Exchequer 1982-1 Oil and Gas Drilling Partnership, et al., v. Charles R. Miller, Jr., Citizens Bank of Tennessee and William A. Thorne
01A01-9502-CH-00072
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor Vernon Neal

This case comes before us as an interlocutory appeal pursuant to T.R.A.P. 9. The 1This suit was originally filed by a total of fifteen limited partnerships. The claims of the five Keystone Partnerships; to wit: Keystone 1983-1 Oil and Gas Drilling Partnership; Keystone 1983-2 Oil an Gas Drilling Partnership; Keystone 1984-1 Oil and Gas Drilling Partnership; Keystone 1984-2 Oil and Gas Drilling Partnership; and Midco 1983-1 Oil and Gas Drilling Partnership, are not at issue in this appeal. 2 Appellant, Citizens Bank of Tennessee (hereinafter "Citizens"), appeals the chancellor's denial of its Motion for Summary Judgment against the Plaintiffs below, a group of ten
limited partnerships; to wit: Exchequer Associates Oil and Gas Drilling Partnership 1982-1; Exchequer 1983-1 Oil and Gas Drilling Partnership; Exchequer 1983-2 Oil and Gas Drilling Partnerships; Exchequer Synergy 1983-1 Oil and Gas Drilling Partnership; First Energy 1983-1 Oil and Gas Drilling Partnership; First Energy 1984-1 Oil and Gas Drilling Partnership; Overlord 1983-1 Oil and Gas Drilling Partnership; Overlord II 1984-1 Oil and Gas Drilling Partnership; Overlord III 1984 Oil and Gas Drilling Partnership; and Overlord IV 1984 Oil and Gas Drilling Partnership (hereinafter "Partnerships").1

Putnam Court of Appeals

Indian Hills Club Homeowner's Assn., Inc., v. Clayton L. and Cindy Cooper - Concurring
01A01-9507-CH-00319
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge Charles Hill Beaty

Indian Hills ClubHomeowners' Association ("Plaintiff"), filed suit against Clayton and Cindy Cooper ("Defendants"), seeking an injunction prohibiting Defendants from building a driveway extension/parking pad and walkway onto their property. The trial court granted Plaintiff a permanent injunction, holding that the proposed construction would violate certain restrictions of record that prohibited any construction or improvements without approval from the Board of Directors of the Indian Hills  Homeowners' Association. Defendants have raised three issues for our consideration: (1) whether the Plaintiff's denial of Defendants' application and approval rested upon a lawful and legitimate basis; (2) whether the  Board's decision to deny the application was an arbitrary and capricious exercise of control; and (3) whether it would be unfair and inequitable to enforce the restrictive covenant. For the reasons stated herein, we reverse the decision of the trial court and order that the injunction be dissolved.

Sumner Court of Appeals

Davis vs. City of Clarksville
M1999-00084-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: James E. Walton
This is a negligence suit under the Tennessee Governmental Tort Liability Act. The plaintiff is a city police officer who was injured while rushing an armed robbery suspect. The plaintiff rushed the robbery suspect when he moved from a position of cover to a position closer to the suspect, after his supervisor motioned him to move forward. The plaintiff sued the city, alleging that his injuries were caused by his supervisor's negligence. The trial court found that the supervisor was negligent and awarded the plaintiff $45,000 in damages. The city appeals. We reverse, finding that the evidence does not support a finding that the supervisor was negligent.

Montgomery Court of Appeals

Harold Richardson v. Tennessee Board of Dentistry - Concurring
01S01-9502-CH-00027
Authoring Judge: Justice Penny J. White
Trial Court Judge: Chancellor C. Allen High

At issue in this appeal by the Board of Dentistry is the validity and constitutionality of a proposed civil penalty against Harold Richardson for practicing dentistry and operating a dental clinic without a license. Also  called into question is the authority of the Davidson County Chancery Court to resolve, on judicial review of an administrative order, constitutional issues that were not addressed in the administrative order. For the reasons that follow, we hold that the Chancery Court has jurisdiction to  consider constitutional issues not addressed in the administrative  proceeding. As a result, the Chancery Court's resolution of those issues in the first Chancery Court proceeding from which Richardson did not appeal, bars consideration of those issues. The judgment of the Court of Appeals is, therefore, reversed, and this matter is remanded to the Board of Dentistry for further proceedings.

Davidson Supreme Court

01S01-9502-CC-00028
01S01-9502-CC-00028
Trial Court Judge: John A. Turnbull

Supreme Court

02C01-9504-CC-00102
02C01-9504-CC-00102
Trial Court Judge: C. Creed Mcginley

Decatur Court of Criminal Appeals

02C01-9502-CR-00049
02C01-9502-CR-00049
Trial Court Judge: Arthur T. Bennett

Shelby Court of Criminal Appeals

02C01-9505-CR-00145
02C01-9505-CR-00145
Trial Court Judge: Arthur T. Bennett

Shelby Court of Criminal Appeals

02C01-9503-CC-00059
02C01-9503-CC-00059

Gibson Court of Criminal Appeals

02C01-9412-CC-00298
02C01-9412-CC-00298
Trial Court Judge: Julian P. Guinn

Henry Court of Criminal Appeals

Probable Cause Standard&Quot; Applied In State v. White, No. 03C01-9408-Cr-00277, Sullivan
02C01-9412-CC-00298

Henry Court of Criminal Appeals

02C01-9412-CR-00263
02C01-9412-CR-00263

Shelby Court of Criminal Appeals

Eligibility; (2) Finding a Violation of Bruton v. United States, 391 U.S. 123 (1968);
02C01-9503-CC-00059

Gibson Court of Criminal Appeals

02C01-9503-CR-00087
02C01-9503-CR-00087
Trial Court Judge: Arthur T. Bennett

Shelby Court of Criminal Appeals

02C01-9505-CC-00119
02C01-9505-CC-00119
Trial Court Judge: C. Creed Mcginley

Hardin Court of Criminal Appeals

02C01-9504-CC-00103
02C01-9504-CC-00103
Trial Court Judge: Julian P. Guinn

Henry Court of Criminal Appeals

02C01-9412-CR-00294
02C01-9412-CR-00294
Trial Court Judge: Arthur T. Bennett

Shelby Court of Criminal Appeals

02C01-9501-CC-00001
02C01-9501-CC-00001

Obion Court of Criminal Appeals

02C01-9505-CR-00120
02C01-9505-CR-00120

Shelby Court of Criminal Appeals

02C01-9411-CR-00254
02C01-9411-CR-00254
Trial Court Judge: W. Fred Axley

Shelby Court of Criminal Appeals

03S01-9412-CH-00121
03S01-9412-CH-00121
Trial Court Judge: Billy Joe White

Campbell Supreme Court

03S01-9502-CV-00012
03S01-9502-CV-00012
Trial Court Judge: Robert M. Summitt

Supreme Court

Kenneth O. Burnett & Vickie S. Burnett v. Frank E. Krisle & d/b/a Elite Electric - Concurring
01A01-9505-CV-00196
Authoring Judge: Judge Hewitt P. Tomlin
Trial Court Judge: Judge Paul R. White

Kenneth O. Burnett and Vickie S. Burnett ("plaintiffs") filed suit in the Davidson County Circuit Court against Frank E. Krisle, individually and d/b/a Elite Electric ("defendant") seeking damages resulting from a fire caused by defendant's negligence that destroyed plaintiffs' home. The jury awarded plaintiffs compensatory damages in the amount of $90,733.56, reduced by a finding that plaintiffs were ten percent (10%) at fault. Defendant's motion for a new trial was denied. On appeal defendant has presented three issues for our consideration: (1) whether there was any material evidence in the record to support the jury verdict; (2) whether the trial court erred in refusing to grant defendant a new trial or a remittitur; and (3) whether the trial court erred in refusing to allow defendant to present a witness for testifying after defendant had rested his case. We find no error and affirm.

Davidson Court of Appeals

02A01-9408-CV-00196
02A01-9408-CV-00196
Trial Court Judge: Wyeth Chandler

Shelby Court of Appeals

02A01-9406-CV-00130
02A01-9406-CV-00130
Trial Court Judge: George H. Brown

Shelby Court of Appeals