03C01-9509-CC-00265
03C01-9509-CC-00265
Trial Court Judge: D. Kelly Thomas, Jr.

Blount Court of Criminal Appeals

03C01-9602-CR-00072
03C01-9602-CR-00072
Trial Court Judge: Douglas A. Meyer

Hamilton Court of Criminal Appeals

03C01-9511-CC-00372
03C01-9511-CC-00372
Trial Court Judge: W. Lee Asbury

Campbell Court of Criminal Appeals

Michael Morat, Individually, and Morat's Insurance Agency, Inc., a Tennessee Corporation, v. State Farm Mutual Automobile Insurance Company
02A01-9412-CV-00270
Authoring Judge: Judge Herschel Pickens Franks
Trial Court Judge: Judge Wyeth Chandler

In this action for malicious prosecution, the Trial Judge granted the defendant summary judgment, and plaintiffs have appealed.

Shelby Court of Appeals

Clyde Tull v. Paul Wilson
02A01-9601-CH-00020
Authoring Judge: Judge Herschel Pickens Franks
Trial Court Judge: Judge Joe C. Morris

In this action the plaintiff sought extraordinary relief to prevent defendant from nterfering with plaintiff's use of a roadway, and for damages for past interference.

Court of Appeals

03A01-9608-PB-00254
03A01-9608-PB-00254

Court of Appeals

01S01-9603-CV-00049
01S01-9603-CV-00049

Supreme Court

Torrence Johnson v. Stephen Dotson, W
W2006-01344-CCA-R3-HC
Authoring Judge: Judge J. C. McLin
Trial Court Judge: Joseph H. Walker, III

Hardeman Court of Criminal Appeals

03C01-9508-CC-00251
03C01-9508-CC-00251

Sullivan Court of Criminal Appeals

Eastera Bell Porter, Individually and as Surviving Spouse and Next Friend of Jasper D. Porter, Deceased, v. Jess McGee, M.D. and Methodis Hospitals of Memphis, Inc., and Mahfuzur Rahman, M.D.
02A01-9509-CV-00204
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Robert A. Lanier

The sole issue in this appeal is whether the trial court abused its discretion in denying the motion filed by Appellant, Eastera Bell Porter, individually and as surviving spouse and next friend of Jasper D. Porter, deceased, under Rule 60 T.R.C.P., to set aside the summary judgments entered in favor of the appellees, Jesse McGee, M.D. and Methodist Hospitals of Memphis (Methodist). After review of the record, we find an absence of abuse by the trial court in this regard and affirm. We set forth our reasons below.

Shelby Court of Appeals

Charles G. Key v. Edwin B. Raskin Company
01A01-9605-CH-00219
Authoring Judge: Judge Samuel L. Lewis

The appellant has filed a Petition to Rehear which we have considered and decline to grant. It is, therefore, ordered that the Petition to Rehear is overruled at the cost of the appellant.

Davidson Court of Appeals

Joel Thomas Catlett, Jr., v. Marjean Ge'Nell Perryman Catlett
01A01-9605-CH-00244
Authoring Judge: Presiding Judge Ben H. Cantrell
Trial Court Judge: Judge Henry Denmark Bell

The trial court granted the parties a divorce, and ordered the husband to pay the wife alimony in futuro. The parties were also granted joint custody of the teenage children, with the husband to have primary physical custody. On appeal, the husband challenges the nature and amount of the alimony award, and the trial court’s failure to order the wife to pay child support. We remand this case to enable the trialcourt to make the findings of fact in regard to child support that are required by Tenn. Code Ann. § 36-5-101(e)(1). In all other respects we affirm the trial court.

Williamson Court of Appeals

James T. Morris, v. The Board of Education of the Metropolitan Nashville Public Schools
01A01-9605-CH-00247
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Chancellor Robert S. Brandt

Defendant/appellant, the Board of Education of the Metropolitan Nashville Public Schools ("Board"), appeals from the judgment of the Chancery Court for Davidson County which held that
the Board could not use an Administrative Law Judge ("ALJ") to conduct a hearing on whether to dismiss plaintiff/appellee, James Morris, a non-tenured teacher in the Metro school system. The facts out of which this case arose are as follows.

Davidson Court of Appeals

David L. Adams, v. Nancy W. Adams
01A01-9606-CH-00281
Authoring Judge: Judge Samuel L. Lewis
Trial Court Judge: Chancellor James L. Weatherford

This is an appeal by defendant/appellant, Nancy W. Adams (“Wife”), from a judgment of the chancery court granting Wife and plaintiff/appellee, David L. Adams (“Husband”), a divorce. Wife claims that the trial court erred in calculating the amount of child support and the amount of rehabilitative alimony and attorney's fees awarded to Wife.

Maury Court of Appeals

Matthew Seffernick v. Saint Thomas Hospital and Barry E. Yarbrough, M.D.
01A01-9606-CV-00282
Authoring Judge: Presiding Judge Henry F. Todd

In accordance with the opinion of the Court filed herein, the petition to rehear filed by the appellees is denied at the cost of appellees..

Court of Appeals

George Michael Simmons, Individually and as Administrator of the Estate of Bess Mai Besson, et al., v. Billy Anglin, Steve Anglin, John Anglin, and Dottie McClearen, et al.
01A01-9607-CV-00292
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Cornelia A. Clark

The Circuit Court of Hickman County granted the owner of a trailer park summary judgment on claims for personal injuries and wrongful death based on a breach of the lease and an oral warranty. We affirm.

Hickman Court of Appeals

Joanne Sherrell, et vir., James Sherrell v. Food Lion, Inc.
01A01-9607-CV-00313
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge John W. Rollins

The only issue in this slip-and-fall case is whether there is any material
evidence to support the jury’s finding of no fault on the part of the plaintiff. We affirm
the judgment of the lower court.

Coffee Court of Appeals

Willie West, v. Tennessee Board of Paroles
01A01-9604-CH-00362
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

This appeal involves an inmate’s attempt to obtain judicial review of the parole board’s decision to deny him parole. The Chancery Court for Davidson County dismissed the inmate’s petition for common-law writ of certiorari because it was not filed within the time required by Tenn. Code Ann. § 27-9-102 (1980). The inmate asserts on this appeal that he filed his petition within the required time after he received notice of the board’s decision to deny him parole. We affirm the judgment because the inmate’s underlying request that the parole board review its decision was not timely filed.

Davidson Court of Appeals

James T. Morris, v. The Board of Education of the Metropolitan Nashville Public Schools - Dissenting
01A01-9605-CH-00247
Authoring Judge: Judge William C. Koch, Jr.

The Metropolitan Nashville Board of Education and the teachers union are attempting to use this case as a vehicle to resolve whether Tenn. Code Ann. § 7-7- 105 (Supp. 1996) permits the board to use administrative law judges in Tenn. Code Ann. § 49-5-512 (1996) hearings concerning the termination of tenured teachers. The court has decided to address this issue on its merits even though the teacher involved in this case is non-tenured and is not entitled to a hearing before the board. I cannot agree that we should decide this question at this time. It would be more appropriate to delay addressing the issue until we are presented with a concrete case or controversy. The doctrine of justiciability prompts the courts to stay their hand in cases that do not involve a genuine and existing controversy requiring the present adjudication of present rights. State ex rel. Lewis v. State, 208 Tenn. 534, 537, 347 S.W.2d 47, 48 (1961); Dockery v. Dockery, 559 S.W.2d 952, 954 (Tenn. Ct. App. 1977). In accordance with the doctrine, our courts routinely decline to render advisory opinions, Super Flea Market of Chattanooga v. Olsen, 677 S.W.2d 449, 451 (Tenn. 1984); Parks v. Alexander, 608 S.W.2d 881, 892 (Tenn. Ct. App. 1980), or to decide abstract legal questions. State ex rel. Lewis v. State, 208 Tenn. at 538, 347 S.W.2d at 48-49.

Court of Appeals

J. Clarice Knight and Carolyn K. Brantly, Administratrices ad litemfor the Estate of Alta M. Knight, Deceased, and Sherry Garland, v. Hospital Corporation of America, A/K/A Centennial Medical Center, et al.
01A01-9509-CV-00408
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Marietta M. Shipley

The medical malpractice and outrageous conduct claims involved in this appeal stem from the hospitalization of an elderly patient for total hip replacement surgery. The patient,1 her two sisters, and her caretaker sued the hospital and its nursing staff in the Circuit Court for Davidson County alleging that their lack of appropriate care caused the patient to enter a vegetative state and caused severe emotional stress to the patient’s sisters and caretaker. The trial court granted the hospital’s motion for summary judgment. We affirm the trial court.

Davidson Court of Appeals

J. Clarice Knight and Carolyn K. Brantly, et al. v. HCA A/K/A Centennial Medical Center A/K/A Westside Hospital and Jane/John Doe, Nurses
01A01-9509-CV-00408
Authoring Judge: Judge William C. Koch, Jr.

The medical malpractice and outrageous conduct claims involved in this appeal stem from the hospitalization of an elderly patient for total hip replacement surgery. The patient,1 her two sisters, and her caretaker sued the hospital and its nursing staff in the Circuit Court for Davidson County alleging that their lack of appropriate care caused the patient to enter a vegetative state and caused severe emotional stress to the patient’s sisters and caretaker. The trial court granted the   hospital’s motion for summary judgment. We affirm the trial court.

Davidson

Charles G. Miller, IV and wife, Brenda Miller, v. Dana R. Mabe and Shane Gant, A/K/A Shane Cooper, and The Glens Falls Insurance Company
01A01-9602CV-00056
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Judge John A. Turnbull

This case involves the interpretation of an insurance policy. After being struck by a vehicle driven by defendant Dana R. Mabe (“Mabe”), plaintiff Charles G. Miller (“Miller”) filed this personal injury lawsuit against Mabe and defendant The Glens Falls Insurance Company (“Glens Falls”). The trial court granted Glens Falls’ motion for summary judgment, holding that Miller was not covered by the uninsured motorist provision of the Glens Falls policy because he was not “occupying” the insured vehicle at the time he was injured. Miller appealed the trial court’s decision. We affirm.

White Court of Appeals

Mary Helen Pearson Johnson, v. Luther William Johnson
02A01-9605-JV-00123
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Ted Hunderup

Appellant, Luther William Johnson, appeals from the judgment of the trial court denying his motion to set aside a consent order of paternity and support. The minor child in question, Andreyous Luther, was born on January 23, 1991 to the Appellee, Mary Helen Pearson Johnson (Mother). For reasons herein articulated, we reverse the judgment of the trial court and remand.

Gibson Court of Appeals

In re: Estate of B. Ray Thompson, Sr., B. Ray Thompson, Jr., Individually and as Co-Trustee Under An Agreement with B. Ray Thompson Sr., v. Lindsay Young, Carl C. Ensor, Jr., and Merle D. Wolfe, et al.
03A01-9602-PB-00075
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Judge Hugh E. DeLozier, Jr.

We granted a Rule 9 appeal in this case to resolve an impasse between the Circuit Court for Blount County, Equity Division, and the Probate Court for Blount County -- whicy by Private Act is the General Sessions Court -- to determine which Court has jurisdiction to resolve the allegations of the complaint in this case.

Blount Court of Appeals

Connie Drennon v. Waldenbook, Inc.
01S01-9510-CV-00184
Authoring Judge: Senior Judge William S. Russell
Trial Court Judge: Hon. ROBERT E. CORLEW

Rutherford Workers Compensation Panel