Court of Appeals Opinions

Format: 10/21/2014
Format: 10/21/2014
Harlan White, v. State of Tennessee, Department of Correction
01A01-9602-CH-00071
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Chancellor Robert S. Brandt

This is an appeal by petitioner, Harlan White, from the trial court’s order dismissing his petition for declaratory judgment on the ground that petitioner failed to exhaust his administrative remedies.

Davidson County Court of Appeals 05/08/96
Frank R. Dalton v. Tennessee Board of Paroles - Concurring
01-A-01-9601-CH-00029
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Chancellor Robert S. Brandt

This appeal involves a prison inmate’s efforts to be paroled. After the Tennessee Board of Paroles declined to parole him, the inmate filed a petition for common-law writ of certiorari in the Chancery Court for Davidson County seeking review of the board’s decision. The trial court dismissed the petition on the ground that it failed to state a claim upon which relief could be granted, and the inmate appealed to this court. We have determined that the board has not demonstrated that it is entitled to a judgment as a matter of law, and therefore, we vacate the judgment and remand the case for further proceedings.

Davidson County Court of Appeals 05/08/96
Oak Highlands Homeowners' Association, Inc., v. Continental Development and Construction, Inc. and Nicholas S. Psillas
01A01-9511-CH-00535
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Chancellor C. Allen High

The captioned plaintiff has appealed from the non-jury dismissal of its suit to enforce restrictions and has presented the following issues for review:

Davidson County Court of Appeals 05/08/96
Gertrude Jackson and Josephine J. Johnson, v. Helen Patton, Executrix of the Estate of Jennie Mai Jackson, Deceased.
01A01-9511-CH-00528
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Chancellor Henry Denmark Bell

The captioned executrix has appealed from a non-jury judgment of the Chancery Court that a will dated April 6, 1989 is the true, whole and last will and testament of Jennie Mai Jackson, deceased.

Williamson County Court of Appeals 05/08/96
Dewey Richard Farley and wife, Pamela Farley, and Tommy West v. James Clayton, Individually and D/B/A Luv Homes, Clayton Homes, Inc., Individually and D/B/A Luv Homes and Ch of Al, Inc. et al.
01A01-9510-CV-00429
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge John A. Turnbull

This is an action for misrepresentations and inducement of breach of contract relating to the trial and settlement of a personal injury case. The original plaintiffs and a co-defendant have sued the other defendants for misrepresenting or concealing material facts which (1) induced the plaintiffs to settle their original claim for less than its worth, and (2) induced the defendants’ insurance company not to represent the other defendant. The Circuit Court of Putnam County granted summary judgment to the defendants. We affirm.

Putnam County Court of Appeals 05/08/96
Dewey Richard Farley and wife, Pamela Farley, and Tommy West, v. James Clayton, Individually and D/B/A Luv Homes, Clayton Homes, Inc. et al.
01A01-9510-CV-00429
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge John A. Turnbull

This is an action for misrepresentations and inducement of breach of contract relating to the trial and settlement of a personal injury case. The original plaintiffs and a co-defendant have sued the other defendants for misrepresenting or concealing material facts which (1) induced the plaintiffs to settle their original claim for less than its worth, and (2) induced the defendants’ insurance company not to represent the other defendant. The Circuit Court of Putnam County granted summary judgment to the defendants. We affirm.

Putnam County Court of Appeals 05/08/96
Evelene V. Stein, v. Davidson Hotel Company
01A01-9509-CV-00407
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Judge Hamilton V. Gayden, Jr.

This is an appeal by plaintiff/appellant, Evelene N. Stein, from a judgment dismissing five of the seven claims alleged by Ms. Stein against defendant/appellant, Davidson Hotel Company ("Davidson").

Davidson County Court of Appeals 05/08/96
James Michael Gee v. Amy Elizabeth (Mischell) Gee - Concurring
01-A-01-9509-CH-00427
Authoring Judge: Judge Henry F. Todd
Trial Court Judge: Chancellor Alex W. Darnell

The captioned defendant has appealed from a partial judgment which resolved some, but not all, of the issues in this divorce case. The judgment is not a final judgment appealable as of right, and is subject to revision by the Trial Court at any time before all issues are determined. T.R.A.P. Rule 3(a).

Montgomery County Court of Appeals 05/08/96
Jimmy Arnold v. Tennessee Board of Paroles, et al., - Concurring
01-A-01-9508-CH-00375
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Chancellor C. Allen High

The Chancery Court of Davidson County dismissed the appellant’s Petition for Writ of Certiorari to review the Parole Board’s denial of parole. We affirm because we find that the petition in the lower court does not contain any  allegations which show that the Board acted illegally, arbitrarily, or in excess of its jurisdiction.

Davidson County Court of Appeals 05/08/96
Giles E. Roberson and wife, Hazel B. Roberson, v. Mary Margaret (Darwin) Wasson and Pug Martin, individually and D/B/A Century 21 Pug Martin Realty and Stephen N. Snyder and, Barbara L. Snyder
03A01-9509-CH-00299
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Chancellor Jeffrey F. Stewart

This suit was filed by Plaintiffs Giles E. Roberson and his wife Hazel B. Roberson against Defendants Mary Margaret (Darwin) Wasson and Pug Martin, individually , and D/B/A Century 21 Pug Martin Realty. The Plaintiffs sought to have the Court declare that a strip of land approximately 18 feet in width, titled in the name of Mrs. Wasson, which lay between separate tracts owned by them (see appendix) "to have been abandoned and to be non-existent." The complaint was later amended to advance the theory of adverse possession, and still later to add as parties Defendant Stephen N. Snyder and wife Barbara L. Snyder, who had purchased the property from Mrs. Wasson.

Rhea County Court of Appeals 05/06/96
Lisa J. Prince and Ricky Prince v. Coffee County, Tennessee d/b/a Coffee Medical Center - Concurring
01A01-9508-CV-00342
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge Gerald L. Ewell, Sr.

This is a medical malpractice case. Plaintiffs, Lisa and Ricky Prince, are  husband and wife. Lisa Prince ("Plaintiff") was injured during out-patient surgery, allegedly as a result of improperly administered anesthetic.  Initially, the suit was brought against Coffee Medical Center, Dr.  Ramprasand (the surgeon), and Michael Cruz (the nurse anesthetist).  Dr. Ramprasand and Cruz settled with Plaintiffs and were dismissed prior to this action. Plaintiff alleges on appeal that Coffee Medical Center ("CMC") was negligent in failing to establish adequate anesthetic policies and procedures and in failing to enforce its own anesthesia policies and procedures. The trial court granted summary judgment in favor of CMC and Plaintiff has appealed. For the reasons stated below, we reverse.

Coffee County Court of Appeals 05/03/96
Thomas W. Harrison, Terry Harrison, and Brenda Harrison Kennamore, v. Earl Laursen
01A01-9505-CH-00192
Authoring Judge: Senior Judge William H. Williams
Trial Court Judge: Chancellor Jim T. Hamilton

This is an appeal of a nonjury action in chancery form originally brought to rescind a contract for the sale of real estate and for damages to real property. The complaint was filed on January 22, 1 1991. Four separate hearings have been held in this cause. The first hearing was held without intervention of a jury. The second and third hearings were heard in the presence of a jury, and the fourth hearing in this cause was held without a jury. Following the fourth trial in the Chancery Court of GilesCounty, Tennessee, the chancellor entered a judgment against appellant for $22,279.59. The defendant, Earl Laursen, timely filed a notice of appeal from the final order entered January 9, 1995. The defendant, Delorita Laursen, did not perfect her appeal by filing a notice of appeal and is not before this Court. See, e.g., Town of Carthage, Tennessee, et al. v. Smith County, Tennessee, No. 01-A-01-9308-CH-00391 (Tenn. App., March 8, 1995). The appeal by the defendant/appellant, Earl Laursen, has been perfected and is properly before this Court. The appellant contends that the trial court erred in not having a jury hear the fourth case and in assessing damages to the real property. We reverse and remand for reasons that will hereinafter be shown.

Giles County Court of Appeals 05/03/96
Ray Donald Hawkins v. Metropolitan Government of Nashville & Davidson County Tennessee, et al. - Concurring
01-S-01-9508-CV-00126
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Hamilton V. Gayden, Jr.

This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. § 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law.

Davidson County Court of Appeals 05/03/96