Issac Lydell Herron v. Elizabeth T. Rice et al., - Concurring
02A01-9706-CV-00117
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.
Authoring Judge: Judge Farmer
Originating Judge:Judge Joseph H. Walker |
Lauderdale County | Court of Appeals | 10/01/97 | |
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
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.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Chancellor Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 10/01/97 | |
James Slyman, v. National Knife Collectors Association
03A01-9703-CV-00094
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.
Authoring Judge: Presiding Judge Houston M. Goddard
Originating Judge:Judge Samuel H. Payne |
Hamilton County | Court of Appeals | 10/01/97 | |
Cherokee HIlls Utility District, v. Jeff Stanley, Individually and Jess Stanley, D/B/A Wahoo's
03A01-9704-CV-00128
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.
Authoring Judge: Presiding Judge Houston M. Goddard
Originating Judge:Judge John B. Hagler |
Polk County | Court of Appeals | 10/01/97 | |
John Wayne Slate, Sr.,. v. State of Tennessee Board of Paroles, et al.
01A01-9704-CH-00155
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.
Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Chancellor Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 10/01/97 | |
Ralph Moore Creswell v. Billie Creswell Duff
01A01-9702-CH-00059
This complaint was filed July 17, 1978, by a Conservator seeking an accounting from a Trustee - Executrix.
Authoring Judge: Senior Judge William H. Inman
Originating Judge:Chancellor Henry D. Bell |
Williamson County | Court of Appeals | 10/01/97 | |
George M. Bond v. Com-Ther, Inc.
01A01-9704-CV-00149
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.
Authoring Judge: Senior Judge William H. Inman
Originating Judge:Judge Don R. Ash |
Rutherford County | Court of Appeals | 10/01/97 | |
Bellsouth Telecommunications, Inc. D/B/A South Central Bell Telephone Co., v. Tennessee Regulatory Authority, et al.
01A01-9601-BC-00008
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.
Authoring Judge: Judge William C. Koch, Jr.
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Davidson County | Court of Appeals | 10/01/97 | |
Anthony Earle McCann and Cynthia McCann v. Peggy McCann Patterson Weathers
02A01-9704-CH-00092
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.
Authoring Judge: Judge David R. Farmer
Originating Judge:Chancellor J. Steven Stafford |
Dyer County | Court of Appeals | 10/01/97 | |
State vs. AAA Aaron's Action Agency
01C01-9608-CR-00348
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Davidson County | Court of Criminal Appeals | 09/30/97 | |
State vs. Michael A. Baskette
01C01-9604-CC-00167
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Franklin County | Court of Criminal Appeals | 09/30/97 | |
State vs. Robert Moore
01C01-9608-CC-00335
Originating Judge:Allen W. Wallace |
Court of Criminal Appeals | 09/30/97 | ||
Marvin Goodman vs. State
01C01-9607-CR-00286
Originating Judge:J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 09/30/97 | |
Arthur L. Armstrong vs. State
01C01-9608-CR-00331
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Davidson County | Court of Criminal Appeals | 09/30/97 | |
State vs. Thompson
03C01-9609-CR-00353
Originating Judge:E. Eugene Eblen |
Roane County | Court of Criminal Appeals | 09/30/97 | |
Lorenzo C. Waters vs. State
01C01-9609-CR-00402
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Davidson County | Court of Criminal Appeals | 09/30/97 | |
Tony Craig Woods vs. State
01C01-9606-CR-00238
Originating Judge:Thomas H. Shriver |
Davidson County | Court of Criminal Appeals | 09/30/97 | |
State vs. Justes
03C01-9610-CR-00368
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Morgan County | Court of Criminal Appeals | 09/30/97 | |
State vs. Richard McAdams
01C01-9604-CC-00134
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Rutherford County | Court of Criminal Appeals | 09/30/97 | |
State vs. Douglas Russell Deloit
01C01-9606-CR-00275
Originating Judge:Fred A. Kelly |
Davidson County | Court of Criminal Appeals | 09/30/97 | |
State vs. Martha Pennington
01C01-9607-CC-00323
Originating Judge:Leonard W. Martin |
Court of Criminal Appeals | 09/30/97 | ||
James H. Turner vs. State
01C01-9608-CC-00365
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Hickman County | Court of Criminal Appeals | 09/30/97 | |
Christopher v. Sockwell
03S01-9701-CH-00005
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. Both parties filed motions for summary judgment in this case wherein the deceased was found dead in his truck, having died, according to the Certificate of Death, of "natural causes," not otherwise defined. The appellants conceded that the cause of death of their decedent, Mr. Arons, was unknown, and it was essentially upon this basis that the claim for benefits was denied. The surviving dependents of Mr. Arons appeal and present for review the propriety of summary judgment "when a worker is found dead at his post with no proof of the cause of death." Mr. Arons was 44 years old when he died on November 19, 1993. The appellant is his second wife, to whom he was married in 1973. They had one child, Nichole, who was born in 198. Mr. Arons and his first wife had four children. The family was dysfunctional, with the father being completely estranged from these children for a variety of causes, apparently attributable to drug and alcohol abuse. His second marriage was not idyllic; he abused alcohol to the extent he required hospitalization and, on occasion, his wife sought an order of protection. He was an inveterate cigarette smoker -- forty to sixty per day for 15 years -- and his eating habits were unusual in that he ate only one meal--breakfast--each day, snacking on junk food thereafter. His daughter, Nichole, was injured in a serious traffic accident on October 1, 1993 and his request for time-off from work was granted. He returned to work on November 3, 1993 and was found dead in his truck on November 19, 1993. After he returned to work, the decedent performed his duties without incident. He was not required to load, unload, supervise or do anything except drive. He had not engaged in any strenuous activity and had no altercations. He had made no complaints about illness and had never been treated for cardiovascular disease. 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. Sharon J. Bell |
Knox County | Workers Compensation Panel | 09/30/97 | |
01C01-9607-CR-00307
01C01-9607-CR-00307
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White County | Court of Criminal Appeals | 09/30/97 | |
State vs. Breeden
03C01-9606-CR-00217
Originating Judge:Ray L. Jenkins |
Knox County | Court of Criminal Appeals | 09/30/97 |