Billy Frank Henley and Joe H. Marlow v. Dale Dotson and wife Elsie Dotson
This matter appears appropriate for consideration pursuant to Rule 10(b) of the Rules of the Court of Appeals of Tennessee.1 The plaintiffs in this case, Billy Frank Henley (“Henley”) and Joe H. Marlow (“Marlow”), own tracts of farm land in Coffee County, Tennessee. Henley acquired his land in 1992 from his brother, Clarence Henley, and his sister-in-law, Nona Mae Henley. Clarence and Nona Mae Henley had acquired the property from his parents in 1974. His parents had owned the property since 1957. Marlow acquired one tract of land at issue in 1973 and another tract of land at issue in 1975. The plaintiffs claim that a road separates their land from that of the defendants, Dale and Elsie Dotson (“Dotson”). |
Coffee | Court of Appeals | |
Diana Morris v. State of Tennessee
This action was filed October 15, 1992 before the Tennessee Claims Commission. The plaintiff sought two-fold relief: (1) benefits under the Workers’ Compensation Law, TENN. CODE ANN. § 50-6-101 et seq., and (2) damages for the tort of alleged retaliatory discharge for filing a claim for workers’ compensation benefits, as allegedly authorized by TENN. CODE ANN. § 9-8-301 et seq. The claims were bifurcated. |
Davidson | Court of Appeals | |
John Wayne Slate, Sr.,. v. State of Tennessee Board of Paroles, et al.
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.
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 | |
Ralph Moore Creswell v. Billie Creswell Duff
This complaint was filed July 17, 1978, by a Conservator seeking an accounting from a Trustee - Executrix. |
Williamson | Court of Appeals | |
George M. Bond v. Com-Ther, Inc.
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 | |
Lions Head Homeowners' Association, et. al. v. Metropolitan Board of Zoning Appeals, Metropolitan Government of Nashville, Davidson County, TN and the Martin Companies, Inc.
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 | |
Cherokee HIlls Utility District, v. Jeff Stanley, Individually and Jess Stanley, D/B/A Wahoo's
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
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
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 | |
Issac Lydell Herron v. Elizabeth T. Rice et al., - Concurring
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 | |
Lawrence Norton v. Brenda Norton
This litigation concerns dissolution of a marriage 24 years in duration. The appellant, Lawrence Edward Norton, Sr. (“Husband”), has appealed from the final decree of divorce, challenging the correctness of the trial court’s decision to award the appellee, Brenda Kay Norton (“Wife”), one-half of his railroad retirement benefits, rehabilitative alimony and attorney’s fees. For reasons expressed below, we affirm and remand. |
Shelby | Court of Appeals | |
Anthony Earle McCann and Cynthia McCann v. Peggy McCann Patterson Weathers
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 | |
X2010-0000-XX-X00-XX
|
Anderson | Court of Appeals | |
X2010-0000-XX-X00-XX
|
Sullivan | Court of Appeals | |
Givler vs. Givler
|
Blount | Court of Appeals | |
Bunch vs. Cooper
|
Knox | Court of Appeals | |
Shipley vs. Shipley
|
Greene | Court of Appeals | |
State DHS vs. Russell
|
Hawkins | Court of Appeals | |
Tennessee Farmers Mutual Ins. vs. Thomas Tipton
|
Court of Appeals | ||
Charley Clunan Co. Inc. vs. Joyce Martin
|
Shelby | Court of Appeals | |
Kimberly Hyden vs. John Hyden
|
Decatur | Court of Appeals | |
Cockrill vs. Judge James Everett, et. al.
|
Davidson | Court of Appeals | |
Forlines vs. Forlines
|
Sumner | Court of Appeals | |
The Judds, Indvidually, etc., et. al. vs. Pritchard
|
Davidson | Court of Appeals |
