COURT OF APPEALS OPINIONS

Issac Lydell Herron v. Elizabeth T. Rice et al., - Concurring
02A01-9706-CV-00117
Authoring Judge: Judge Farmer
Trial Court Judge: Judge Joseph H. Walker

Issac Lydell Herron appeals from the trial court’s order dismissing his petition for a writ of mandamus.  The complaint alleges that Mr. Herron is the president and incorporator of the Church of God at Cold Creek, Inc., a Tennessee corporation.  Jimmy Harrison is the warden of Cold Creek  Correctional Facility (CCCF) and Elizabeth T. Rice is the District Attorney General of the 25th Judicial District.  Although not specifically stated in the complaint, it is apparent from the exhibits to the complaint that Mr. Herron is incarcerated at CCCF.

Lauderdale Court of Appeals

Anthony Earle McCann and Cynthia McCann v. Peggy McCann Patterson Weathers
02A01-9704-CH-00092
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor J. Steven Stafford

Peggy McCann Patterson Weathers appeals the trial court’s order which granted the petition of Appellees Anthony Earl McCann and Cynthia McCann to adopt the two minor children of Weathers’ daughter, Virginia Darlene McCann Wills. We affirm the court’s final order of adoption.
 

Dyer Court of Appeals

George M. Bond v. Com-Ther, Inc.
01A01-9704-CV-00149
Authoring Judge: Senior Judge William H. Inman
Trial Court Judge: Judge Don R. Ash

The plaintiff and the defendant entered into a “Contract Services Agreement” in 1994 which provided, as pertinent to this case, that either party might terminate it at any time by giving 30 days notice to the other. On May 19, 1995, the defendant informed the plaintiff by letter that “ . . . we are discontinuing our relationship with you for Physical Therapy services, effective May 19, 1995. Normal procedure warrants a 30 day notice, however, in light of numerous complaints regarding your services, we feel it is necessary to cease services immediately.” This suit was filed in the General Sessions Court to recover compensation for 30 days. The plaintiff insists that because he was entitled to 30 days notice of termination of the contract, he is entitled to recover compensation during this period in accordance with his earnings history.

Rutherford Court of Appeals

Ralph Moore Creswell v. Billie Creswell Duff
01A01-9702-CH-00059
Authoring Judge: Senior Judge William H. Inman
Trial Court Judge: Chancellor Henry D. Bell

This complaint was filed July 17, 1978, by a Conservator seeking an accounting from a Trustee - Executrix.
 

Williamson Court of Appeals

Lions Head Homeowners' Association, et. al. v. Metropolitan Board of Zoning Appeals, Metropolitan Government of Nashville, Davidson County, TN and the Martin Companies, Inc.
01A01-9611-CH-00505
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

This appeal stems from a decision of the Metropolitan Board of Zoning Appeals to grant a conditional use permit for a medical office building and parking garage adjacent to St. Thomas Hospital. The homeowners’ association of a neighboring condominium development and other parties who opposed the project filed a petition for a writ of certiorari in the Chancery Court for Davidson County. The trial court heard the case without a jury and upheld the Board’s decision to grant the conditional use permit. On this appeal, the project’s opponents take issue with the procedures followed by the Board in granting the conditional use permit and also assert that the project does not comply with the Zoning Ordinances for the Metropolitan Government of Nashville and Davidson County. We affirm.

Davidson Court of Appeals

John Wayne Slate, Sr.,. v. State of Tennessee Board of Paroles, et al.
01A01-9704-CH-00155
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

The captioned plaintiff, a prisoner in custody of the Department of Correction awaiting execution has appealed from a decision of the Board of Paroles denying his request for parole. His death sentence has been stayed by a federal court which ordered a retrial of the issue of punishment. This retrial has not yet taken place.

Davidson Court of Appeals

Bellsouth Telecommunications, Inc. D/B/A South Central Bell Telephone Co., v. Tennessee Regulatory Authority, et al.
01A01-9601-BC-00008
Authoring Judge: Judge William C. Koch, Jr.

This consolidated appeal of three separate proceedings involves the efforts of BellSouth Telecommunications, Inc. to take advantage of the 1995 legislation easing the traditional regulatory burdens on telecommunications service providers. After making significant adjustments in BellSouth’s reported operating results, the Tennessee Public Service Commission determined that BellSouth’s current earned rate of return exceeded its authorized rate of return and that BellSouth was receiving $56.285 million in excess revenues. The Commission directed BellSouth to reduce its rates by $56.285 million and set the initial rates in the company’s price regulation plan accordingly. On this appeal, BellSouth and another intervening party take issue with the procedures employed by the Commission to consider and act upon BellSouth’s application for a price regulation plan. We have determined that these proceedings were not preempted by the federal Telecommunications Act of 1996. We have also determined that the General Assembly did not give the Commission authority to adjust BellSouth’s reported operating results and that the Commission should have convened a contested case hearing when BellSouth took issue with the Commission’s decision to adjust its reported operating results. Accordingly, we vacate the Commission’s January 23, 1996 order and all earlier related orders.

Davidson Court of Appeals

Cherokee HIlls Utility District, v. Jeff Stanley, Individually and Jess Stanley, D/B/A Wahoo's
03A01-9704-CV-00128
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Judge John B. Hagler

Jeff Stanley, Individually, and D/B/A Wahoo's, appeals a judgment of the Circuit Court for Polk County which mandatorily enjoined him to remove a cabin he ws constructing and a concrete pad from an easement for a waterline which the Trial Judge found was owned by Cherokee HIlls Utility District and was an encumbrance on property conveyed to Mr. Stanley.

Polk Court of Appeals

Mark Edward Kinsler, v. Carl Baker, et ux., Edith Baker
03A01-9703-CH-00080
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Chancellor Thomas R. Frierson, II

In this suit, the Plaintiff seeks a determination that he owns a right-of-way from his property located in the Fourth District of Hancock Counter over the adjoining property of the Defendants.
 

Hancock Court of Appeals

James Slyman, v. National Knife Collectors Association
03A01-9703-CV-00094
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Judge Samuel H. Payne

In this jury case, National Knife Collectors Association appeals a $5000 judgment rendered against it in favor of James Slyman, raising the following two issues on appeal, neither of which questions the amount of the award.

Hamilton Court of Appeals

Bunch vs. Cooper
03A01-9705-CV-00154

Knox Court of Appeals

Givler vs. Givler
03A01-9702-CV-00061

Blount Court of Appeals

X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX

Sullivan Court of Appeals

X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX

Anderson Court of Appeals

Tennessee Farmers Mutual Ins. vs. Thomas Tipton
02A01-9702-CV-00037
Trial Court Judge: Joseph H. Walker

Court of Appeals

Charley Clunan Co. Inc. vs. Joyce Martin
02A01-9704-CH-00087
Trial Court Judge: C. Neal Small

Shelby Court of Appeals

State DHS vs. Russell
03A01-9701-CV-00002

Hawkins Court of Appeals

Shipley vs. Shipley
03A01-9611-JV-00369

Greene Court of Appeals

Kimberly Hyden vs. John Hyden
02A01-9611-CH-00273
Trial Court Judge: John Walton West

Decatur Court of Appeals

Billy Johnson, et al vs. State of TN
02A01-9609-BC-00224

Court of Appeals

02A01-9608-CH-00176
02A01-9608-CH-00176
Trial Court Judge: Floyd Peete, Jr.

Shelby Court of Appeals

Popular Homes Inc., Canada Trace, Inc., Tom Long and Kathy Long,et al., v. Clayborn Ball Temple Church A.M.E. and Reverend E. Albert Brown
02A01-9702-CV-00044
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge D'Army Bailey

Plaintiffs’ complaint against defendants, Clayborn Ball Temple AME Church and Reverend E. Albert Brown, Jr., is titled “Complaint for Breach of Contract for Sale of Real and Personal Property.” The complaint alleges that defendant Brown acting as the agent and with authority from defendant church entered into a contract with plaintiff providing for conveyance of real property and certain personal property to the church. Prior to the consummation of the transaction, Reverend Brown, for the church, assumed the duties of managing the property and collecting rent, but failed to abide by the contract and pay the mortgage indebtedness and taxes due on the properties. The contract was breached by default in the payment of the mortgage obligations and taxes and further that payment was not made for the property as required by the contract. The complaint avers that as a result of the defendants’ actions, the property was foreclosed, and plaintiffs were liable for deficiencies and other expenses that should have been paid by defendants.

Shelby Court of Appeals

Doris Bridges vs. Margaret Culpepper, et al
02A01-9704-CH-00074
Trial Court Judge: C. Neal Small

Shelby Court of Appeals

The Judds, Indvidually, etc., et. al. vs. Pritchard
01A01-9701-CV-00030
Trial Court Judge: Marietta M. Shipley

Davidson Court of Appeals

Forlines vs. Forlines
01A01-9703-GS-00121
Trial Court Judge: Barry R. Brown

Sumner Court of Appeals