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Court: TSC


Court: TCA


Walter Blair, appellant, pro se.

Robert E. Cooper, Jr., Attorney General & Reporter, Michael E. Moore, Solicitor General, and Joshua D. Baker, Assistant Attorney General, for the appellee, Tennessee Board of Probation and Parole.

Judge: KIRBY

This appeal involves a petition for writ of certiorari challenging the denial of parole. The petitioner inmate was serving time for second-degree murder. After his first parole hearing, the petitioner was denied parole due to the seriousness of his offense. His next parole hearing was deferred for four years. The petitioner filed an unsworn petition for certiorari against the parole board, challenging the legality of its decision. The board filed a motion to dismiss for failure to comply with the verification requirement for a writ of certiorari. The petitioner then filed a motion to amend his petition to comply with the verification requirement. The petitioner's motion to amend was granted, but the trial court dismissed the petition for failure to state a claim upon which relief can be granted. The petitioner now appeals. We affirm, concluding that, at the time the trial court dismissed the petition for failure to state a claim, it did not have subject matter jurisdiction over the matter because the petition was not verified within the sixty-day period for filing a sworn petition.


Court: TCA


Clark Lee Shaw, Nashville, Tennessee, for the appellant, John Ashley Galloway.

Larry Samuel Patterson, Jr., Columbia, Tennessee, for the appellee, Marilynn Diane Galloway.

Judge: CAIN

This case is a divorce proceeding in which the only issues brought before this Court are whether the preponderance of the evidence support the trials court's division of property between the parties and whether either party is entitled to attorney's fees on appeal. We affirm the judgment of the trial court.


Court: TCA


W. Judd Peak, Nashville, Tennessee, for the appellant, Music City Record Distributors, Inc.

Stephen Childers Crofford and Mary A. Parker, Nashville, Tennessee, for the appellee, Shannon Mays

Judge: CAIN

Employee sued Employer under the Tennessee Human Rights Act (THRA) alleging repeated acts of sexual harassment in the work place by supervisory personnel. After Employer's Motion for Summary Judgment was denied, the case was tried on its merits, non-jury, resulting in judgment for Employee. Employer appealed this judgment but limited the appeal to the assertions that the trial court erred in denying its Motion for Summary Judgment and in holding that Employer had failed to prove by a preponderance of the evidence its affirmative defenses. The judgment of the trial court is affirmed.


Court: TCA


Edward Kershaw, Greeneville, Tennessee, for the appellant, Steven Douglas Sizemore.

Judith Fain, Johnson City, Tennessee, for the appellee, Nancy Ann McCracken Sizemore.


("Husband"), for divorce in the Washington County Circuit Court. She subsequently filed a notice of voluntary dismissal in that case. On the day the notice of nonsuit was filed in Circuit Court, Wife filed a divorce complaint in the Chancery Court for Washington County. The parties proceeded to trial in that court. The Chancery Court granted Wife a divorce, divided the parties' marital property, and ordered Husband to pay Wife child support and alimony. Following the entry of the Chancery Court's judgment, Husband filed a counterclaim in the Circuit Court proceeding -- the one that had been dormant since Wife filed her notice of voluntary nonsuit some two years earlier. He argues that the case in Circuit Court was still pending because that court had not entered an order dismissing Wife's complaint. The Circuit Court dismissed Husband's counterclaim, stating (1) that Husband had waived his right to have the parties' divorce case tried in Circuit Court by fully participating in the trial in Chancery Court; and (2) that Wife's notice of nonsuit had "effectively dismissed the case" in Circuit Court. On appeal from the Chancery Court case, Husband contends that (1) the Chancery Court "never had jurisdiction" because the complaint in Circuit Court was pending when the Chancery Court purported to assume jurisdiction; (2) the Chancery Court erred in not allowing him to obtain a transcript of the divorce hearing; (3) the Chancellor was biased against him and should have recused himself; (4) the Chancery Court erred in ordering him to pay child support for the parties' disabled adult son; (5) the Chancery Court erred in its division of the parties' marital property; (6) the Chancery Court erred in awarding Wife alimony; (7) the Chancery Court erred in imputing $100,000 per year of income to Husband; and (8) the Chancery Court erred in finding him in contempt. On appeal from the Circuit Court, Husband argues that the court lacked authority to dismiss his counterclaim. We affirm the judgments of both courts.


Court: TCCA


Dale Quillen, Nashville, Tennessee, for the appellant, Erlene Weems d/b/a E & W Bonding.

Robert E. Cooper, Jr., Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Bret Gunn, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: MCLIN

The appellant, Erlene Weems d/b/a/ E & W Bonding Co., appeals the trial court's dismissal of its motion to nullify and void a previous order declaring the final forfeiture of bail bond in the case of criminal defendant Carlos Albert Cabellero-Grajeda. Following review of the record, we dismiss this appeal.


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TBJ features notice pleadings, non-compete agreements
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Regretably, the print version omitted the footnotes to Holbrook's column on Tennessee Investment Services Trusts, "Where There's a Will." However, the complete column is available online.
Read the August Tennessee Bar Journal

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