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FRANK BELL, Petitioner/Appellant, v. CHRISTINE BRADLEY, et al, Respondents/Appellees.

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Appeal No. 01-A-01-9506-CH-00273 Davidson Chancery No. 94-2561-III

FILED
Sept. 27, 1995
Cecil Crowson, Jr.
Appellate Court Clerk

COURT OF APPEALS OF TENNESSEE MIDDLE SECTION AT NASHVILLE

APPEAL FROM THE CHANCERY COURT FOR DAVIDSON COUNTY AT NASHVILLE, TENNESSEE THE HONORABLE ROBERT S. BRANDT, CHANCELLOR

FRANK BELL R.M.S.I./U-5-B-101 7475 Cockrill Bend Industrial Road Nashville, Tennessee 37243 PRO SE PETITIONER/APPELLANT

CHARLES W. BURSON Attorney General and Reporter JOHN R. MILES 404 James Robertson Parkway Suite 2000, Parkway Towers Nashville, Tennessee 37243-0488 ATTORNEYS FOR RESPONDENTS/APPELLEES

AFFIRMED AND REMANDED

SAMUEL L. LEWIS, JUDGE

MEMORANDUM OPINION1
This is an appeal by petitioner, Frank Bell, from the chancellor's judgment dismissing Mr. Bell's petition for writ of certiorari. The chancellor dismissed the petition on the ground

that it "was not timely filed."

The record does show that petitioner filed the petition within sixty (60) days of the final disposition of petitioner's disciplinary appeal. On appeal, respondents admit that the

petition was timely filed, but insist the chancellor's judgment should be affirmed on the ground that the petition does not state a cause of action. Respondents contend that it would be futile to

reverse the order of the chancery court because the petition fails to state a ground upon which the chancellor could grant relief.

"Where the lower Court decides a case correctly, but upon an erroneous ground, [this] court will affirm the decree basing its decision upon what it conceives to be the correct theory." v. Fouche, 15 Tenn. App. 248, 251 (1932). Hamby

The Supreme Court of Tennessee has held that "[c]ommon law certiorari is available where the court reviews an administrative decision in which that agency is acting in a judicial or quasijudicial capacity." 1983). Davison v. Carr, 659 S.W.2d 361, 363 (Tenn.

Tennessee Code Annotated section 27-8-101 provides: The writ of certiorari may be granted whenever authorized by law, and also in all cases where an inferior tribunal, board, or officer exercising

Court of Appeals Rule 10(b): The Court, with the concurrence of all judges participating in the case, may affirm, reverse or modify the actions of the trial court by memorandum opinion when a formal opinion would have no precedential value. When a case is decided by memorandum opinion it shall be designated "MEMORANDUM OPINION," shall not be published, and shall not be cited or relied on for any reason in a subsequent unrelated case.

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judicial functions has exceeded the jurisdiction conferred, or is acting illegally, when, in the judgment of the court, there is no other plain, speedy or adequate remedy. This section does not apply to actions governed by the Tennessee Rules of Appellate Procedure. Tenn. Code Ann.

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