Court of Appeals Opinions

Format: 08/26/2016
Format: 08/26/2016
Issac Lydell Herron v. Elizabeth T. Rice et al., - Concurring
02A01-9706-CV-00117
Authoring Judge: Judge Farmer
Trial Court Judge: Judge Joseph H. Walker

Issac Lydell Herron appeals from the trial court’s order dismissing his petition for a writ of mandamus.  The complaint alleges that Mr. Herron is the president and incorporator of the Church of God at Cold Creek, Inc., a Tennessee corporation.  Jimmy Harrison is the warden of Cold Creek  Correctional Facility (CCCF) and Elizabeth T. Rice is the District Attorney General of the 25th Judicial District.  Although not specifically stated in the complaint, it is apparent from the exhibits to the complaint that Mr. Herron is incarcerated at CCCF.

Lauderdale County Court of Appeals 10/01/97
Anthony Earle McCann and Cynthia McCann v. Peggy McCann Patterson Weathers
02A01-9704-CH-00092
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor J. Steven Stafford

Peggy McCann Patterson Weathers appeals the trial court’s order which granted the petition of Appellees Anthony Earl McCann and Cynthia McCann to adopt the two minor children of Weathers’ daughter, Virginia Darlene McCann Wills. We affirm the court’s final order of adoption.
 

Dyer County Court of Appeals 10/01/97
Lawrence Norton v. Brenda Norton
02A01-9609-CV-00222
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge George H. Brown

This litigation concerns dissolution of a marriage 24 years in duration. The appellant, Lawrence Edward Norton, Sr. (“Husband”), has appealed from the final decree of divorce, challenging the correctness of the trial court’s decision to award the appellee, Brenda Kay Norton (“Wife”), one-half of his railroad retirement benefits, rehabilitative alimony and attorney’s fees. For reasons expressed below, we affirm and remand.

Shelby County Court of Appeals 10/01/97
George M. Bond v. Com-Ther, Inc.
01A01-9704-CV-00149
Authoring Judge: Senior Judge William H. Inman
Trial Court Judge: Judge Don R. Ash

The plaintiff and the defendant entered into a “Contract Services Agreement” in 1994 which provided, as pertinent to this case, that either party might terminate it at any time by giving 30 days notice to the other. On May 19, 1995, the defendant informed the plaintiff by letter that “ . . . we are discontinuing our relationship with you for Physical Therapy services, effective May 19, 1995. Normal procedure warrants a 30 day notice, however, in light of numerous complaints regarding your services, we feel it is necessary to cease services immediately.” This suit was filed in the General Sessions Court to recover compensation for 30 days. The plaintiff insists that because he was entitled to 30 days notice of termination of the contract, he is entitled to recover compensation during this period in accordance with his earnings history.

Rutherford County Court of Appeals 10/01/97
Ralph Moore Creswell v. Billie Creswell Duff
01A01-9702-CH-00059
Authoring Judge: Senior Judge William H. Inman
Trial Court Judge: Chancellor Henry D. Bell

This complaint was filed July 17, 1978, by a Conservator seeking an accounting from a Trustee - Executrix.
 

Williamson County Court of Appeals 10/01/97
Lions Head Homeowners' Association, et. al. v. Metropolitan Board of Zoning Appeals, Metropolitan Government of Nashville, Davidson County, TN and the Martin Companies, Inc.
01A01-9611-CH-00505
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

This appeal stems from a decision of the Metropolitan Board of Zoning Appeals to grant a conditional use permit for a medical office building and parking garage adjacent to St. Thomas Hospital. The homeowners’ association of a neighboring condominium development and other parties who opposed the project filed a petition for a writ of certiorari in the Chancery Court for Davidson County. The trial court heard the case without a jury and upheld the Board’s decision to grant the conditional use permit. On this appeal, the project’s opponents take issue with the procedures followed by the Board in granting the conditional use permit and also assert that the project does not comply with the Zoning Ordinances for the Metropolitan Government of Nashville and Davidson County. We affirm.

Davidson County Court of Appeals 10/01/97
Bellsouth Telecommunications, Inc. D/B/A South Central Bell Telephone Co., v. Tennessee Regulatory Authority, et al.
01A01-9601-BC-00008
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge:

This consolidated appeal of three separate proceedings involves the efforts of BellSouth Telecommunications, Inc. to take advantage of the 1995 legislation easing the traditional regulatory burdens on telecommunications service providers. After making significant adjustments in BellSouth’s reported operating results, the Tennessee Public Service Commission determined that BellSouth’s current earned rate of return exceeded its authorized rate of return and that BellSouth was receiving $56.285 million in excess revenues. The Commission directed BellSouth to reduce its rates by $56.285 million and set the initial rates in the company’s price regulation plan accordingly. On this appeal, BellSouth and another intervening party take issue with the procedures employed by the Commission to consider and act upon BellSouth’s application for a price regulation plan. We have determined that these proceedings were not preempted by the federal Telecommunications Act of 1996. We have also determined that the General Assembly did not give the Commission authority to adjust BellSouth’s reported operating results and that the Commission should have convened a contested case hearing when BellSouth took issue with the Commission’s decision to adjust its reported operating results. Accordingly, we vacate the Commission’s January 23, 1996 order and all earlier related orders.

Davidson County Court of Appeals 10/01/97
John Wayne Slate, Sr.,. v. State of Tennessee Board of Paroles, et al.
01A01-9704-CH-00155
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

The captioned plaintiff, a prisoner in custody of the Department of Correction awaiting execution has appealed from a decision of the Board of Paroles denying his request for parole. His death sentence has been stayed by a federal court which ordered a retrial of the issue of punishment. This retrial has not yet taken place.

Davidson County Court of Appeals 10/01/97
X2010-0000-XX-X00-XX
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Trial Court Judge:
Sullivan County Court of Appeals 09/30/97
X2010-0000-XX-X00-XX
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Anderson County Court of Appeals 09/30/97
Bunch vs. Cooper
03A01-9705-CV-00154
Authoring Judge:
Trial Court Judge:
Knox County Court of Appeals 09/30/97
Givler vs. Givler
03A01-9702-CV-00061
Authoring Judge:
Trial Court Judge:
Blount County Court of Appeals 09/30/97
State DHS vs. Russell
03A01-9701-CV-00002
Authoring Judge:
Trial Court Judge:
Hawkins County Court of Appeals 09/29/97