Case law

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  • Kirby Parkway Professional Condominium Association, Inc. v. Cindy-Jarvis Limited, L.P.

    Court of Appeals of Tennessee · Dec 30, 2020

    George v. Building Materials Corp. of Am., 44 S.W.3d 481, 486 (Tenn. 2001); see also United States v. Crossley, 224 F.3d 847, 858 (6th Cir. 2000); McLendon v. South Carolina Dep’t of Highways & Pub. … Estate of Brown, 402 S.W.3d 193, 198-99 (Tenn. 2013) (emphasis added). As such, any defense asserting the statute of limitations may be waived if not properly pleaded.

    Cited 0 timesPublished
  • G and N Restaurant Group, Inc. d/b/a City Cafe Diner v. City of Chattanooga

    Court of Appeals of Tennessee · Oct 8, 2014

    Frank Brown, III, Chancellor No. … Braunfeld v. Brown, 366 U.S. [599,] 608, 81 S.Ct. [1144,] 1148 [(1961)]; Fritts v. Wallace, 723 S.W.2d 948, 949-50 (Tenn. 1987); Brumley v. Town of Greeneville, 38 Tenn.

    Cited 0 timesPublished
  • Electric Power Board of the Metropolitan Government of Nashville v. Middle Tennessee Electric Membership Corp.

    841 S.W.2d 321 · Court of Appeals of Tennessee · May 15, 1992

    Duck River Electric Membership Cooperative v. City of Manchester, 529 S.W.2d 202 (Tenn. 1975) and Franklin Power and Light Co. v. Middle Tennessee Electric Membership Corp., 222 Tenn. 182 , 434 S.W.2d 829 (Tenn.1968). … Duck River Electric Membership Cooperative v. City of Manchester, 529 S.W.2d 202 (Tenn.1975). C.

    Cited 2 timesPublished
  • Alexander C. Wells v. James Hefner

    Court of Appeals of Tennessee · May 3, 2006

    Plaintiff then appealed the university’s decision to the Tennessee Board of Regents (Board). The Board’s Chancellor, Charles E. Smith, conducted a review and concurred with the university’s decision. … Brown, 955 S.W.2d 49, 50-51 (Tenn. 1997). We consider the evidence in the light most favorable to the non-moving party and resolve all inferences in that party's favor. Godfrey v. Ruiz, 90 S.W.3d 692, 695 (Tenn. 2002).

    Cited 0 timesPublished
  • Palmer v. Love

    18 Tenn. App. 579 · Court of Appeals of Tennessee · Nov 16, 1934

    Lyons Milling Company v. Goffe & Carkener (C. C. A.), 46 Fed. (2d), 241, 247, 83 A. L. R., 501; Clews v. Jamieson, supra; Cleage v. Laidley (C. C. A., 8), 149 Fed., 346, 352 ; Browne v. Thorn (C. C. … Board of Trade of Chicago v. Christie, supra, 198 U. S. [236], 249, 25 S. Ct., 637, 639 , 49 L. Ed., 1031 .” Lyons Milling Company v. Goffe & Carkener, supra.

    Cited 7 timesPublished
  • E. Ron Pickard and Linda Pickard, as Trustees of the Sharon Charitable Trust and as Individuals v. Tennessee Department of Environment and Conservation, Tennessee Water Quality Control Board and Tennessee Materials Corporation

    Court of Appeals of Tennessee · Aug 14, 2012

    See Brown v. Brown, 281 S.W.2d 492, 497 (Tenn. 1955); Riden v. Snider, 832 S.W.2d 341, 343 (Tenn. Ct. App. 1991); Scales v. Winston, 760 S.W.2d 952, 953 (Tenn. Ct. App. 1988). … Richardson v. Tenn.

    Cited 0 timesPublished
  • Rogers v. City of Chattanooga

    39 Tenn. App. 176 · Court of Appeals of Tennessee · Sep 20, 1954

    Brown, from the Circuit Court of Sullivan County, I think it best to state my reasons for my concurrence in the result reached in the instant case. In Kingsport Utilities, Inc., v. … These factors distinguish this case from Kingsport Utilities v. Brown.

    Cited 13 timesPublished
  • Buford v. TDOC

    Court of Appeals of Tennessee · Nov 10, 1999

    As we observed in Davison v. … Boyce v. Williams, 389 S.W.2d 272, 276 (Tenn. 1965). Moreover, the reviewing court may conduct a trial on the merits. Roberts v. Brown, 310 S.W.2d 197, 206-208 (Tenn. App. 1958).

    Cited 0 timesPublished
  • Linnell Richmond v. Tennessee Department of Correction

    Court of Appeals of Tennessee · Apr 29, 2010

    The petitioner inmate was convicted of a disciplinary offense by the Department of Correction disciplinary board. The inmate timely filed a petition in the trial court, challenging the legality of the board’s decision. … Brown v. Little, No. M2008-02644-COA-R3-CV, 2009 WL 2166061, at *2 (Tenn. Ct. App. July 20, 2009), perm. app. denied Jan. 25, 2010 (citing Rhoden v. State 5 (...continued) T.C.A. § 27-9-102 (2000).

    Cited 0 timesPublished
  • Kemp v. Knox County

    556 S.W.2d 546 · Court of Appeals of Tennessee · Feb 25, 1977

    Second, even if it were so considered, the Knox County Board of Education would not be considered a “supplier” of ditch digging. See Odum v. … Haynes (1972 W.S.Tenn.App.) 494 S.W.2d 795 , where the holding in International v. Sartain was explained and distinguished. We affirm the Trial Judge.

    Cited 5 timesPublished
  • Fred Auston Wortman, III v. Eric Shirkey

    Court of Appeals of Tennessee · Sep 17, 2024

    Brown v. Tennessee Title Loans, Inc., 328 S.W.3d 850, 854 (Tenn. 2010); Highwoods Props., Inc. v. City of Memphis, 297 S.W.3d at 700. … The parole board’s decision whether to grant parole is reviewable by writ of certiorari “to determine whether the Board has exceeded its jurisdiction, or has acted illegally, fraudulently or arbitrarily.” Robinson v.

    Cited 0 timesPublished
  • Preston Garner v. Southern Baptist Convention

    Court of Appeals of Tennessee · Jan 8, 2025

    Co. v. Nichols, 569 S.W.2d 412, 420 (Tenn. 1978) (citing Brown v. First National Bank, 193 N.W.2d 547, 553 (Iowa 1972)). … Brown cites a footnote from this Court’s opinion in Brown v.

    Cited 0 timesPublished
  • Roberts v. Traughber

    844 S.W.2d 192 · Court of Appeals of Tennessee · Oct 22, 1991

    We agree with Roberts’ statement of the law, see Goodwin v. Metropolitan Board of Health, 656 S.W.2d 383, 388 (Tenn.Ct.App.1983). … First Tennessee National Bank Ass’n v. Jones, 732 S.W.2d 281, 288 (Tenn.Ct.App.1987) (citing Southern Railway *197 Co. v. State Board of Equalization, 682 S.W.2d 196, 199 (Tenn.1984)).

    Cited 8 timesPublished
  • Steven C. Mohn, et ux v. Bernard Graff

    Court of Appeals of Tennessee · May 31, 2000

    Cureton died and his property was devised to Burrel Kent Brown. In October, 1996, Brown conveyed Tract 1 of the Cureton property, including Lot 91, to the sellers. … In Price & Price Mechanical, Inc. v.

    Cited 0 timesPublished
  • Gerald Kiner v. Shelby County Government Public Records Department

    Court of Appeals of Tennessee · Aug 29, 2025

    Brown v. Christian Bros. Univ., 428 S.W.3d 38, 46 (Tenn. Ct. App. 2013). This Court has held that “[p]arties who choose to represent themselves are entitled to fair and equal treatment by the courts.” Hodges v. Tenn. … The Board of Judicial Conduct (the “Board”) “is typically the proper forum for complaints against judges.” Bush, 631 S.W.3d at 13; see also Tenn. Code Ann. § 17-5-102(c).

    Cited 0 timesPublished
  • Royal Insurance v. R & R Drywall and Tennessee Department of Commerce and Insurance

    Court of Appeals of Tennessee · Jun 6, 2003

    See Memphis Publishing Co. v. Cherokee Children & Family Services, Inc., 87 S.W.3d 67 (Tenn. 2002); Brown v. Birman Managed Care, Inc., 42 S.W.3d 62 (Tenn. 2001). … Roberts v. Lebanon Appliance Service Co., 779 S.W.2d 793 (Tenn. 1989); Lindsey v. Smith and Johnson, Inc., 601 S.W.2d 923 (Tenn. 1980).

    Cited 0 timesPublished
  • Leonora Washington v. Gale Vogel, Ph.D.

    Court of Appeals of Tennessee · Jul 20, 2011

    Byrd v. Hall, 847 S.W.2d 208, 211 (Tenn.1993). … See Sullivan v.

    Cited 0 timesPublished
  • Russell v. Jackson

    21 Tenn. App. 512 · Court of Appeals of Tennessee · Nov 27, 1937

    Eager v. McCoy, 143 Tenn., 693 , 228 S. W., 709 ; Yarbrough v. Yarbrough, 151 Tenn., 221 , 269 S. W., 36 ; Brown v. Brown, 86 Tenn., 277 , 6 S. W. 869 , 7 S. W., 640 ; Davis v. Williams, 85 Tenn., 646 , 4 S. … Brown v. Brown, 86 Tenn., 277, 293 , 6 S. W., 869 , 7 S. W., 640 . The fact that some of the limitations are void for remoteness cannot impair the validity of those which may vest. Armstrong v.

    Cited 4 timesPublished
  • Rodney Glover v. Tennessee Department of Correction

    Court of Appeals of Tennessee · Oct 9, 2015

    If the agency or board has reached its decision in a constitutional or lawful manner, then the decision would not be subject to judicial review. Powell v. … Brown v. Christian Bros. University, No. W2012–01336–COA–R3–CV, 2013 WL 3982137, at *3 (Tenn. Ct. App. Aug. 5, 2013), perm. app. denied (Tenn. Jan. 15, 2014).

    Cited 0 timesPublished
  • White v. Premier Medical Group

    254 S.W.3d 411 · Court of Appeals of Tennessee · Nov 28, 2007

    Knoxville Traction Co. v. Brown, 89 S.W. 319, 321 (Tenn. 1905); Fuller v. Tennessee-Carolina Transp. Co., 471 S.W.2d 953, 956 (Tenn. Ct. App. 1970). … See Biscan v. Brown, 160 S.W.3d 462, 468 (Tenn. 2005). Such decisions are reviewed under the abuse of discretion standard. Id.

    Cited 14 timesPublished

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