Court of Appeals Opinions

Format: 07/31/2014
Format: 07/31/2014
James T. Morris, v. The Board of Education of the Metropolitan Nashville Public Schools - Dissenting
01A01-9605-CH-00247
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge:

The Metropolitan Nashville Board of Education and the teachers union are attempting to use this case as a vehicle to resolve whether Tenn. Code Ann. § 7-7- 105 (Supp. 1996) permits the board to use administrative law judges in Tenn. Code Ann. § 49-5-512 (1996) hearings concerning the termination of tenured teachers. The court has decided to address this issue on its merits even though the teacher involved in this case is non-tenured and is not entitled to a hearing before the board. I cannot agree that we should decide this question at this time. It would be more appropriate to delay addressing the issue until we are presented with a concrete case or controversy. The doctrine of justiciability prompts the courts to stay their hand in cases that do not involve a genuine and existing controversy requiring the present adjudication of present rights. State ex rel. Lewis v. State, 208 Tenn. 534, 537, 347 S.W.2d 47, 48 (1961); Dockery v. Dockery, 559 S.W.2d 952, 954 (Tenn. Ct. App. 1977). In accordance with the doctrine, our courts routinely decline to render advisory opinions, Super Flea Market of Chattanooga v. Olsen, 677 S.W.2d 449, 451 (Tenn. 1984); Parks v. Alexander, 608 S.W.2d 881, 892 (Tenn. Ct. App. 1980), or to decide abstract legal questions. State ex rel. Lewis v. State, 208 Tenn. at 538, 347 S.W.2d at 48-49.

Court of Appeals 01/08/97
Willie West, v. Tennessee Board of Paroles
01A01-9604-CH-00362
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

This appeal involves an inmate’s attempt to obtain judicial review of the parole board’s decision to deny him parole. The Chancery Court for Davidson County dismissed the inmate’s petition for common-law writ of certiorari because it was not filed within the time required by Tenn. Code Ann. § 27-9-102 (1980). The inmate asserts on this appeal that he filed his petition within the required time after he received notice of the board’s decision to deny him parole. We affirm the judgment because the inmate’s underlying request that the parole board review its decision was not timely filed.

Davidson County Court of Appeals 01/08/97
J. Clarice Knight and Carolyn K. Brantly, Administratrices ad litemfor the Estate of Alta M. Knight, Deceased, and Sherry Garland, v. Hospital Corporation of America, A/K/A Centennial Medical Center, et al.
01A01-9509-CV-00408
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Marietta M. Shipley

The medical malpractice and outrageous conduct claims involved in this appeal stem from the hospitalization of an elderly patient for total hip replacement surgery. The patient,1 her two sisters, and her caretaker sued the hospital and its nursing staff in the Circuit Court for Davidson County alleging that their lack of appropriate care caused the patient to enter a vegetative state and caused severe emotional stress to the patient’s sisters and caretaker. The trial court granted the hospital’s motion for summary judgment. We affirm the trial court.

Davidson County Court of Appeals 01/08/97
Joanne Sherrell, et vir., James Sherrell v. Food Lion, Inc.
01A01-9607-CV-00313
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge John W. Rollins

The only issue in this slip-and-fall case is whether there is any material
evidence to support the jury’s finding of no fault on the part of the plaintiff. We affirm
the judgment of the lower court.

Coffee County Court of Appeals 01/08/97
George Michael Simmons, Individually and as Administrator of the Estate of Bess Mai Besson, et al., v. Billy Anglin, Steve Anglin, John Anglin, and Dottie McClearen, et al.
01A01-9607-CV-00292
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Cornelia A. Clark

The Circuit Court of Hickman County granted the owner of a trailer park summary judgment on claims for personal injuries and wrongful death based on a breach of the lease and an oral warranty. We affirm.

Hickman County Court of Appeals 01/08/97
Matthew Seffernick v. Saint Thomas Hospital and Barry E. Yarbrough, M.D.
01A01-9606-CV-00282
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge:

In accordance with the opinion of the Court filed herein, the petition to rehear filed by the appellees is denied at the cost of appellees..

Court of Appeals 01/08/97
David L. Adams, v. Nancy W. Adams
01A01-9606-CH-00281
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Chancellor James L. Weatherford

This is an appeal by defendant/appellant, Nancy W. Adams (“Wife”), from a judgment of the chancery court granting Wife and plaintiff/appellee, David L. Adams (“Husband”), a divorce. Wife claims that the trial court erred in calculating the amount of child support and the amount of rehabilitative alimony and attorney's fees awarded to Wife.

Maury County Court of Appeals 01/08/97
James T. Morris, v. The Board of Education of the Metropolitan Nashville Public Schools
01A01-9605-CH-00247
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Chancellor Robert S. Brandt

Defendant/appellant, the Board of Education of the Metropolitan Nashville Public Schools ("Board"), appeals from the judgment of the Chancery Court for Davidson County which held that
the Board could not use an Administrative Law Judge ("ALJ") to conduct a hearing on whether to dismiss plaintiff/appellee, James Morris, a non-tenured teacher in the Metro school system. The facts out of which this case arose are as follows.

Davidson County Court of Appeals 01/08/97
Joel Thomas Catlett, Jr., v. Marjean Ge'Nell Perryman Catlett
01A01-9605-CH-00244
Authoring Judge: Presiding Judge Ben H. Cantrell
Trial Court Judge: Judge Henry Denmark Bell

The trial court granted the parties a divorce, and ordered the husband to pay the wife alimony in futuro. The parties were also granted joint custody of the teenage children, with the husband to have primary physical custody. On appeal, the husband challenges the nature and amount of the alimony award, and the trial court’s failure to order the wife to pay child support. We remand this case to enable the trialcourt to make the findings of fact in regard to child support that are required by Tenn. Code Ann. § 36-5-101(e)(1). In all other respects we affirm the trial court.

Williamson County Court of Appeals 01/08/97
Charles G. Key v. Edwin B. Raskin Company
01A01-9605-CH-00219
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge:

The appellant has filed a Petition to Rehear which we have considered and decline to grant. It is, therefore, ordered that the Petition to Rehear is overruled at the cost of the appellant.

Davidson County Court of Appeals 01/08/97
Mary Helen Pearson Johnson, v. Luther William Johnson
02A01-9605-JV-00123
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Ted Hunderup

Appellant, Luther William Johnson, appeals from the judgment of the trial court denying his motion to set aside a consent order of paternity and support. The minor child in question, Andreyous Luther, was born on January 23, 1991 to the Appellee, Mary Helen Pearson Johnson (Mother). For reasons herein articulated, we reverse the judgment of the trial court and remand.

Gibson County Court of Appeals 01/07/97
In re: Estate of B. Ray Thompson, Sr., B. Ray Thompson, Jr., Individually and as Co-Trustee Under An Agreement with B. Ray Thompson Sr., v. Lindsay Young, Carl C. Ensor, Jr., and Merle D. Wolfe, et al.
03A01-9602-PB-00075
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Judge Hugh E. DeLozier, Jr.

We granted a Rule 9 appeal in this case to resolve an impasse between the Circuit Court for Blount County, Equity Division, and the Probate Court for Blount County -- whicy by Private Act is the General Sessions Court -- to determine which Court has jurisdiction to resolve the allegations of the complaint in this case.

Blount County Court of Appeals 01/06/97
02A01-9603-CV-00048
Authoring Judge:
Trial Court Judge: James M. Tharpe
Shelby County Court of Appeals 12/31/96