Tennessee Administrative Office of the Courts

Appellate Court Opinions

Format: 12/25/2014
Format: 12/25/2014
Jerold Seybert v. Ikg Industries, Inc. and Cigna Insurance
01S01-9604-CH-00078
Davidson County Workers Compensation Panel 03/12/97
02C01-9604-CC-00132
Henry County Court of Criminal Appeals 03/11/97
02a01-9605-CH-00101
Shelby County Court of Appeals 03/11/97
02A01-9606-CH-00144
Obion County Court of Appeals 03/11/97
02C01-9603-CR-00109
Shelby County Court of Criminal Appeals 03/11/97
02C01-9605-CC-00144
Madison County Court of Criminal Appeals 03/11/97
In Part Upon State v. Roger Dale Hill, No. 01C01-9508-Cc-00267 (Tenn. Crim. App.
02C01-9702-CC-00058
Lake County Court of Criminal Appeals 03/11/97
Relying In Part Upon State v. Roger Dale Hill, No. 01C01-9508-Cc-00267 (Tenn. Crim.
02C01-9702-CC-00072
Lauderdale County Court of Criminal Appeals 03/11/97
03C01-9511-CR-00353
Hamilton County Court of Criminal Appeals 03/11/97
03C01-9512-CC-00382
Sullivan County Court of Criminal Appeals 03/11/97
03C01-9512-CC-00415
Loudon County Court of Criminal Appeals 03/11/97
03C01-9602-CR-00061
Knox County Court of Criminal Appeals 03/11/97
03C01-9602-CR-00083
Hamilton County Court of Criminal Appeals 03/11/97
03C01-9603-CC-00087
Sullivan County Court of Criminal Appeals 03/11/97
03S01-9603-CC-00023
Supreme Court 03/10/97
03S01-9603-CV-00032
Supreme Court 03/10/97
03A01-9609-CV-00289
Knox County Court of Appeals 03/10/97
Terry Jamar Norris v. Tony Parker, Warden
W2007-00594-CCA-R3-HC
Lauderdale County Court of Criminal Appeals 03/10/97
Lue Ann Smith, v. Winchester City Council, et. al.
01A01-9609-CV-00419

This is an appeal by petitioner/appellant, Lue Ann Smith, from an order of the Franklin County Circuit Court quashing her writ of certiorari. The writ suspended the decisions of respondent/appellee, the Winchester City Council (“the Council”), allowing intervening petitioner, Karl Smith, permission and denying Appellant permission to sell fire works within the City of Winchester. The facts out of which this matter arose are as follows.

Franklin County Court of Appeals 03/08/97
Robert A. Hewgley, Deane Pritchett, and H. Mel Weaver, v. Jose A. Vivo and wife Peggy M. Vivo
01A01-9506-CH-00266

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
Frank McNeil, MD. and Janet McNeil, M.D. v. TN. Board of Medical Examiners - Concurring
01A01-9608-CH-00383

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
Ila Stephens Bertram v. Charles R. Gernt, Estate of Bruno Gernt, Inc. Champion International Corporation, Hood Coal Company, et. al .
01A01-9609-CH-00435

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
Randall Myers v. Hurst Construction Company, Inc.
01A01-9609-CV-00397

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
Anthony Lee Eden, v. CherylAnn Eden
01A01-9609-CV-00427

The Court, with the concurrence of all judges participating in the case, may affirm, reverse or modify the actions of the trial court by memorandum opinion when a formal opinion would have no precedential value. When a case is decided by memorandum opinion, it shall be designated "MEMORANDUM OPINION," shall not be published, and shall not be cited or relied on for any reason in a subsequent unrelated case.
 

Davidson County Court of Appeals 03/05/97
Tennessee Consumer Advocate, v. Tennessee Regulatory Authority and United Cities Gas Company
01A01-9606-BC-00286

The petitioner, Tennessee Consumer Advocate, has petitioned this Court for review of administrative decisions of the Tennessee Public Services Commission pursuant to T.R.A.P. Rule 12. By order entered by this Court on October 3, 1996, the review is limited to an order entered by the Commission on May 3, 1996. However, the circumstances stated hereafter require reference to an order previously entered by the Tennessee Public Service Commission on May 12, 1995.

Davidson County Court of Appeals 03/05/97