APPELLATE COURT OPINIONS

In this unemployment compensation case, James Mitchell (“Mitchell”) filed a claim 2 for unemployment compensation with the Tennessee Department of Employment Security (“TDES”). TDES approved Mitchell’s claim, and Mitchell’s employer, NOMA Outdoor Products, Inc. (“NOMA”), appealed TDES’ claim approval. On appeal, the Appeals Tribunal ruled that Mitchell was not eligible for unemployment benefits pursuant to T.C.A. § 50-7-303(a)(2) due to work-connected misconduct and declared that the $1,190.00 in unemployment benefits that Mitchell had previously received was an overpayment. Mitchell thereafter requested that TDES waive his $1,190.00 overpayment pursuant to T.C.A. § 50-7-303(d)(2). The Appeals Tribunal denied Mitchell’s request for a waiver of the overpayment, and Mitchell appealed the decision of the Appeals Tribunal to the Board of Review. The Board of Review adopted the findings of fact and decision of the Appeals Tribunal and denied Mitchell’s request for a waiver of the overpayment. Mitchell thereafter filed a petition to rehear which was denied by the Board of Review. Pursuant to T.C.A. § 50-7-304(i), Mitchell filed a petition for certiorari in chancery court seeking judicial review of the Board’s decision. The chancery court dismissed Mitchell’s petition for certiorari and affirmed the decision of the Board of Review, denying Mitchell’s request for a waiver of the overpayment. Mitchell appeals from the order of the chancery court arguing that the chancery court erred in admitting additional evidence and erred in not vacating or setting aside the decision of the Board of Review. For the reasons stated hereafter, we affirm the judgment of the chancery court.
 

This is a child custody case. The trial court awarded Appellant William Thomas Winchester (“Husband”) and Appellee Glenda Rachelle Winchester (“Wife”) joint custody of the minor child of the marriage, which both parties appeal. We vacate the trial court’s award of joint custody and remand the case to the trial court to conduct further findings of fact concerning each party’s comparative fitness and to award custody to either Husband or Wife.

The defendant/appellee has filed a respectful petition to rehear. It appears that a rehearing is appropriate, and same is hereby granted.

The captioned petitioner has appealed from the judgment of the Trial Court dismissing his petition for certiorari from the action of the Board of Paroles denying hisapplication for parole from the custody of the Department of Correction.

This is a “slip and fall case” in which the jury awarded $173,250, and the defendant appealed.

The captioned petitioner, an inmate of an institution operated by a private contractor for the Tennessee Department of Correction, has appealed from the summary dismissal of his petition for certiorari for review of disciplinary actions of the defendants.

The Juvenile Court of Davidson County terminated Barbara Gatlin’s parental rights respecting her ten year old daughter, Felicia. Because we find that the record does not contain clear and convincing evidence of abandonment, we reverse.

This is an adoption case. Petitioners, Amanda Croslin and Phyllis Croslin Baker, the adoptive child’s mother and maternal grandmother respectively, filed a petition to set aside the adoption of the child, Danna Elisabeth Croslin, by the maternal grandfather, Danny Keith Croslin, and his wife, Betty Jean Croslin. Also named as a defendant in the petition is Stanley Gardner Haskins, the adoptive child’s natural father. From the order of the trial court nullifying and setting aside the adoption, Danny Keith Croslin has appealed. Mr. Haskins did not file any pleading in the trial court and is not a party to this appeal.

Appellee, Dr. Mark Giese, is one of several defendants involved in a medical malpractice suit arising out of the alleged wrongful death of Nathan Jackson Toler, Jr. The trial court entered an interlocutory order granting summary judgment to Dr. Giese based upon the plaintiffs' failure to properly secure service of process on him. Pursuant to Tenn. R. App. P. 9, Plaintiffs have appealed. We have determined that the trial court was correct and therefore affirm the grant of summary judgment.

The issues on appeal in this divorce case include the restrictions put on the father’s visits with his minor daughter and the award of attorneys fees to the mother. We affirm the judgment of the trial court.

Mr. Fields says that Joe Torrence, the Circuit Court Clerk of Davidson County, charged him an excessive fee for a certified copy of a traffic citation, for which he attempted to seek redress in General Sessions Court of Knox County. He says that the Judge of the Knox County General Sessions Court and the Clerk thereof refused to allow him to file his warrant, whereupon he attempted to file it in Davidson County, and was rebuffed; he thereupon attempted to file a redressing action in the Davidson Chancery Court, and was again rebuffed. He returned to Knox County, and filed this pro se action for damages against Judge McGee and Clerk Bean, asserting that they violated his civil rights under 42 U. S. C. §1983, by refusing to allow him to file the action against Clerk Torrence. The trial judge directed a verdict for the defendants at the close of the plaintiff’s case, holding that he had failed to make out a prima facie case.

The holder of an easement across his neighbor’s property sought to replace two gates with cattle guards. The Chancery Court of Coffee County denied the request. We affirm.

This is an appeal by petitioner/appellant, Mavis A. Combs, from the decision of the Davidson County Chancery Court upholding the decision of respondent/appellee, the Metropolitan Civil Service Commission (“the Commission”), to deny Ms. Combs in-line-of-duty injury leave. The facts out of which this matter arose are as follows.