February 20, 2004 Session. July 26, 2004. Published Pursuant to Court of Appeals Rule 11. Appeal from the Circuit Court, Rutherford County, No. 47732, J.S. Steve Daniel, J. Larry G. Trail and Van A. French, Murfreesboro, Tennessee, for the appellant, Nissan North America, Inc. Joy L. Davis, Franklin, Tennessee, for the appellee, Clifford Michael Johnson. OPINION FRANK G. CLEMENT, JR., J., delivered the opinion of the court, in which WILLIAM C. KOCH, P.J., M.S., and WILLIAM B. CAIN, J., joined. Former
(a) Except as provided in § 62-39-104, it is unlawful for anyone to solicit an appraisal assignment or to prepare an appraisal or an appraisal report relating to real estate or real property in this state without first obtaining a real estate appraiser's license or certificate. (b) This section shall not be construed to apply to individuals who render professional assistance in arriving at a real estate analysis, opinion or conclusion. (c) Nothing in this chapter shall be construed to prohibit any
As used in this chapter, unless the context otherwise requires: (1) "Analysis assignment" means an analysis, opinion or conclusion prepared by a real estate appraiser that relates to the nature, quality or utility of identified real estate or identified real property; (2) "Applicant for initial registration, licensure, or certification": (A) Means any person applying for a registration, license, or certification issued under this chapter who does not currently hold a valid registration, license,
This chapter shall be known and may be cited as the "State Licensing and Certified Real Estate Appraisers Law." T.C.A. § 62-39-101 Acts 1990, ch. 865, § 2.
(a) Availability of Appeal as of Right in Civil Actions. In civil actions every final judgment entered by a trial court from which an appeal lies to the Supreme Court or Court of Appeals is appealable as of right. Except as otherwise permitted in Rule 9 and in Rule 54.02 Tennessee Rules of Civil Procedure, if multiple parties or multiple claims for relief are involved in an action, any order that adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties is
(a) Relief To Be Granted; Relief Available. The Supreme Court, Court of Appeals, and Court of Criminal Appeals shall grant the relief on the law and facts to which the party is entitled or the proceeding otherwise requires and may grant any relief, including the giving of any judgment and making of any order; provided, however, relief may not be granted in contravention of the province of the trier of fact. Nothing in this rule shall be construed as requiring relief be granted to a party responsible
If scientific, technical, or other specialized knowledge will substantially assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise. Tenn. R. Evid. 702 Advisory Commission Comments [2001]. The Frye test no longer exists in Tennessee. In McDaniel v. CSX Transportation, Inc., 955 S.W.2d 257 (1997), the Tennessee Supreme Court listed
(a) Effect of Erroneous Ruling. Error may not be predicated upon a ruling which admits or excludes evidence unless a substantial right of the party is affected, and (1)Objection. In case the ruling is one admitting evidence, a timely objection or motion to strike appears of record, stating the specific ground of objection if the specific ground was not apparent from the context; or (2)Offer of Proof. In case the ruling is one excluding evidence, the substance of the evidence and the specific evidentiary