OVERNITE TRANSPORTATION CO. v. TEAMSTERS LOCAL UNION NO. 480, ET AL.
ORDER VACATING OPINION/JUDGEMENT
Judge: PER CURIAM
It appearing to the Court that the opinion released May 16, 2005, in
this cause contained an error which cannot be easily and immediately
corrected; IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED that the
opinion and judgment filed May 16, 2005, in this cause be and the same
is hereby vacated without substitution of a corrected opinion and
judgment therefor and without the taxing of costs.
J & M, INC., v. CLARENCE D. CUPPLES and CRETE CARRIER CORP.
Archie R. Carpenter, Knoxville, Tennessee, for appellants.
Andrew R. Tillman, and Thomas M. Gautreaux, Knoxville, Tennessee, for
Plaintiff sued for damages incurred to correct condition of roadway
caused by defendants' motor vehicle which destroyed a section of
guardrail. Defendants appeal from Judgment awarding damages to
plaintiff on grounds damages were not proved. On appeal, we affirm.
CITY OF JOHNSON CITY v. DORIAN JONES
Mike Whalen, Knoxville, Tennessee, for the appellant, Dorian Jones.
James H. Epps, IV, Johnson City, Tennessee, for the appellee, City of
Dorian Jones ("the defendant") was cited to the Municipal Court of
Johnson City for a violation of the Animal Control Ordinance ("the
Ordinance") of the City of Johnson City ("the City"). The City
contends that the defendant failed to have his dog "under control."
Following a finding of guilt and the imposition of a $50 fine and
costs, the defendant appealed to the trial court. Following a bench
trial, the trial court entered its judgment, in which it held that the
defendant violated the Ordinance. The trial court dismissed the
defendant's appeal and decreed that "the fine of Fifty Dollars
($50.00) . . . be reinstated and is hereby upheld and affirmed." The
defendant appeals to us, contending that he was entitled to a jury
trial. He also argues, in legal effect, that the evidence
preponderates against the trial court's judgment. We affirm.