Case law

Tennessee Department Of Environment And Conservation v. Thomas Marlin Robert

Court of Appeals of Tennessee · Feb 3, 2021

Mills v. Fulmarque, Inc., 360 S.W.3d 362, 368 (Tenn. 2012). When two statutes address the same subject, the statutes must read together “as to give the intended effect to both.” Coffee Cty. Bd. of Educ. v. … McEwan v. Tennessee Dep’t of Safety, 173 S.W.3d 815, 822 (Tenn. Ct. App. 2005) (citations omitted).

City of Chattanooga v. Shackleford

41 Tenn. App. 734 · Court of Appeals of Tennessee · Jul 10, 1956

Railroad Co. v. Haynes, 112 Tenn. [712] 715, 81 S. W. 374 ; [Knoxville] Traction Co. v. Brown, 115 Tenn. [323] 325, 89 S. W. 319 .” In Stafford v. Consolidated Bus Lines, 179 Tenn. 185 , 164 S. … In Gray v. Brown, 188 Tenn. 152 , 217 S. W. (2d) 769, 772 , it was held that the act of the plaintiff, Mrs.

Ken Smith Auto Parts v. Michael F. Thomas

Court of Appeals of Tennessee · Jan 15, 2019

In Browning v. Browning, No. E2017-02354-COA-R3-CV, 2018 WL 4057245 (Tenn. Ct. App. … In Nix v.

Lakeland Commons, L.P. v. Town of Lakeland, Tennessee

Court of Appeals of Tennessee · May 25, 2010

Wadlyn Corp. v. City of Knoxville, 296 S.W.3d 536, 544 (Tenn. Ct. App. 2008); Lafferty v. City of Winchester, 46 S.W.3d 752, 758 (Tenn. Ct. App. 2000). … “The scope of review by the appellate courts is no broader or more comprehensive than that of the trial court with respect to evidence presented before the Board.” Watts v.

Corey A. Adams v. Tennessee Department of Corrections

Court of Appeals of Tennessee · Nov 5, 2013

The limited court review of prison disciplinary board proceedings was explained in Powell v. Parole Eligibility Review Bd., 879 S.W.2d 871, 873 (Tenn. Ct. App. 1994) as being “very narrow.” … It covers only an inquiry into whether the Board has exceeded its jurisdiction or is acting illegally, fraudulently, or arbitrarily, Yokley v. State, 632 S.W.2d 123 (Tenn. Ct. App. 1981).

Tommy McDaniel v. Amal Rustom, M.D.

Court of Appeals of Tennessee · May 5, 2009

Similarly, in Brown v. Kudsk, No. 02A01-9611-CV-00291, 1998 WL 34190563, at *5 (Tenn. Ct. App. W.S. … Rustom because both physicians held board certifications in internal medicine.

Holder v. City of Chattanooga

878 S.W.2d 950 · Court of Appeals of Tennessee · Nov 8, 1993

to municipal utilities boards or civil service boards of counties organized under a home rule charter form of government. … This conclusion is implicitly supported by Huddleston v.

Donovan Davis v. Ray Maples

Court of Appeals of Tennessee · Aug 25, 2003

Graham v. State, 202 Tenn. 423, 426, 304 S.W.2d 622, 623-24 (1957); Robinson v. Traughber, 13 S.W.3d 361, 364 (Tenn. Ct. App. 1999); Tarpley v. Traughber, 944 S.W.2d 394, 395 (Tenn. Ct. App. 1996). … Ivey v. Meadows, 216 Tenn. 678, 685, 393 S.W.2d 744, 747 (1965); Rucker v. State, 556 S.W.2d 774, 776 (Tenn. Crim. App. 1977).

Erick Gordon v. Tennessee Department of Safety and Homeland Security

Court of Appeals of Tennessee · Dec 5, 2023

See, e.g., State v. Cook, 9 S.W.3d 98 (Tenn. 1999); State v. Edison, 9 S.W. 3d 75 (Tenn. 1999); State v. Hunter, 941 S.W.2d 56 (Tenn. 1997); State v. … For these reasons, we determine that the trial court was correct to reverse and modify the Board’s decision. V.

City of Covington Education Association v. City of Covington

Court of Appeals of Tennessee · Apr 5, 2007

Staples v. CBL & Assocs., 15 S.W.3d 83, 89 (Tenn. 2000). … Comm'rs v. Am. Fed’n, 609 S.W.2d 512, 517 (Tenn. Ct.

Frank Barrett and Jodi Lynn Cheatham v. Town of Nolensville

Court of Appeals of Tennessee · Mar 10, 2011

A reviewing court may grant relief only when the board or agency has exceeded its jurisdiction or acted illegally, arbitrarily, or fraudulently. McCallen v. City of Memphis, 786 S.W.2d 633, 638 (Tenn. 1990). Ms. … City of Chattanooga v. Davis, 54 S.W.3d 248, 259 (Tenn. 2001) (quoting Browning-Ferris Indus. of Vt., Inc. v. Kelco Disposal, 492 U.S. 257, 265 (1989)).

Larry W. Hopkins v. Bd. of Paroles

Court of Appeals of Tennessee · Mar 14, 2001

HOPKINS v. … The courts have held repeatedly that the Board may consider the seriousness of a prisoner’s offense when making parole decisions. Arnold v. Tennessee Bd. of Paroles, 956 S.W.2d at 482; Robinson v.

Nance v. Council of City of Memphis

672 S.W.2d 208 · Court of Appeals of Tennessee · Nov 22, 1983

In the recent case of Fallin v. … Our Supreme Court in Stevenson v.

Walter Himes v. Tennessee Department of Correction

Court of Appeals of Tennessee · Dec 6, 2012

(the “Board”) found Mr. … “The reviewing court is not empowered ‘to inquire into the intrinsic correctness of the board's decision.’” Gordon v. Tenn. Bd. of Prob. and Parole, No.

In Re Gaberiel S.

Court of Appeals of Tennessee · Dec 11, 2018

In re Michaela V., No. E2013-00500-COA-R3-PT, 2013 WL 6096367, at *8 (Tenn. Ct. App. … See State Dep’t of Children’s Servs. v. M.P., 173 S.W.3d 794, 805–06 (Tenn. Ct.

Willie J. High v. Sumner County, Tennessee

Court of Appeals of Tennessee · Jul 21, 2011

Covington Pike Toyota v. Cardwell, 829 S.W.2d 132, 134 (Tenn. 1992) (citing South Cent. Bell Tel. Co. v. Olsen, 669 S.W.2d 649, 652 (Tenn. 1984) and Liberty Cash Grocers v. Atkins, 304 S.W.2d 633, 635 (Tenn. 1957)). … Therefore, the trial court was correct in remanding the case back to the Review Board and directing it to consider Mr. High’s permanent total disability. See State ex. Rel. Moore & Associates v.

Vicki Baumgartner, Personal Representative Of The Estate of Richard R. Baumgartner v. Tennessee Consolidated Retirement System

Court of Appeals of Tennessee · Oct 3, 2018

Hodge v. Craig, 382 S.W.3d 325, 335 (Tenn. 2012); see also In re Brown, 470 S.W.3d 433, 450 n.6 (Tenn. Ct. App. 2015) (quoting Bunch v. Bunch, 281 S.W.3d 406, 410 (Tenn. Ct. … U.S. v. Bajakajian, 524 U.S. 321, 327-28 (1998) (quoting Browning-Ferris, 492 U.S. at 265).

Loy v. Loy.

32 Tenn. App. 470 · Court of Appeals of Tennessee · Mar 15, 1949

Her bill had been upon the same ground and had asked a divorce from bed and board. … O’Rourke v. Cleveland, 49 N. J. Eq. 577, 580, 25 A. 367 , 31 Am. St. Rep. 719 . To the same effect: In re Brown, 4 Colo. 438 ; In re Moore, 93 Cal. App. 488 , 269 P. 664 ; Scott v. Chambers, 62 Mich. 532 ; 29 N.

Carl Ross v. Tennessee Department of Correction

Court of Appeals of Tennessee · Oct 30, 2008

(citing Hawkins v. Tenn. Dep’t of Corr., 127 S.W.3d 749, 757 (Tenn. Ct. App. 2002); Hall v. McLesky, 83 S.W.3d 752, 757 (Tenn. Ct. App. 2001)). … As we noted above, this Court may not reweigh the evidence, “but must affirm the Board’s decision if there is any material evidence to support it.” Pirtle v. Tenn. Dep’t of Corr., No.

Jamesway Construction, Inc. v. David W. Salyers, P.E. (Dissenting)

Court of Appeals of Tennessee · Sep 20, 2024

For example, in Hayes v. … Co. v.