Opinion

State Ex Rel. Inman v. Brock

  • 622 S.W.2d 36
  • 1981 Tenn. LEXIS 441
Court
Tennessee Supreme Court
Filed
Apr 10, 1981
Status
Published
Author
Ward
On the bench
Conner, Foster, Tipton, Wharton, Ward
Cited by
10 cases

noting that “the legislature has undoubtedly vested the attorney general with a broad discretion to decide when he may lend the assistance of his office to defend public officers.”

How later courts described this case

  • noting that “the legislature has undoubtedly vested the attorney general with a broad discretion to decide when he may lend the assistance of his office to defend public officers.”
  • “[A] private citizen . . . cannot maintain an action complaining of wrongful acts of public officials unless such private citizen avers special interest or a special injury not common to the public generally.”

Written by the judges who cited it.

The opinion

JOYCE M. WARD, Special Justice,

concurring in part and dissenting in part.

I, regret that I am unable to concur entirely in the majority opinion. In my judgment, issues are discussed unnecessary to the disposition of this case. I would affirm the Chancellor’s holding based solely on the lack of jurisdiction of the subject matter as held in Taylor, supra.

I dissent with the publication of the actions of counsel for plaintiffs. I believe the basis for the reprimand, which I consider necessary, should be briefly summarized, without specificity in the opinion rather than republished in detail. I would refer the case record to the disciplinary board for appropriate action.

I would hold that this appeal is frivolous based upon the record in the face of Taylor, supra, and the history preceding the instant appeal. However, I dissent with the issuance of an injunction against counsel for the plaintiffs. I would tax all unnecessary costs, including costs of impaneling a special supreme court, to plaintiff Bench and Bar, and the officers and directors of Bench and Bar individually, pursuant to T.C.A. § 27-1-122. 1

. Damages for frivolous appeal. — When it appears to any reviewing court that the appeal from any court of record was frivolous or taken solely for delay, the court may, either upon motion of a party or of its own motion, award just damages against the appellant, which may include but need not be limited to, costs, interest on the judgment, and expenses incurred by the appellee as a result of the appeal.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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