Supreme Court Opinions

Format: 10/02/2014
Format: 10/02/2014
Eli Mike and James A. Schrampfer and Jane N. Forbes, as Trustee in Bankruptcy for the Estate of David L. Osborn v. PO Group, Inc. a Tennessee Corp., James W. (Bill) Anderson III, and the Estate of Harold L. Jenkins - Concurring
01S01-9508-CH-00137
Authoring Judge: Justice Lyle Reid
Trial Court Judge: Chancellor C. Allen High

This case presents for review the decision of the Court of Appeals, affirming an award of summary judgment in favor of the defendants. The Court of Appeals held that the plaintiffs' suit charging the breach by a  majority shareh older of a fiduciary duty owed to minority shareholders is barred by the o ne year statute of limitations. This Cou rt concludes that the applicable period of limitations is three years and remands the case to the trial court to determine whether plaintiffs' action was time-barred.

Davidson County Supreme Court 09/03/96
02A01-9503-CV-00036
Authoring Judge:
Trial Court Judge: Julian P. Guinn
Carroll County Supreme Court 08/28/96
01S01-9507-CV-103
Authoring Judge:
Trial Court Judge:
Supreme Court 08/26/96
01A01-9502-CH-00037
Authoring Judge:
Trial Court Judge:
Supreme Court 08/26/96
Scarlett J. Love v. College Assessment Services Inc. and Nursing Careers, Inc.
03S01-9510-CV-00118
Authoring Judge: Justice Frank F. Drowota, III
Trial Court Judge: Judge Conrad E. Troutman, Jr.

The plaintiff, Scarlett Lay Love, appeals from the denial of her motion to dismiss, the motion being predicated upon the alleged failure of the defendants, College Level Career Services, Inc., and Nursing Careers, Inc., to perfect an appeal from the general sessions court to the circuit court within the ten-day period provided for in Tenn. Code Ann. § 27-5-108. The sole issue for our determination is as follows: whether a facsimile (fax) transmission of a notice of appeal and appeal bond, sent by the defendants to the clerk of the general sessions court on the final day on which an appeal could be taken, is sufficient to perfect the appeal. For the following reasons, we conclude that the facsimile transmission was not sufficient to perfect the appeal; therefore, we reverse the judgment of the Court of Appeals.
 

Knox County Supreme Court 08/05/96
03S01-9507-CR-00075
Authoring Judge:
Trial Court Judge:
Supreme Court 07/15/96
02S01-9511-CV-00114
Authoring Judge:
Trial Court Judge: James E. Swearengen
Shelby County Supreme Court 07/15/96
01S01-9510-CV-00188
Authoring Judge:
Trial Court Judge: Thomas Goodall
Sumner County Supreme Court 07/15/96
01S01-9501-FD-00011
Authoring Judge:
Trial Court Judge:
Supreme Court 07/15/96
State of Tennessee ex. rel, John Jay Hooker, v. Brook Thompson, et. al., et al., State of Tennessee ex. rel., Lewis Laska v. Brook Thompson
01A01-9606-CH-00259
Authoring Judge: Chief Justice William D. Fones
Trial Court Judge:

These cases are before the Court upon a Motion for Leave to File an Amicus Curiae Brief filed by Victor S. Johnson, III, District Attorney General for the Twentieth Judicial District, and Appellant John Jay Hooker's Supplemental Petition to Rehear. The Court having considered these matters, it is ORDERED: 1. The Motion for Leave to File an Amicus Curiae Brief is DENIED. 2. Appellant John Jay Hooker's Supplemental Petition to Rehear is DENIED.
 

Supreme Court 07/11/96
State of Tennessee, ex rel. John Jay Hooker v. Brooke Thompson. State of Tennessee, ex rel., Lewis Laska v. Brook Thompson, State of Tennessee, ex rel., Lewis Laska v. Brook Thompson
01A01-9606-CH-00259
Authoring Judge: Chief Justice William H. D. Fones
Trial Court Judge:

The matters currently pending before this Court are a Petition to Rehear filed by Appellant Hooker, Appellees' Motion for Clarification and Appellees' Motion to Supplement the Record filed by the Attorney General, Petition on behalf of Holly K. Lillard and Jerry L. Smith to Intervene for the Limited Purpose of Responding to Appellees' Motion for Clarification, Petition for Rehearing and Motion to Supplement the Record filed by appellant Laska, Appellees' Petition to Rehear filed by the Attorney General and Motion of Penny J. White to Intervene.

Davidson County Supreme Court 07/10/96
State of Tennessee, ex rel. John Jay Hooker v. Brook Thompson, et al. State of Tennessee , ex rel. Lewis Laska
01A01-9606-CH-00259
Authoring Judge: Chief Justice William H. D. Fones
Trial Court Judge:

At the oral argument in this matter on July 5, 1996, an amicus curiae brief was filed by John King, who purports to be the Tennessee Republican party's nominee for the Supreme Court vacancy at issue in these cases. Verbal permission was granted by the Court at the July 5 hearing for the filing of additional briefs no later than Monday, July 8, 1996. Yesterday, in accordance with the Court's deadline, Mr. King filed a supplemental amicus curiae brief in this matter, asserting that this Court had erred in denying him the equitable relief granted to Justice Penny White and Appellant Lewis Laska. Mr. King does not assert that it was inappropriate for this Court to fashion the equitable relief granted; he “. . . simply asserts that, under the circumstances he is also entitled to an equitable remedy in the form of an extension of the qualifying deadline for nominees of a party to the same extent extended for Justice White and Mr. Laska.” (Supplemental Amicus Curiae Brief of John K. King, page 5.) Because of the pressing nature of this matter, the Court made its ruling and entered an Order on July 5, 1996 within a few hours after oral argument, to be followed by an opinion. Although none of the parties had called T.C.A. § 17-1-301 to the Court's attention, in the course of researching the law and preparing to write its opinion over the weekend, the Court reviewed the provisions of T.C.A. § 17-1-301, which make it clear that the Supreme Court vacancy at issue in this case must be filled from the Eastern Grand Division of Tennessee. This effectively mooted the issue of Appellant Laska's residence in the Western Grand Division. On Monday, July 8, 1996, this Court issued its Order vacating its remand to the Chancellor for a ruling as to Mr. Laska's residence vel non in the Western District and denying Mr. Laska’s request for mandamus on grounds that he lacked standing to become a candidate.

Davidson County Supreme Court 07/09/96
State of Tennessee v. David Keene
02S01-9112-CR-00064
Authoring Judge: Per Curiam
Trial Court Judge:

On May 23, 1994, this Court affirmed petitioner's conviction for first-degree murder and remanded the cause for resentencing. Subsequently, the petitioner filed a timely petition pursuant to Rule 30, Tenn. R. App. P. for a rehearing.  We grant the petition to rehear and remand the cause to the trial court for the conduct of a sentencing hearing consonant with our holidng in State v. Richard Odom.

 


 

Shelby County Supreme Court 07/08/96