Court of Appeals Opinions

Format: 08/21/2014
Format: 08/21/2014
01A01-9608-CH-00364
Authoring Judge:
Trial Court Judge: Robert S. Brandt
Davidson County Court of Appeals 11/13/96
01A01-9605-GS-00237
Authoring Judge:
Trial Court Judge: Barry R. Brown
Sumner County Court of Appeals 11/13/96
01A01-9603-CH-00098
Authoring Judge:
Trial Court Judge: Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 11/13/96
01A01-9511-CV-00503
Authoring Judge:
Trial Court Judge: Muriel Robinson
Davidson County Court of Appeals 11/13/96
03A01-9605-CH-00162
Authoring Judge:
Trial Court Judge:
Court of Appeals 11/12/96
03A01-9604-CV-00153
Authoring Judge:
Trial Court Judge:
Court of Appeals 11/12/96
03A01-9602-JV-00043
Authoring Judge:
Trial Court Judge:
Claiborne County Court of Appeals 11/12/96
02A01-9607-CV-00156
Authoring Judge:
Trial Court Judge: Jon Kerry Blackwood
Hardeman County Court of Appeals 11/12/96
02A01-9511-CV-00251
Authoring Judge:
Trial Court Judge: James E. Swearengen
Shelby County Court of Appeals 11/12/96
Ty Farming Company, Inc., v. George Belew and The County of Dyer, Tennessee
02A01-9510-CV-00232
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Joe G. Riley. Jr.

Plaintiff-Appellant, TY Farming Company, Inc. (“TY Farming”), appeals the judgment of the trial court denying TY Farming’s claims against Defendants-Appellees Dyer County (“Dyer County”) and George Belew (“Belew”) relative to a dirt road which crossed properties owned by TY Farming, Belew, and other landowners in Dyer County. The trial court found that the dirt road had been abandoned by the County and the general public, that the road was no longer a public road, and, therefore, that the County had no obligation to maintain the road. Accordingly, the judgment denied TY Farming’s claim for damages against the County and dismissed the County from the lawsuit. With regard to TY Farming’s claim against Belew, the judgment granted TY Farming an easement across the property of Belew. The trial court further found that Belew had deprived TY Farming of its previously existing easement of ingress and egress to its property, but the court found that TY Farming had suffered no damages because it had continuous access to its property by another route. Accordingly, the trial court denied TY Farming’s claim for damages against Belew and dismissed TY Farming’s complaint in its entirety.

Dyer County Court of Appeals 11/08/96
Thomas Tarpley, v. Charles Traughber, Chairman, Tennessee Board of Paroles
01A01-9608-CH-00365
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Chancellor Robert S. Brandt

The captioned plaintiff, an inmate of the Department of Corrections, filed this suit for certiorari from an adverse decision of the Board of Paroles. The Trial Court dismissed the suit for failure to state a claim for which relief can be granted.

Davidson County Court of Appeals 11/08/96
Gate Pharmeceuticals, a Division of the Lemmon Company, v. Tennessee Board of Medical Examiners
01A01-9510-CH-00451
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

This Board added this language in its amendment to the original version of the rule. This case involves a challenge to the validity of a rule promulgated by the Tennessee Board of Medical Examiners. Gate Pharmaceuticals appeals the judgment of the trial court upholding the rule’s validity. We affirm.

Davidson County Court of Appeals 11/08/96
Gary Bernard Sanders, v. Don Sundquist, Governor of State of Tennessee, et al.
01A01-9608-CH-00363
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Chancellor Robert S. Brandt

The captioned plaintiff, an inmate of the Department of Correction, filed this suit against the Governor, Commissioner of Correction and Commissioner of Correction, seeking a declaration of his rights to release from incarceration. The defendants filed a motion to dismiss supported by affidavit of an official of the Department of Correction. The motion was therefore a motion for summary judgment. T.R.C.P. Rule 12.02.

Davidson County Court of Appeals 11/08/96