APPELLATE COURT OPINIONS

The Defendants appeal a summary judgment entered in favor of the Plaintiffs for the enforcement of a settle ment agreement.

Demetreous Flengas, the husband, and Kimberly Denise Flengas, the wife, were granted an absolute divorce in September 1994 in Hamilton County. Shortly thereafter, the Trial Court entered its memorandum opinion and order which directed the division of the parties' assets and liabilities. It is from this order that the husband appeals.

The sole issue presented in this appeal is whether the Wife/Appellant is entitled to post judgment interest on a judgment of $50,000 awarded her by the decree of divorce entered December 28, 1992.

The captioned petitioners filed their “Petition for Writ of Certiorari and Verified Complaint” seeking review of the action of the City Council of Gallatin in regard to the zoning of certain property and for injunctive relief. From an adverse judgment in the Trial Court, one of the petitioners, Phyllis Hovenden, has appealed, presenting the following issues for review:

Two persons injured in a one-car accident sued the driver of the car in which they were riding. After obtaining an essentially worthless judgment against the unknown driver of another car, the passengers perfected this appeal to take issue with the trial court’s decision to permit their driver to rely on a “phantom automobile” defense even though she had not included this defense in her answer. The majority has determined that the trial court properly permitted the driver to assert this defense and to amend her pleadings to conform to the proof. While I concur with the majority’s decision under the circumstances of this case, I have prepared this separate opinion to avoid leaving a mistaken impression that the driver’s answer complied with Tenn. R. Civ. P. 8.03. It did not; however, the error does not undermine the jury’s verdict in this case.

For a second time we address this matter which concerns Appellant Ron Christian's eligibility for assistance from the petroleum underground storage tank fund, established in T.C.A. § 68-215-110. The Tennessee Petroleum Underground Storage Tank Board (Board), an appellee in this action,1 found Christian ineligible for assistance due to his failure to reestablish fund eligibility by, inter alia, failing to conduct a site check of his property. Upon review in the chancery court, the Board's decision was upheld. For reasons hereinafter set forth, we affirm.

Petitioner James Jennings, an inmate at CCA-South Central Correctional Center 2 acting pro se, sought judicial review of the decision rendered by the Tennessee Board of Parole ("TBOP"), revoking Petitioner's parole, by common law writ of certiorari. The Chancery Court, Davidson County, granted the Motion to Dismiss filed by Respondent, Charles Traughber, Chairman, TBOP. Petitioner appeals the chancellor's decision.