Clark v. Metropolitan Government of Nashville

827 S.W.2d 312, 1991 Tenn. App. LEXIS 815
CourtCourt of Appeals of Tennessee
DecidedOctober 11, 1991
StatusPublished
Cited by82 cases

This text of 827 S.W.2d 312 (Clark v. Metropolitan Government of Nashville) is published on Counsel Stack Legal Research, covering Court of Appeals of Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Clark v. Metropolitan Government of Nashville, 827 S.W.2d 312, 1991 Tenn. App. LEXIS 815 (Tenn. Ct. App. 1991).

Opinions

OPINION

TODD, Presiding Judge.

The plaintiff, Connie L. Clark, has appealed from an adverse ruling upon plaintiff’s petition for certiorari seeking interlocutory relief from the action of the Metropolitan General Sessions Court in granting leave to amend an affidavit supporting a metropolitan citation for violating a municipal ordinance.

—History of the Case—

On November 9, 1990, plaintiff filed in Circuit Court a “Petition for the Writ of Certiorari”. The petition alleged the following:

1. On May 26, 1990, an officer of the Metropolitan Police Department cited plaintiff to appear before Metropolitan General Sessions Court on July 30, 1990, on a charge of violation of Metropolitan Code § 34-1-1, “Resisting or Interfering with Officers”.

[314]*3142. On July 23, 1990, plaintiff filed a motion to dismiss for defects in the citation.

3. The Metropolitan Government moved to amend the citation, which motion was granted.

4. On October 8, 1990, the Metropolitan General Sessions Court entered an order that interlocutory review of the order was appropriate.

The prayers of the petition were as follows:

A) That the Writ of Certiorari, returnable to this Court, issue and the proceedings of the Metropolitan General Sessions Court be brought up to this Court for review and revision.
B) That this Court reverse the action of the Metropolitan General Sessions Court in permitting amendment of the affidavit of Officer Burnett and remand this cause for further proceedings on the original Metropolitan Misdemeanor Citation.
C) That the costs of this action be taxed to the Respondent.
D) That she have such further or general relief as she may be entitled.

A fiat for the writ of certiorari was signed by the Trial Clerk, the writ was issued by the Trial Clerk and the record in the General Sessions Court was transmitted to the Trial Court.

After answer by the Metropolitan Government, plaintiff moved for judgment on the pleadings.

The Trial Court entered the following order:

This matter came before this Honorable Court on the 11th day of January, 1991, on Petitioner’s Motion for Judgment on the Pleadings, the case having come from the Metropolitan Court for interlocutory review on Petition for Writ of Certiorari. Petitioner had been issued a citation for interfering with a police officer in violation of Metropolitan Code Section 34-1-1. The Trial Judge granted Respondent’s Motion to Amend the Affidavit supporting the citation and Petitioner appealed.
Based on the legal memorandums filed by counsel, argument of counsel, and the applicable law, specifically Murff v. State, [221 Tenn. 111], 425 S.W.2d 286 (Tenn.1967), this Court finds that
(1) the original Affidavit stated “conduct” sufficiently to constitutionally bring Petitioner’s actions within the scope of Metropolitan Code Section 34-1-1; and
(2) the original Affidavit gave Petitioner sufficient notice of the charge against her; and
(3) the amended Affidavit filed by Officer Terry Burnett did not change the nature of the offense or add a new offense.
Therefore, this Court finds that the Metropolitan Court Judge acted properly in allowing the Metropolitan Government to amend the Affidavit to the citation issued Petitioner and remands this case to the Metropolitan Court to be tried on its merits on the original citation supported by the amended Affidavit, and it is so ORDERED. Costs are assessed against the Petitioner.

The sole issue stated by appellant is as follows:

Whether the trial court erred in granting judgment on the pleadings or summary judgment in favor of the Respondent-Appellee Metropolitan Government.

In support of her issue stated above, plaintiff makes the following arguments:

A. The Circuit Court appropriately exercised its supervisory power in initially accepting interlocutory review of the Metropolitan Court proceedings.
B. To permit the statement of facts in a municipal citation to be amended on the day of trial without prior notice to the accused violates State and Federal Constitutional guarantees.
C. The procedure followed by the Metropolitan Court indicates an excess of the jurisdiction conferred upon such Court.
D. In the alternative, the Metropolitan Court acted illegally in permitting amendment of the affidavit.

[315]*315—The Nature of the Original Action—

The complaint alleges that plaintiff was cited for violation of a municipal ordinance of the Metropolitan Government of Nashville and Davidson County, Tennessee.

Metropolitan Court of General Sessions is authorized to hear civil actions by the municipal government for violations of its ordinances and criminal actions for violation of State criminal statutes. (Charter of the Metropolitan Government of Nashville and Davidson County, Tennessee, Article XIV, Sec. 14.02).

A violation of a municipal ordinance partakes more or less of a civil wrong. Hill v. State, ex rel. Phillips, 216 Tenn. 503, 392 S.W.2d 950 (1965).

Cases in Metropolitan General Sessions Court of Nashville and Davidson County represented by “metropolitan warrants and procedures” are civil actions, triable de novo upon appeal to the Circuit Court. Metro. Gov’t. of Nash. & Davidson Cty. v. Allen, Tenn.1975, 529 S.W.2d 699.

Where a warrant charges only the violation of a city ordinance, it is considered only as a civil process, and technical nicety of pleading is not required. Guidi v. City of Memphis, 196 Tenn. 13, 263 S.W.2d 532, (1954).

Cases involving violations of city ordinances are not criminal prosecutions, but rather civil in nature, having as their object the vindication of domestic relations; on appeal to Circuit Court, they are triable de novo in the same procedural rules as those governing tort actions instituted in General Sessions Courts. Briggs v. City of Union City, Tenn.1975, 531 S.W.2d 106.

A prosecution for an act violating a city ordinance is a civil and not a criminal proceeding and is governed by rules in civil cases. O’Dell v. City of Knoxville, 214 Tenn. 237, 379 S.W.2d 756; 54 Tenn.App. 59, 388 S.W.2d 150 (1964).

See also Geitch v. City of Chattanooga, 195 Tenn. 245, 258 S.W.2d 776 (1953);

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Kenneth R. Brooks v. Whaley Construction, LLC
Court of Appeals of Tennessee, 2024
Fred Auston Wortman, III v. Eric Shirkey
Court of Appeals of Tennessee, 2024
Kurt M. Chambliss v. Terry L. Rutledge
Court of Appeals of Tennessee, 2024
Estate of Ella Mae Haire v. Shelby J. Webster
Court of Appeals of Tennessee, 2024
Matthew Swilley v. William Thomas
Court of Appeals of Tennessee, 2024
Lee Ann Polster v. Russell Joseph Polster
Court of Appeals of Tennessee, 2023
Reginald Hall v. Wilmington Savings Fund Society
Court of Appeals of Tennessee, 2023
Irene Howard v. State of Tennessee
Court of Appeals of Tennessee, 2021
Cored, LLC v. Steve Hatcher
Court of Appeals of Tennessee, 2020
Elvis Presley Enterprises, Inc. v. City of Memphis
Court of Appeals of Tennessee, 2019
David New v. Lavinia Dumitrache
Court of Appeals of Tennessee, 2019
Janet Thornton v. Coffee County Board of Education
Court of Appeals of Tennessee, 2018
State of Tennessee, on Relation of v. Calvin Howell v. Jimmy Farris
562 S.W.3d 432 (Court of Appeals of Tennessee, 2018)
Timothy Sumner v. Campbell Clinic, PC
498 S.W.3d 20 (Court of Appeals of Tennessee, 2016)
State of Tennessee v. Timothy L. Jefferson
Court of Criminal Appeals of Tennessee, 2016
Brookside Homeowners Association v. Stan Vaught
Court of Appeals of Tennessee, 2015

Cite This Page — Counsel Stack

Bluebook (online)
827 S.W.2d 312, 1991 Tenn. App. LEXIS 815, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clark-v-metropolitan-government-of-nashville-tennctapp-1991.