APPELLATE COURT OPINIONS

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.

The Trial Court and this Court have granted permission to the Hurst Construction Co., Inc., to appeal from an interlocutory order of the Trial Court overruling the motion of Hurst Construction Co., Inc., for summary judgment on grounds of the statute of limitations.

The plaintiff filed suit to establish present title to land in Fentress County that had previously belonged to her family. The Chancery Court dismissed her suit on the ground that she lost whatever interest she had in the land through foreclosure. After examining the record and the briefs of the parties, we find that the trial court did not err in dismissing the suit, and we affirm.

The petitioner, Tennessee Consumer Advocate, has petitioned this Court for review of administrative decisions of the Tennessee Public Services Commission pursuant to T.R.A.P. Rule 12. By order entered by this Court on October 3, 1996, the review is limited to an order entered by the Commission on May 3, 1996. However, the circumstances stated hereafter require reference to an order previously entered by the Tennessee Public Service Commission on May 12, 1995.

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).

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.