Court of Appeals Opinions

Format: 12/04/2016
Format: 12/04/2016
Diana Morris v. State of Tennessee
01A01-9612-BC-00569
Authoring Judge: Senior Judge William H. Inman
Trial Court Judge: Commissioner W. R. Baker

This action was filed October 15, 1992 before the Tennessee Claims Commission. The plaintiff sought two-fold relief: (1) benefits under the Workers’ Compensation Law, TENN. CODE ANN. § 50-6-101 et seq., and (2) damages for the tort of alleged retaliatory discharge for filing a claim for workers’ compensation benefits, as allegedly authorized by TENN. CODE ANN. § 9-8-301 et seq. The claims were bifurcated.

Davidson County Court of Appeals 10/03/97
Billy Frank Henley and Joe H. Marlow v. Dale Dotson and wife Elsie Dotson
01A01-9611-CH-00523
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Chancellor Gerald L. Ewell, Sr.

This matter appears appropriate for consideration pursuant to Rule 10(b) of the Rules of the Court of Appeals of Tennessee.1 The plaintiffs in this case, Billy Frank Henley (“Henley”) and Joe H. Marlow (“Marlow”), own tracts of farm land in Coffee County, Tennessee. Henley acquired his land in 1992 from his brother, Clarence Henley, and his sister-in-law, Nona Mae Henley. Clarence and Nona Mae Henley had acquired the property from his parents in 1974. His parents had owned the property since 1957. Marlow acquired one tract of land at issue in 1973 and another tract of land at issue in 1975. The plaintiffs claim that a road separates their land from that of the defendants, Dale and Elsie Dotson (“Dotson”).

Coffee County Court of Appeals 10/03/97
Jordan Bair, Minor B/N/F and Parent, Mark Baird, v. John Doe
01A01-9610-CV-00471
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Judge Leonard W. Martin

 

This matter appears appropriate for consideration pursuant to Rule 10(a) of the Rules of the Court of Appeals of Tennessee.1

Dickson County Court of Appeals 10/03/97
Outdoor Source, Inc., v. Outdoor Entertainment, Inc.
01-A-01-9702-CH-00053
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge:

This court entered an order on 13 August 1997 in the above styled case. Defendant/appellee, Outdoor Entertainment, Inc. (“OEI”), filed a petition for rehearing on 25 August 1997. It is the opinion of this court that the petition should be denied.

Court of Appeals 10/03/97
James Slyman, v. National Knife Collectors Association
03A01-9703-CV-00094
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Judge Samuel H. Payne

In this jury case, National Knife Collectors Association appeals a $5000 judgment rendered against it in favor of James Slyman, raising the following two issues on appeal, neither of which questions the amount of the award.

Hamilton County Court of Appeals 10/01/97
Mark Edward Kinsler, v. Carl Baker, et ux., Edith Baker
03A01-9703-CH-00080
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Chancellor Thomas R. Frierson, II

In this suit, the Plaintiff seeks a determination that he owns a right-of-way from his property located in the Fourth District of Hancock Counter over the adjoining property of the Defendants.
 

Hancock County Court of Appeals 10/01/97
Cherokee HIlls Utility District, v. Jeff Stanley, Individually and Jess Stanley, D/B/A Wahoo's
03A01-9704-CV-00128
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Judge John B. Hagler

Jeff Stanley, Individually, and D/B/A Wahoo's, appeals a judgment of the Circuit Court for Polk County which mandatorily enjoined him to remove a cabin he ws constructing and a concrete pad from an easement for a waterline which the Trial Judge found was owned by Cherokee HIlls Utility District and was an encumbrance on property conveyed to Mr. Stanley.

Polk County Court of Appeals 10/01/97
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