Opinion FlashSeptember 25, 2002
Volume 8 Number 168
Following this index are summaries of each case, including its name, first paragraph, author's name, and the names of attorneys for the parties of each opinion.This Issue (IN THIS ORDER):
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Howard H. Vogel
CERTAIN UNDERWRITER'S AT LLOYD'S OF LONDON Subscribing to Policy of Insurance No. LTC982015 v. TRANSCARRIERS INC., et al. Court:TCA Attorneys: Alisa W. Terry, Decatur, Georgia, for the appellant, Certain Underwriter's at Lloyd's of London. Joseph W. Barnwell, Jr., Memphis, Tennessee, for the appellee, Transcarriers, Inc. Tim W. Hellen, Memphis, Tennessee, for the appellee, Mitsui Marine & Fire Insurance Company of America. Judge: FARMER First Paragraph: This is an interlocutory appeal to determine when a cause of action accrued so as to trigger a contractual limitations period contained in a legal liability insurance policy issued to a motor carrier, where the contract contained a settlement of loss provision and the insurer never denied liability. We hold the contractual statute of limitations began to run upon the expiration of the settlement of loss provision, when the insurer was no longer immune from suit. http://www.tba.org/tba_files/TCA/certainu.wpd
RAY D. EDWARDS, SR., and wife, JEWELE C. EDWARDS, and JOHN F. GAZICK, and wife, HELENE K. GAZICK v. HALLSDALE-POWELL UTILITY DISTRICT KNOX COUNTY, TENNESSEE Court:TCA Attorneys: J. Myers Morton and George W. Morton, Jr., Knoxville, Tennessee, for Appellants. Samuel C. Doak and Dan D. Rhea, Knoxville, Tennessee, for Appellee. Judge: FRANKS First Paragraph: This is an appeal from the grant of partial summary judgment for defendant that plaintiff could not maintain an action for inverse condemnation. On appeal, we vacate the grant of summary judgment. http://www.tba.org/tba_files/TCA/edwardsr.wpd
IN RE: THE ESTATE OF JOHN H. NAIFEH Court:TCA Attorneys: Randall Stamps, Hendersonville, For Appellant, Niccole Naifeh J. Houston Gordon, Covington, For Appellee, Estate of John H. Naifeh James S. Wilder, III, Memphis, For Cathy L. Naifeh Judge: CRAWFORD First Paragraph: This appeal arises from an order denying a surviving spouse's Petition to Set Aside Exempt Property and Year's Support. The Chancery/Probate Court of Tipton Count denied surviving spouse's petition, finding that petition was filed outside the time limits established by T.C.A. S 30-2- 102(g) and T.C.A. S 31-4-102. Spouse appeals. We affirm. http://www.tba.org/tba_files/TCA/naifehj.wpd
OFF ROAD PERFORMANCE/GO RHINO v. JOHN WALLS d/b/a JOHN WALLS FOUR WHEEL DRIVE Court:TCA Attorneys: Terry D. Smart, Memphis, Tennessee, for the appellant John Walls D/B/A John Walls Four Wheel Drive. William A. Cohn, Cordova, Tennessee, for the appellee, Off Road Performance/Go Rhino. Judge: LILLARD First Paragraph: This is a breach of contract case. The parties had an oral contract for the sale of goods. The plaintiff seller asserted that the parties orally agreed on a price of $23,000; the defendant buyer paid $10,000 in advance of shipment. The buyer maintained that his $10,000 payment was the entire agreed sale price. The trial court found that the sale price was $23,000. The defendant appeals, arguing that Tennessee's statute of frauds prohibited enforcement of the contract beyond the price admitted by the defendant. We affirm, finding that, once the defendant admitted the existence of an oral contract, the trial court could determine the contract's terms based on witness testimony and other relevant evidence. http://www.tba.org/tba_files/TCA/offroad.wpd
MARY WEST VARNER v. JASON MATTHEW VARNER Court:TCA Attorneys: Brian M. House, Ringgold, Georgia, for Appellant, Jason Matthew Varner. David H. Lawrence, Chattanooga, Tennessee, for Appellee, Mary West Varner. Judge: FRANKS First Paragraph: In divorce case the Trial Court divided marital property and debts, awarded alimony and designated debts to be paid by husband as alimony. On appeal, we affirm in part and reverse in part. http://www.tba.org/tba_files/TCA/varnerm.wpd
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