APPELLATE COURT OPINIONS

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01A01-9608-BC-00359

01A01-9608-BC-00359

Originating Judge:William C. Koch
Court of Appeals 01/15/97
01A01-9606-CH-00256

01A01-9606-CH-00256
Court of Appeals 01/15/97
01A01-9607-CV-00334

01A01-9607-CV-00334

Originating Judge:Bobby H. Capers
Macon County Court of Appeals 01/15/97
01A01-9606-CH-00279

01A01-9606-CH-00279

Originating Judge:Ellen Hobbs Lyle
Davidson County Court of Appeals 01/15/97
Carl E. Jordan, v. Tennessee Board of Paroles, et al.

01A01-9607-CH-00347

An inmate in the custody of the Department of Correction filed a Petition for Writ of Certiorari to challenge the Parole Board’s refusal to grant him parole. The Chancery Court dismissed the Petition for failure to comply with the time limitations for filing. We affirm the dismissal on the alternate ground of failure to state a claim upon which relief can be granted.

Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Chancellor Robert S. Brandt
Davidson County Court of Appeals 01/15/97
The Honorable Hamilton v. Gayden, Jr., Judge

01A01-9607-CV-00338

Originating Judge:Hamilton V. Gayden, Jr.
Davidson County Court of Appeals 01/15/97
Seffernick vs. St. Thomas Hospital

01A01-9606-CV-00282
Court of Appeals 01/15/97
03C01-9604-CC-00156

03C01-9604-CC-00156
Hamblen County Court of Criminal Appeals 01/14/97
02A01-9507-CV-00156

02A01-9507-CV-00156

Originating Judge:Charles A. Sevier
Shelby County Court of Appeals 01/14/97
03A01-9512-CH-00453

03A01-9512-CH-00453
Greene County Court of Appeals 01/14/97
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Sullivan County Court of Appeals 01/14/97
03C01-9604-CC-00156

03C01-9604-CC-00156
Hamblen County Court of Appeals 01/14/97
03A01-9606-CV-00181

03A01-9606-CV-00181
Washington County Court of Appeals 01/14/97
03C01-9509-CC-00265

03C01-9509-CC-00265

Originating Judge:D. Kelly Thomas, Jr.
Blount County Court of Criminal Appeals 01/13/97
03C01-9602-CR-00072

03C01-9602-CR-00072

Originating Judge:Douglas A. Meyer
Hamilton County Court of Criminal Appeals 01/13/97
03A01-9608-PB-00254

03A01-9608-PB-00254
Court of Appeals 01/13/97
01S01-9603-CV-00049

01S01-9603-CV-00049
Supreme Court 01/13/97
03C01-9511-CC-00372

03C01-9511-CC-00372

Originating Judge:W. Lee Asbury
Campbell County Court of Criminal Appeals 01/13/97
Michael Morat, Individually, and Morat's Insurance Agency, Inc., a Tennessee Corporation, v. State Farm Mutual Automobile Insurance Company

02A01-9412-CV-00270

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

Authoring Judge: Judge Herschel Pickens Franks
Originating Judge:Judge Wyeth Chandler
Shelby County Court of Appeals 01/13/97
Clyde Tull v. Paul Wilson

02A01-9601-CH-00020

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.

Authoring Judge: Judge Herschel Pickens Franks
Originating Judge:Judge Joe C. Morris
Court of Appeals 01/13/97
Torrence Johnson v. Stephen Dotson, W

W2006-01344-CCA-R3-HC
Authoring Judge: Judge J. C. McLin
Originating Judge:Joseph H. Walker, III
Hardeman County Court of Criminal Appeals 01/11/97
03C01-9508-CC-00251

03C01-9508-CC-00251
Sullivan County Court of Criminal Appeals 01/10/97
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

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.

Authoring Judge: Judge David R. Farmer
Originating Judge:Judge Robert A. Lanier
Shelby County Court of Appeals 01/09/97
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

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.

Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Judge John A. Turnbull
White County Court of Appeals 01/08/97
Willie West, v. Tennessee Board of Paroles

01A01-9604-CH-00362

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.

Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Chancellor Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 01/08/97