COURT OF APPEALS OPINIONS

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

03A01-9605-CV-00166
03A01-9605-CV-00166

02A01-9511-CV-00253
02A01-9511-CV-00253
Trial Court Judge: C. Creed Mcginley

02A01-9512-CH-00269
02A01-9512-CH-00269

02A01-9601-CV-00009
02A01-9601-CV-00009

02A01-9601-CV-00009
02A01-9601-CV-00009
Trial Court Judge: Kay S. Robilio

Terry vs. Niblack
01A01-9609-CV-00447
Trial Court Judge: Hamilton V. Gayden, Jr.

Garrett vs. McDougle
01A01-9609-CH-00443
Trial Court Judge: C. K. Smith

Thomas v. White
01A01-9609-CH-00442
Trial Court Judge: Robert S. Brandt

Jackson vs. Corrections Corp. of America
01A01-9606-CH-00276
Trial Court Judge: Irvin H. Kilcrease, Jr.

Jackson vs. Corrections Corp. of America
01A01-9606-CH-00276
Trial Court Judge: Irvin H. Kilcrease, Jr.

Young vs. Young
01A01-9609-CV-00415
Trial Court Judge: Muriel Robinson

Samson vs. Hartsville Hospital
01A01-9609-CH-00430
Trial Court Judge: C. K. Smith

Loria vs. Loria
01A01-9609-CH-00441
Trial Court Judge: Cornelia A. Clark

Livingston, et. al. vs. Upper Cumberland Human
01A01-9609-CV-00391
Trial Court Judge: John A. Turnbull

Frank Rudy Heirs Assoc. vs. Moore & Assoc .
01A01-9607-CH-00315
Trial Court Judge: Ellen Hobbs Lyle

02a01-9605-CH-00101
02a01-9605-CH-00101
Trial Court Judge: D. J. Alissandratos

02A01-9606-CH-00144
02A01-9606-CH-00144

03A01-9609-CV-00289
03A01-9609-CV-00289

Lue Ann Smith, v. Winchester City Council, et. al.
01A01-9609-CV-00419
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Judge J. Curtis Smith

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.

IN RE: Estate of Foster Hume, III; The University of the South v. Meredith Klank - Concurring
01A01-9609-PB-00432
Authoring Judge: Judge Henry F. Todd
Trial Court Judge: Judge Frank G. Clement, Jr.

The University of the South, residuary legatee under the will of Foster Hume, deceased, has appealed from the judgment of the Probate Court holding that a specific devise to Meredith Klank was not extinguished by ademption and therefore the subject of the specific devise did not become a part of the residuary estate.

William Depriest, Gates-Pate-McDaniel, Henry H Headden, Joel P. Morris, Maurice Pinson, Richard R. Standel, Jr., and W.O. Vaughan, Jr., v. 1717-19 West End Associates., et. al
01A01-9609-CH-00428
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

The captioned plaintiffs have appealed from the summary dismissal of their various claims by the trial court. The various claims and defenses on appeal arose from a failed investment scheme, and are illustrated by the following issues presented by the parties:

Richard E. Finch vs. Tennessee Farmers Mutual Insurance Co. - Concurring
01A01-9607-CV-00342
Authoring Judge: Judge Farmer
Trial Court Judge: Judge Lee Russell

This appeal addresses the issue of whether the “innocent co-insured doctrine,” first recognized by our supreme court in Spence v. Allstate Insurance Co., 883 S.W.2d 586 (Tenn. 1994), should be extended so as to permit the appellant, Richard E. Finch (Finch) to recover under an insurance policy, issued by the appellee, Tennessee Farmers Mutual Insurance Company (TFMIC), for loss to property held jointly with his co-insured spouse whose intentional acts caused the loss. The trial court  interpreting Tennessee case law to disallow such recovery primarily “on the basis of policy considerations,” entered a summary judgment for TFMIC.1 Finch challenges the correctness of that decision. For reasons to be set forth, we reverse and remand.

Frank McNeil, MD. and Janet McNeil, M.D., et. ux. v. Tennessee Board of Medical Examiners - Concurring
01A01-9608-CH-00383
Authoring Judge: Judge William C. Koch, Jr.

The orders handed down by the Tennessee Board of Medical Examiners on March 6, 1995 can stand only if the board’s conclusions are supported by substantial and material evidence. See Tenn. Code Ann. § 4-5-322(h)(5) (Supp. 1996). Cases of this sort require either admissions by the accused physician, Williams v. State Dep’t of Health & Env’t, 880 S.W.2d 955, 958 (Tenn. Ct. App. 1994), or expert proof concerning the standard of professional conduct alleged to have been violated. Williams v. Tennessee Bd. of Medical Examiners, App. No. 01A01-9402-CH-00060, 1994 WL 420910, at *6-8 (Tenn. Ct. App. Aug. 12, 1994) (No Tenn. R. App. P. 11 application filed).

Robert A. Hewgley, Deane Pritchett, and H. Mel Weaver, v. Jose A. Vivo and wife Peggy M. Vivo
01A01-9506-CH-00266
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: John W. Rollins

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.