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Terry Compton v. Tennessee Department of Correction and Nashville Community Service Center M1997-00066-COA-R3-CV Authoring Judge: Judge William C. Koch, Jr. Trial Court Judge: Judge Walter C. Kurtz This appeal involves a state prisoner’s efforts to obtain judicial review of a disciplinary action taken by the Nashville Community Service Center. After the Commissioner of Correction upheld the finding that he been drinking while on work release, the prisoner filed a petition for writ of certiorari in the Circuit Court for Davidson County. The trial court clerk refused to file the petition and required the prisoner to file a second petition because the pauper’s oath accompanying the first petition was not on the proper form and had not been notarized. Thereafter, the trial court granted the Department of Correction’s motion to dismiss the second petition because it was not timely filed. We have determined that the trial court clerk exceeded his authority when he declined to accept and file the prisoner’ petition and, therefore, that the trial court erred by dismissing the petition.	Davidson	Court of Appeals	12/03/99
Robert Bean, Franklin Shaffer, David Autrey, Mack Roberts, Kevin Antle, Tom NIchols, Tammie P. Beasley, and Roxanne Luce, v. Ned Ray McWherter, Governor, State of Tennessee et al. M1999-01493-COA-R3-CV Authoring Judge: Presiding Judge Ben H. Cantrell Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr. This is a constitutional challenge to an Act of the legislature regulating the possession and sale of animals. Owners, dealers, and licensed propagators of various wildlife species challenged the Act on grounds that it is vague, overbroad, and a burden on interstate commerce. The Chancery Court of Davidson County rejected the constitutional challenge. We affirm the decision on the vagueness and overbreadth charge. We think, however, that there are disputed facts bearing on the question of whether parts of the Act impermissibly burden interstate commerce. We, therefore, remand for further proceedings on that issue.	Davidson	Court of Appeals	12/03/99
Bellevue Properties, LLC., v. United Retail Incorporate, et al. M1999-01480-COA-R3-CV Authoring Judge: Judge William B. Cain Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr. This case concerns the burden placed on a commercial landlord in mitigating damages caused by a commercial tenant’s abandonment of the leased property. Although our courts heretofore have required a landlord who suffers breach to use reasonable commercial methods to reduce his damages, this tenant-in-breach would read two additional duties into those reasonable commercial methods. First, the tenant would require that the abandoned property be marketed specially and apart from the landlord’s other commercial space inventory. Second, the landlord would be required to market the property at the original contract rental rather than its going market value. Under the facts as established in the record and according to the common law of this jurisdiction, we disagree.	Davidson	Court of Appeals	12/03/99
Lori Ann Parr v. Miiddle Tennessee State University and Treyton Williams M1999-01442-COA-R3-CV Authoring Judge: Judge Alan E. Highers Trial Court Judge: Judge James L. Weatherford Lori Ann Parr, proceeding pro se, has appealed the trial court’s dismissal of this invasion of privacy, breach of confidentiality, and civil rights intimidation via malicious harassment1 action that was brought against Middle Tennessee State University (MTSU), Treyton Williams (Williams) and other unnamed individuals. Based upon the following, we affirm the trial court’s dismissal.	Rutherford	Court of Appeals	12/03/99
Estate of Effie S. Hooker, Deceased and Harold E. Matheny, Administrator, C.T.A. of the Estate of Effie S. Hooker, Deceased, v. Suntrust Bank of Nashville, Bank of Nashville, N.A. et al. M1999-01479-COA-R3-CV Authoring Judge: Judge William B. Cain Trial Court Judge: Chancellor Russell Heldman This case concerns a claim filed by SunTrust Bank, Nashville, N.A.(hereinafter SunTrust) against the estate of Effie S. Hooker, the second wife of famed Middle Tennessee lawyer John J. Hooker, Sr. Mr. Hooker died on Christmas Eve of 1970, leaving the majority of his estate to his widow. According to the prevailing probate practice of the day, a portion of Mr. Hooker’s estate was placed in a trust for the benefit of Mrs. Hooker during her life, the remainder to the children of Mr. Hooker’s first marriage.	Williamson	Court of Appeals	12/03/99
Steven R. Linn, Susan D. Linn, David L. Linn, Wilma R. Linn, v. Vera E. Elrod, and Olin D. Elrod, v. Anna Lee Leinart Gross, Trustee of the Anne Lee Leinart Gross Trust 03A01-9903-CH-00080 Authoring Judge: Presiding Judge Houston M. Goddard Trial Court Judge: Chancellor Billy Joe White The suit presently on appeal originated by Steven R. Linn and his son, David L. Linn, and their wives filing suit against Vera E. Elrod and Olin D. Elrod, seeking a mandatory injunction requiring removal of a fence erected upon property the Linns claim to be owned by them. Upon the filing of an answer and the counter-complaint by the Elrods and the adding of a third-party, Anna Lee Leinart Gross, as a Defendant, it resolved itself into a property line dispute.	Campbell	Court of Appeals	12/01/99
Johnson vs. Hunter M1998-00314-COA-R3-CV Trial Court Judge: Thomas W. Brothers	Davidson	Court of Appeals	11/30/99
Dennis vs. Miceli M1997-00056-COA-R3-CV Trial Court Judge: Charles D. Haston, Sr.	Van Buren	Court of Appeals	11/30/99
Kelly vs. TN Civil Svc. Comm. M1999-00168-COA-R3-CV Trial Court Judge: Carol L. Mccoy	Davidson	Court of Appeals	11/30/99
M1999-00138-COA-R3-CV M1999-00138-COA-R3-CV Trial Court Judge: Clovis G. Parnell	Perry	Court of Appeals	11/30/99
Maberry vs. Maberry M1999-01322-COA-R3-CV Trial Court Judge: C. K. Smith	Jackson	Court of Appeals	11/30/99
Tomlin vs. Collegiate Technologies, et al M1999-01329-COA-R3-CV Trial Court Judge: Irvin H. Kilcrease, Jr.	Davidson	Court of Appeals	11/30/99
Truss vs. TN Dept. of Human Svcs. M1999-01317-COA-R3-CV Trial Court Judge: Irvin H. Kilcrease, Jr.	Davidson	Court of Appeals	11/30/99
Westvaco vs. TN Assessment Appeals Comm, et al M1999-01226-COA-R3-CV Trial Court Judge: Ellen Hobbs Lyle	Benton	Court of Appeals	11/30/99
Northcott vs. TDOC M1999-01223-COA-R3-CV	Davidson	Court of Appeals	11/30/99
03A01-9810-CH-00320 03A01-9810-CH-00320	Hamilton	Court of Appeals	11/30/99
03A01-9812-CH-00415 03A01-9812-CH-00415		Court of Appeals	11/30/99
03A01-9902-CH-00044 03A01-9902-CH-00044	Cocke	Court of Appeals	11/30/99
03A01-9902-CH-00041 03A01-9902-CH-00041	Hamilton	Court of Appeals	11/30/99
03A01-9901-CH-00070 03A01-9901-CH-00070		Court of Appeals	11/30/99
X2010-0000-XX-X00-XX X2010-0000-XX-X00-XX		Court of Appeals	11/30/99
03A01-9903-CV-00112 03A01-9903-CV-00112	Blount	Court of Appeals	11/29/99
03A01-9901-CH-00025 03A01-9901-CH-00025	Scott	Court of Appeals	11/29/99
03A01-9901-CH-00019 03A01-9901-CH-00019		Court of Appeals	11/29/99
03A01-9903-CV-00112 03A01-9903-CV-00112	Blount	Court of Appeals	11/29/99