Court of Appeals Opinions

Format: 11/24/2014
Format: 11/24/2014
Randall Myers v. Hurst Construction Company, Inc.
01A01-9609-CV-00397
Authoring Judge:
Trial Court Judge: Don R. Ash

The Trial Court and this Court have granted permission to the Hurst Construction Co., Inc., to appeal from an interlocutory order of the Trial Court overruling the motion of Hurst Construction Co., Inc., for summary judgment on grounds of the statute of limitations.

Rutherford County Court of Appeals 03/05/97
Ila Stephens Bertram v. Charles R. Gernt, Estate of Bruno Gernt, Inc. Champion International Corporation, Hood Coal Company, et. al .
01A01-9609-CH-00435
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Chancellor Billy Joe White

The plaintiff filed suit to establish present title to land in Fentress County that had previously belonged to her family. The Chancery Court dismissed her suit on the ground that she lost whatever interest she had in the land through foreclosure. After examining the record and the briefs of the parties, we find that the trial court did not err in dismissing the suit, and we affirm.

Fentress County Court of Appeals 03/05/97
Frank McNeil, MD. and Janet McNeil, M.D. v. TN. Board of Medical Examiners - Concurring
01A01-9608-CH-00383
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

The captioned petitioners sought judicial review and reversal of the administrative order of the respondent Board subjecting them to discipline for professional misconduct. From a judgment affirming the administrative order, the petitioners have appealed, presenting the issue for review in the following terms: The Petitioner-Appellants, Frank McNiel, M.D. and Janet McNiel, M.D., respectfully submit that the issue presented for review in this case is whether or not the Tennessee Board of Medical Examiners’ decision to discipline their license to practice medicine in Tennessee should be reversed pursuant to T.C.A. §4-5-322(h) of the Tennessee Uniform Administrative Procedures Act, in that the decision was not supported by substantial and material evidence and was otherwise arbitrary and capricious.

Davidson County Court of Appeals 03/05/97
Robert A. Hewgley, Deane Pritchett, and H. Mel Weaver, v. Jose A. Vivo and wife Peggy M. Vivo
01A01-9506-CH-00266
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: John W. Rollins

This appeal involves the enforcement of a 47-year-old restrictive covenant in a residential subdivision in Tullahoma. After a physician converted one of the homes in the subdivision into a medical clinic, a group of property owners filed suit in the Chancery Court for Coffee County seeking declaratory and injunctive relief to enforce a restrictive covenant requiring the property in the subdivision to be used for residential purposes. The trial court, sitting without a jury, determined that the restrictive covenant remained enforceable, directed the physician to remove an illuminated exterior sign, and awarded attorney’s fees to the property owners. On this appeal,  the physician takes issue with the enforcement of the restrictive covenant and with the award of attorney’s fees. While we affirm the enforcement of the restrictive covenant, we reverse the award of attorney’s fees.

Coffee County Court of Appeals 03/05/97
X2010-0000-XX-X00-XX
Authoring Judge:
Trial Court Judge:
Court of Appeals 02/28/97
X2010-0000-XX-X00-XX
Authoring Judge:
Trial Court Judge:
Marion County Court of Appeals 02/28/97
Smith vs. Duncan
01A01-9602-CV-00077
Authoring Judge:
Trial Court Judge: Conrad E. Troutman, Jr.
Fentress County Court of Appeals 02/28/97
Davis vs. Rose
01A01-9610-CH-00494
Authoring Judge:
Trial Court Judge: Jim T. Hamilton
Davidson County Court of Appeals 02/28/97
J. Harold Shankle Co. vs. Bedford Co. Bd.
01A01-9609-CH-00387
Authoring Judge:
Trial Court Judge: Lee Russell
Bedford County Court of Appeals 02/28/97
Thomas, et. ux. vs. Crockett, et. al.
01A01-9608-CV-00380
Authoring Judge:
Trial Court Judge: Walter C. Kurtz
Davidson County Court of Appeals 02/28/97
Thomas, et. ux. vs. Crockett, et. al.
01A01-9608-CV-00380
Authoring Judge:
Trial Court Judge: Walter C. Kurtz
Davidson County Court of Appeals 02/28/97
The Tennessean vs. Electric Power Bd. of Nashville
01A01-9606-CH-00255
Authoring Judge:
Trial Court Judge: Ellen Hobbs Lyle
Davidson County Court of Appeals 02/28/97
Klindt vs. Klindt
01A01-9606-CH-00250
Authoring Judge:
Trial Court Judge: C. K. Smith
Wilson County Court of Appeals 02/28/97