Gordon, Lewis ask for expedited appeal in court vacancy case

Late today, Houston Gordon and Buck Lewis appealed Chancellor Ellen Hobbs Lyle's decision setting procedures for the submission of new Supreme Court candidates to Governor Phil Bredesen. The two, whose names were included on previous lists submitted to the governor, also petitioned the state Supreme Court to exercise its statutory "reach down" jurisdiction and take the appeal directly.
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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

ROBERT W. FINK, ET AL. v. FRED M. CREAN, ET AL.

Court: TCA

Attorneys:

Christina Ferrell, Franklin, TN, for Appellants.

Gregory L. Cashion, Samuel J. Welborn, Nashville, TN, for Appellees.

Judge: HIGHERS

In this appeal, we are asked to determine whether the chancery court properly awarded the plaintiffs a judgment of $90,000. The defendants made improvements to their real property, placing a paved driveway over a previously existing logging trail. The plaintiffs noticed an increased water runoff from storms onto their own real property, which abutted the defendants' property, and they attributed this increase to the improvements made by the defendants. The plaintiffs filed a complaint, and the action was referred to a judicial settlement conference. The result was the parties' entering into an agreed order to have engineers confer on a solution, however, a compromise was never reached. After a bench trial, the chancery court issued a memorandum opinion in which it found the defendants' actions to be an actionable temporary nuisance for which they were ordered to pay $14,144.50 in damages. The court also ordered the defendants to hire an engineer and workers to perform construction under one of two possible options, or to comply with a third option of payment for the cost of building a retaining wall, within 180 days from final judgment to prevent further damage to the plaintiffs' property. The court further ordered that its memorandum opinion be reduced to writing in an order and final judgment to be drafted by the plaintiffs. The plaintiffs drafted an order, which the trial court and counsel for all parties signed, however this order substituted part of the court's language regarding the costs of a retaining wall with the specific dollar amount of $90,000. After 180 days had expired, and the defendants had begun but not completed construction per their chosen option, the plaintiffs filed for an execution of judgment in the amount of $90,000. The chancery court stayed the execution of judgment for thirty days, during which the parties’ experts were to confer as to the sufficiency of the defendants' actions in addressing the nuisance. When this time period expired with no agreement between the experts or the parties, the chancery court entered an order for judgment in favor of the plaintiffs for $90,000. The defendants filed a timely notice of appeal to this Court. We affirm.

https://www.tba2.org/tba_files/TCA/2006/finkr_122206.pdf


TODAY'S NEWS

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