December 13, 2001
What follows is the case style or name, first paragraph, author's name, and the names of attorneys for the parties of each opinion released eletronically today to TBALink.
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Howard H. Vogel
E. ALFRED BIBBINS, a/k/a ED OWENS v. T.R. GUNN, d/b/a T.R. GUNN COMPANY Court:TCA Attorneys: E. Alfred Bibbins, Chattanooga, Tennessee, Pro Se. No brief filed on behalf of appellee, T.R. Gunn d/b/a T.R.Gunn Company. Judge: SUSANO First Paragraph: The plaintiff filed a complaint seeking money damages and other relief against the defendant. The complaint alleges that the plaintiff is entitled to the requested relief based on past defamatory statements and anticipated "libelous and slanderous statements that damage plaintiff's reputation." The trial court dismissed the complaint "for lack of proof." We affirm. http://www.tba.org/tba_files/TCA/bibbinsea.wpd
BLAKE BURTON, et al. v. HARDWOOD PALLETS, INC., et al.
Court:TCA
Attorneys:
Michael A. Anderson, Chattanooga, Tennessee, for the appellants, Blake
Burton and Michael Burton.
Donald J. Aho, Chattanooga, Tennessee, for the appellee, AmSouth Bank.
Judge: SUSANO
First Paragraph:
This appeal involves a dispute between the sellers of a business and
the bank that financed a portion of the purchase price. The
plaintiffs, Blake Burton and Michael Burton, entered into an agreement
with the defendant, Hardwood Pallets, Inc., to sell the Burtons'
pallet manufacturing business. As partial consideration for the sale,
Hardwood Pallets executed an unsecured promissory note to the Burtons
in the amount of $1,000,000. Additional consideration for the sale
was obtained by way of an $800,000 loan from the defendant, AmSouth
Bank, to Hardwood Pallets; as a part of the bank transaction, Hardwood
Pallets pledged its assets as collateral. As a condition to the
making of the loan, AmSouth required the Burtons to execute a
subordination agreement. When Hardwood Pallets defaulted on the bank
loan, AmSouth sold the collateral at a private sale. Litigation
ensued. In addition to suing Hardwood Pallets and its shareholders,
the Burtons sued AmSouth, alleging procurement of breach of contract
and civil conspiracy to defraud. AmSouth filed a counterclaim,
alleging that the Burtons breached the subordination agreement. It
also filed a motion for summary judgment, asserting that it acted
within its rights under the subordination agreement. The trial court
entered a judgment in favor of AmSouth pursuant to Tenn. R. Civ. P.
54.02. We affirm.
http://www.tba.org/tba_files/TCA/burtonb.wpd
ALLISON COATS v. SMYRNA/RUTHERFORD COUNTY AIRPORT AUTHORITY Court:TCA Attorneys: Josh A. McCreary, Murfreesboro, Tennessee, for the appellant, Smyrna/Rutherford County Airport Authority. Allison Coats, Smyrna, Tennessee, Pro Se. Judge: CAIN First Paragraph: This action was brought by the plaintiff against the defendant following two requests by the plaintiff pursuant to the Tennessee Public Records Act for certain documents relating to the Smyrna Airport negotiations with Wiggins Group, PLC./Plane Station, Inc. The plaintiff alleged a statutory right to inspect certain documents. Ultimately, the trial court ordered all of the documents released to the plaintiff, but ordered correspondence addressed to or signed by the SRCAA attorney placed under seal pending appeal. The principal issue on this appeal is whether the appellee is entitled to the documents under seal pursuant to Tennessee Code Annotated section 10-7-503. http://www.tba.org/tba_files/TCA/coatsallison.wpd KATHIE NAOMI KING v. BILLY WAYNE KING Court:TCA Attorneys: William C. Barnes, Jr., Columbia, Tennessee, for the appellant, Billy Wayne King. Joe W. Henry, Jr., Pulaski, Tennessee, for the appellee, Kathie Naomi King. Judge: CAIN First Paragraph: This is an appeal of a divorce proceeding presented to the trial court in an unusual manner, by agreement of all parties and all attorneys. Husband appeals the final judgment, and we affirm in part and reverse in part. http://www.tba.org/tba_files/TCA/kingkathie.wpd MILLIKEN GROUP, INC. v. HAYS NISSAN, INC. Court:TCA Attorneys: William P. Jones, Hendersonville, Tennessee, for the appellant, Milliken Group, Inc. Todd E. Panther, Nashville, Tennessee, for the appellee, Hays Nissan, Inc. Judge: FARMER First Paragraph: This dispute arises from a contract for capital improvements entered into between the plaintiff and the agent of the defendant. The primary issues on appeal are whether the agent had the authority to bind the defendant to the contract, and whether the trial court erred in limiting the amount of damages awarded to the plaintiff. We affirm in part and modify the judgment. http://www.tba.org/tba_files/TCA/millikengroupInc.wpd CORRECTED OPINION WILLIAMSON COUNTY, et al. v. TENNESSEE STATE BOARD OF EQUALIZATION Court:TCA Attorneys: Jeffrey Dean Moseley, Franklin, Tennessee, for the appellant, Williamson County, Tennessee. James Charles and Jennifer Clinard Surber, Nashville, Tennessee, for the appellant, Metropolitan Government of Nashville and Davidson County. Donnie E. Wilson and Robert B. Rolwing, Memphis, Tennessee, for the appellant, Shelby County, Tennessee. Jean Dyer Harrison, Nashville, Tennessee, for the appellants, Tennessee City Governments and Tennessee County Governments. Paul G. Summers, Attorney General & Reporter; and Jimmy G. Creecy, Chief Special Counsel, Nashville, Tennessee, for the appellee, Tennessee State Board of Equalization. T. Arthur Scott, Jr. and Suzanne S. Cook, Kingsport, Tennessee, for the appellees, Appalachian Power Company and Kingsport Power Company. Brigid M. Carpenter, Nashville, Tennessee; James W. McBride, Washington, D.C.; and Stephen D. Goodwin, Memphis, Tennessee, for the Intervenors/Appellees, Coalition of Public Utilities. Everett B. Gibson, Memphis, Tennessee, for the Intervenors/Appellees, Colonial Pipeline Company, MCI Metro Access Transmission Services, Inc., MCI Telecommunications Corporation and Norfolk Southern Railway Company. Judge: CAIN First Paragraph: In this case, a consortium of counties and cities appeals the decision of the Chancery Court of Davidson County upholding the action of the Tennessee State Board of Equalization in applying depreciable life schedules forming a part of Tennessee Code Annotated section 67-5-903(f) to commercial and industrial tangible personal property and in holding that personal property is not constitutionally required to be valued at its actual value in the implementation of Tennessee Code Annotated section 67-5-1509(a). The only issues before this court are the constitutionality of Tennessee Code Annotated section 67-5-903(f) and Tennessee Code Annotated section 67-5- 1509(a). We hold both statutes to be constitutional and affirm the Chancellor. http://www.tba.org/tba_files/TCA/williamsonco.wpd WILLS ELECTRIC COMPANY, INC. v. HASSAN MIRSAIDI, INDIVIDUALLY & D/B/A MIRSAIDI CONSTRUCTION COMPANY Court:TCA Attorneys: Richard E. Norman, Jr., Nashville, Tennessee, for the appellant, Hassan Mirsaidi, Individually and d/b/a Mirsaidi Construction. Joseph Y. Longmire, Jr. and C. Ronald Blanton, Hendersonville, Tennessee, for the appellee, Wills Electric Company, Inc. Judge: CANTRELL First Paragraph: A general contractor withheld the final payment for work completed by his electrical subcontractor, and the subcontractor sued for breach of contract. The trial court awarded the subcontractor the contracted-for amount, as well as pre-judgment interest and consequential damages. We reverse the award of consequential damages. In all other respects, we affirm the trial court. http://www.tba.org/tba_files/TCA/willselectric.wpd
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