Tennessee Administrative Office of the Courts

Appellate Court Opinions

Format: 02/01/2015
Format: 02/01/2015
John T. Meador and wife, Pelea E. Meador, v. Charles E. Johnson and James O. Campbell v. Millard P. Oakley
03A01-9510-CH-00362

This case originated i the trial court as a boundary line dispute. Before we examine the merits of the issues raised on appeal, however, it is necessary for us to address a preliminary issue, i.e., was a notice of appeal timely filed. If a notice of appeal was not timely filed, we have no jurisdiction to entertain this appeal. See Rule 4, Tennessee Rule s of Appellate Procedur e .

Court of Appeals 02/03/97
Harry Gray Smith, v. City of Knoxville, Code Enforcement
03A01-9609-CH-0287

This is an action for damages for personal injury and the negligent, mailicious, and wrongful destruction of real and personal property of the plaintiff, Harry Gray Smith. Plaintiff filed suit in the Chancery Court for Knox County alleging that the defendant destroyed three pieces of his property, located at 1417 Magnolia Avenue, 1421 Magnoli Avenue, and 400 Winona Street North, without preper notice. Plaintiff claimed that, not withstanding a "No Trepassing" sign he had erected on the premises, employees of the City destroyed the structure without service of any final condemnation or demlition notice. He further asserts that the defendant refused to allow him to remove medical equipment from one of the structures in which he was living. He further alleged that as a result of the demolition and verbal threats of bodily harm which he claims were made by agents of the defendant, laintiff suffered a heart attack necessitating hospitilization.

Court of Appeals 02/03/97
John P. Squibb, Martha Jo Squibb and James H. Widener v. Ted C. Smith and Rose E. Smith - Concurring
03A01-9609-CH-00291

This action was instituted by the plaintiffs to recover a prorata share of monies they were required to pay on a guaranty agreement where in the defendants were co-guarantors. The trial court found that  there were three co-guarantors, Mr. Squibb, James H. Widener and Ted C. Smith (defendant).  He apportioned liabilit y equally among the three.  The court found that the purported signature of Ms. Smith on the guaranty agreement was not her signature.  The case was dismissed as to the defendant, Rose E. Smith.  No appeal was taken from the action of the court dismissing the case as to Ms. Smith.  Judgment was entered in favor of the plaintiffs, John P. Squibb and wife Martha Jo Squibb, in the amount of $45, 402.04 plus prejudgment interest at the rate of 10% per annum from April 10, 1991 to April 9, 1996, in the amount of $22, 701.02 for a total judgment of $68, 103.06.  A like judgment was entered in favor of the plaintiff, Widener.  From these judgments, the defendant appeals.  We affirm the judgment of the trial court.

Washington County Court of Appeals 02/03/97
Participated In The Case of Jones v. Greene, App. No. 01A01-9505-Ch-00187 (Tenn.
01A01-9505-CH-00194
Court of Appeals 01/31/97
01A01-9606-CH-00275
Davidson County Court of Appeals 01/31/97
01A01-9609-CH-00433
Fentress County Court of Appeals 01/31/97
01A01-9609-CV-00390
Davidson County Court of Appeals 01/31/97
01A01-9505-CH-00194
Davidson County Court of Appeals 01/31/97
01A01-9607-CV-00322
Rutherford County Court of Appeals 01/31/97
01C01-9511-CC-00373
Warren County Court of Criminal Appeals 01/31/97
01C01-9601-CC-00001
Rutherford County Court of Criminal Appeals 01/31/97
01C01-9601-CC-00040
Warren County Court of Criminal Appeals 01/31/97
01C01-9601-CC-00044
Franklin County Court of Criminal Appeals 01/31/97
01C01-9602-CC-00064
Franklin County Court of Criminal Appeals 01/31/97
01C01-9602-CC-00067
Bedford County Court of Criminal Appeals 01/31/97
01C01-9602-CC-00078
Marshall County Court of Criminal Appeals 01/31/97
01C01-9603-CC-00104
Rutherford County Court of Criminal Appeals 01/31/97
01C01-9708-CC-00372
Coffee County Court of Criminal Appeals 01/31/97
Eastera Bell Porter, Individually and as Surviving Spouse and Next Friend of Jasper D. Porter, Deceased, v. Jesse McGee, M.D., and Methodist Hopsitals of Memphis, Inc. and Mahfuzur Rahman, M.D.
02A01-9509-CV-00204

The sole issue in this appeal is whether the trial court abused its discretion in denying the motion filed by Appellant, Eastera Bell Porter, individually and as surviving spouse and next friend of Jasper D. Porter, deceased, under Rule 60 T.R.C.P., to set aside the summary judgments entered in favor of the appellees, Jesse McGee, M.D. and Methodist Hospitals of Memphis (Methodist). After review of the record, we find an absence of abuse by the trial court in this regard and affirm. We set forth our reasons below.

Shelby County Court of Appeals 01/31/97
02A01-9601-CV-00009
Court of Appeals 01/31/97
02A01-9601-CV-00009
Court of Appeals 01/31/97
Sam Posey, Danny Todd, Billy Chitwood, and Jimmy Porter, v. City of Memphis Tennessee, et al.
02A01-9603-CH-00058

The appellants to this action are either current or retired firemen for the Division of Fire Services of Memphis, Tennessee (Division).1 They appeal from a judgment of the trial court in favor of Appellees, City of Memphis, Tennessee (City), the Division, Dr. W. W. Herenton, Mayor, Westelle Florez, Director of the Division of Personnel, and Charles Smith, Director of the Division, on their action seeking declaratory and injunctive relief regarding the appellees’ method of computing pension benefits for those firefighters employed by the City for 30 or more years. After review of the record, we vacate the judgment of the trial court and remand this cause for further proceedings consistent with this opinion. We set forth our reasons below.

Shelby County Court of Appeals 01/31/97
Howard A. Woods, v. M.T.C. Management and Solomon Management
02A01-9607-CH-00155

The issue before this Court is whether the trial court erred in dismissing Plaintiff’s suit for lack of jurisdiction. Plaintiff sued the defendants alleging he was wrongfully evicted from property located at 3211 Ashwood, Memphis, Tennessee. He further alleged that the defendants were in further violation of the Uniform Residential Landlord and Tenant Act set forth at T.C.A. § 66-28-101 et seq. as follows: § 66-28-501 (noncompliance with rental agreement by landlord); § 66- 28-502 (failure to supply essential services) and § 66-28-504 (unlawful ouster, exclusion, or diminution of service).

Shelby County Court of Appeals 01/31/97
03A01-9607-CV-00218
Court of Appeals 01/31/97
03A01-9607-CV-00241
Sevier County Court of Appeals 01/31/97