Case law

Wallace v. Knoxville's Community Development Corp.

568 S.W.2d 107 · Court of Appeals of Tennessee · Feb 14, 1978

Whaley v. State, 187 Tenn. 507 , 216 S.W.2d 17 (1948); Brown v. University Nursing Home, Inc., 496 S.W.2d 503 (Tenn.App.1972). … The recent case of Henry County Board of Education v.

Lisa Bass Collins v. Stephen Butler Collins

Court of Appeals of Tennessee · Sep 29, 2009

Cohen, 937 S.W.2d at 833 (citing Brown v. Brown, 913 S.W2d 163, 168 (Tenn. Ct. App. 1994)). … Silvey v.

Manning v. City of Lebanon

124 S.W.3d 562 · Court of Appeals of Tennessee · Jul 8, 2003

As the Court said in Winters v. … State v. AAA Bail Bonds, 993 S.W.2d 81, 86 (Tenn. Crim. App. 1998); see also Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532 (1985).

Exxonmobil Oil Corp. v. Metropolitan Government of Nashville & Davidson County

246 S.W.3d 31 · Court of Appeals of Tennessee · Jun 28, 2005

The Beer Board’s denial of Exxon’s first application was appealed and ultimately upheld by the Tennessee Supreme Court in Exxon Corp. v. … State v. Flemming, 19 S.W.3d 195,197 (Tenn. 2000); Cohen v. Cohen, 937 S.W.2d 823, 828 (Tenn.1996); T.R. Mills Contractors, Inc. v. WRH Enterprises, LLC, 93 S.W.3d 861, 867 (Tenn.Ct.App. 2002).

Brumley v. Town of Greeneville

38 Tenn. App. 322 · Court of Appeals of Tennessee · Aug 13, 1954

Lightman v. City of Nashville, 166 Tenn. 191 , 60 S. W. (2d) 161 ; Rutherford v. City of Nashville, 168 Tenn. 499 , 79 S. W. (2d) 581 ; Brooks v. Claiborne County, 67 Tenn. 43 ; 37 Am. Jur., Sec. 144, p. 756. … See Blackburn v. Dillon, 189 Tenn. 240 , 225 S. W. (2d) 46 .

Zseltvay v. Metropolitan Government of Nashville & Davidson County

986 S.W.2d 581 · Court of Appeals of Tennessee · Jul 31, 1998

Union Carbide Corp. v. Huddleston, 854 S.W.2d 87 (Tenn. 1993); Jahn v. Jahn, 932 S.W.2d 939 (Tenn. App. -6- 1996). … The appellant cites us to the case of Neese v.

Crosby v. Holt

320 S.W.3d 805 · Court of Appeals of Tennessee · Dec 28, 2009

It is presumed that the actions of school boards are reasonable, and therefore not arbitrary and capricious, unless there is clear evidence to the contrary. Childs v. … It was the Teacher’s burden to prove that the Board acted illegally, arbitrarily of capriciously. Warren v. Polk County Bd. of Educ., 613 S.W.2d 222, 225 (Tenn.1981).

Littles v. Campbell

97 S.W.3d 568 · Court of Appeals of Tennessee · Jun 5, 2002

In a petition for certiorari concerning a disciplinary board decision, the only proper party is the Tennessee Department of Corrections (“TDOC”). See Buford v. … See Powell v. Parole Eligibility Review Board, 879 S.W.2d 871, 873 (Tenn.Ct.App.1994); Yokley v. State, 632 S.W.2d 123 (Tenn.Ct.App.1981).

Michael Cobble v. Greene County, Tennessee

559 S.W.3d 118 · Court of Appeals of Tennessee · Dec 19, 2017

Thus, the Trial Court, as are we, was restricted to determining whether the Board exceeded its jurisdiction or acted illegally, arbitrarily, or fraudulently. Lewis v. … In Leonard Plating Company v.

Dingman v. Harvell

814 S.W.2d 362 · Court of Appeals of Tennessee · Feb 15, 1991

Gamblin v. Town of Bruceton, 802 S.W.2d 690 (Tenn.Ct.App., W.S., 1990, application for permission to appeal denied Dec. 31, 1990); Sitton v. Fulton, 566 S.W.2d 887 (Tenn.App.1978). … In the instant case, the office of Chief of Police has no prescribed term and therefore at best the term of office is limited to that of the Board of Aldermen which is the appointing authority. Gamblin v.

Neese v. Paris Special School District

813 S.W.2d 432 · Court of Appeals of Tennessee · May 8, 1990

Our Public Meetings Act is remedial, Dorrier v. Dark, 537 S.W.2d 888 (Tenn.1976), and it should be liberally construed in furtherance of its purpose. … Fed. of Teachers v. University of Alaska, 677 P.2d 886, 891 (Alaska1984). The public was notified of the March 21, 1989 meeting in the same manner as for other Regular Meetings.

Stephen George Beem v. Joan Nan Gallina Beem

Court of Appeals of Tennessee · Apr 28, 2010

Barnes v. Barnes, 193 S.W.3d 495, 498 (Tenn. 2006); Frizzell Constr. Co. v. Gatlinburg, LLC, 9 S.W.3d 79, 85 (Tenn. 1999). … Gov’t of Nashville v. Brown, No. M2008-02495-COA-R3-CV, 2009 WL 5178418, at *8 (Tenn. Ct. App. Dec. 30, 2009). 7 This argument was made in the first instance in Husband’s reply brief.

BMC ENTERPRISES, INC. v. City of Mt. Juliet

273 S.W.3d 619 · Court of Appeals of Tennessee · Mar 27, 2008

Thus, the Trial Court, as are we, was restricted to determining whether the Board exceeded its jurisdiction or acted illegally, arbitrarily, or fraudulently. Lewis v. … In Leonard Plating Company v.

Morris v. Esmark Apparel, Inc.

832 S.W.2d 563 · Court of Appeals of Tennessee · Dec 31, 1991

Gear v. City of Des Moines, 514 F.Supp. 1218 (S.D.Iowa 1981); See Montana v. … See, Ryan v. New York Telephone Co., 62 N.Y.2d 494 , 478 N.Y.S.2d 823 , 467 N.E.2d 487 (1984); Bostwick v. Atlas Iron Masters, Inc., 780 P.2d 1184 (Okla.App.1988); Bresnahan v.

Breeding v. Williams

9 Tenn. App. 335 · Court of Appeals of Tennessee · Jul 14, 1929

Greene v. Allen, 24 Tenn. (5 Humph.), 170; Ewell v. Sneed, 136 Tenn., 602 . … Quoting from Milligan v. Greeneville College, supra: “In Johnson v.

McRedmond v. Estate of Marianelli

46 S.W.3d 730 · Court of Appeals of Tennessee · Aug 31, 2000

Byrd v. Hall, 847 S.W.2d 208 (Tenn.1993). … Johns v. Caldwell, 601 S.W.2d 37 (Tenn.Ct. App.1980); Aeree v. E.I.F.C., Inc., 502 S.W.2d 43 (Ky.1973). Controlling shareholders likewise owe a fiduciary duty to minority shareholders. Nelms v.

Hedgepath v. Norton

839 S.W.2d 416 · Court of Appeals of Tennessee · Apr 24, 1992

Watts v. Civil Service Board, 606 S.W.2d 274, 276-77 (Tenn.1980), cert. denied, 450 U.S. 983 , 101 S.Ct. 1519 , 67 L.Ed.2d 818 (1981). In Pace v. … Mullins v. City of Knoxville, 665 S.W.2d 393, 396 (Tenn.App.1983).

Watauga Falls Development v. Rivers End Subdivision P.O.A.

Court of Appeals of Tennessee · Apr 8, 2021

As this Court explained in Brown v. Brown: [A] voluntary dismissal of an appeal generally is with prejudice. … Brown v. Brown, No. M2012-02084-COA-R3-CV, 2014 WL 1017509, at *7 (footnote omitted). Pursuant to Tenn. R. App.

Engert v. Peerless Insurance Company

53 Tenn. App. 310 · Court of Appeals of Tennessee · Mar 26, 1964

Real Estate Management v. Giles, 41 Tenn.App. 347 , 293 S.W.(2d) 596 ; Scott v. McReynolds, 36 Tenn.App. 289 , 255 S.W.(2d) 401 ; Gibbs v Trinity Universal Ins. … Co. v.

Kobie Turner v. City of Memphis

Court of Appeals of Tennessee · Dec 20, 2016

Henley v. Amacher, No. M1999-02799-COA-R3-CV, 2002 WL 100402, at *6 (Tenn. Ct. App. Jan. 28, 2002) (citing Brown v. Wal-Mart Discount Cities, 12 S.W.3d 785, 789 (Tenn. 2000); Turner v. … See Brown v. Wal-Mart Disc.