Richard L. Hubbell v. Sumner Anesthesia Associates, Inc., et al - Dissenting
M2008-01736-COA-R3-CV
Authoring Judge: Judge Richard H. Dinkins
Trial Court Judge: Tom E. Gray

Richard L. Hubbell v. Sumner Anesthesia Associates, Inc., et al
M2008-01736-COA-R3-CV
Authoring Judge: Judge Richard H. Dinkins
Trial Court Judge: Chancellor Tom E. Gray

Shareholder and employee of a professional corporation filed suit demanding payment of the fair value of his shares in the corporation following termination of his employment. The corporation subsequently tendered $760.48 to the Sumner County Clerk and Master, the amount it believed represented the fair value of the shareholder’s shares as of the date of his termination of employment with the corporation. The trial court granted summary judgment for the corporation finding the shareholder failed to contradict the corporation’s proposed fair value. Finding error, we reverse and remand the case for further proceedings.

State of Tennessee v. Barry Singleton
W2006-02476-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge W. Mark Ward

The defendant, Barry Singleton, appeals his convictions for aggravated kidnapping and aggravated rape. The defendant was sentenced to twelve years as a Range I, standard offender for the aggravated kidnapping conviction and to twenty-five years as a violent offender for the aggravated rape conviction. The sentences were ordered to run consecutively for an effective sentence of thirtyseven years. On appeal, he contends that: the evidence was insufficient to support his convictions; the trial court erred in allowing the State to introduce photographs into evidence that had not been provided to the defense prior to trial; it was error to allow a witness not provided to the defendant to testify; it was error to allow the victim to testify without providing the tape recording of her initial statement to police; and the court erred in imposing his sentence with regard to both the length and manner. After careful review, we affirm the judgments from the trial court.

Tom R. Smith v. Thomas Harding Potter
M2008-01483-COA-R3-CV
Authoring Judge: Judge J. Steven Stafford
Trial Court Judge: Judge Barbara N. Haynes

Appellant and Appellee are both licensed attorneys practicing in the State of Tennessee. This appeal arises from Appellant's efforts to recover money owed by Appellee on two promissory notes. The trial court found that the promissory notes were executed in recognition of Appellee's debt under two lease agreements. The court concluded that the lease agreements called for fee-splitting between attorneys in violation of Rule 1.5(e) of the Rules of Professional Responsibility. We do not address the merits of the trial court's conclusion on this question. Instead, we find that no final judgment exists in this case.

Timothy D. Qualls v. Ricky J. Bell, Warden
M2008-01246-CCA-R3-HC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Hamilton V. Gayden, Jr.

In 2003, the Petitioner, Timothy D. Qualls, pled guilty to second degree murder, and the trial court sentenced him to serve eighteen years. The Petitioner file a petition for habeas corpus relief, and the habeas court denied his petition. On appeal, the Petitioner alleges the habeas court erred because: (1) the trial court sentenced the Petitioner in contravention of his constitutional rights; and (2) thetrial court sentenced the Petitioner in contravention of state statutes. After a thorough review of the record and relevant authorities, we affirm the judgment of the habeas court.

Antwone J. Terry v. Tennessee Department Of Correction, et al.
W2008-01907-COA-R3-CV
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor William C. Cole

The appellant filed a petition for writ of certiorari in the chancery court, seeking review of prison disciplinary proceedings. The trial court dismissed the petition because it was not notarized or otherwise sworn, as required by statute. We affirm.

Lisa Shelton v. Central Mutual Insurance Company
E2008-00553-WC-R3-WC
Authoring Judge: Senior Judge Walter C. Kurtz
Trial Court Judge: Chancellor Jerri S. Bryant

This workers’ compensation appeal has been referred to the Special Workers’
Compensation Appeals Panel of the Supreme Court in accordance with Tenn.Code
Ann. § 50-6-225(e)(3) for a hearing and a report of findings of fact and conclusions
of law. In 2004, Employee was found to be permanently and totally disabled as a
result of a work-related injury. In January 2006, he died as a result of an overdose
of prescription medication. His widow sought workers’ compensation death benefits,
alleging that his death was the direct result of his prior work injury. Employer filed
a motion for summary judgment, contending that the medical evidence was insufficient. The trial court granted the motion. Employee’s widow has appealed. We reverse the judgment and remand for further proceedings.

Deborah Smartt v. M-Tek, Inc., et al.
M2008-00824-WC-R3-WC
Authoring Judge: Senior Judge Allen W. Wallace
Trial Court Judge: Judge L. Craig Johnson

This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for a hearing and a report of findings of fact and conclusions of law. The employee had chronic obstructive pulmonary disease (“COPD”) as a result of cigarette smoking. She was exposed to residual smoke and odors from a fire which occurred in the building she worked in. Shortly thereafter, she was hospitalized with acute breathing problems. She has been unable to return to work since that time. The trial court found that she had sustained a compensable aggravation of her pre-existing COPD, and awarded permanent total disability benefits. Her employer has appealed, asserting that the trial court erred in finding that she had sustained a compensable injury. We affirm the judgment on that issue. However, we reverse the trial court’s award of reimbursement of  health insurance premiums paid by employee.

The Holland Group v. Audrey Sotherland, et al.
M2008-00620-WC-R3-WC
Authoring Judge: Senior Judge Allen W. Wallace
Trial Court Judge: Chancellor J. B. Cox

This workers’ compensation appeal has been referred to the Special Workers’  Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for a hearing and a report of findings of fact and conclusions of law. The employee filed a Request for Assistance with the Department of Labor and Workforce Development (“Department”), seeking medical treatment and temporary disability benefits for an alleged work injury. The Department ordered that treatment be provided and benefits paid. The employer filed this civil action in the Chancery Court of Bedford County against the employee and the Second Injury Fund (“Fund”). Subsequently, the Department ordered the termination of disability benefits. The employee filed her answer and a counterclaim against the employer. The Fund filed a motion for summary judgment, contending that the trial court lacked subject matter jurisdiction  because the parties had not exhausted the benefit review process. The trial court granted the motion and dismissed the action. The employee has appealed. We conclude tha

James Kenneth Lane v. Perdue Farms, Inc.
M2008-00235-WC-R3-WC
Authoring Judge: Senior Judge Allen W. Wallace
Trial Court Judge: Chancellor Ronald Thurman

This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for a hearing and a report of findings of fact and conclusions of law. The employee in this case alleged that he had sustained gradual injuries to his shoulders and arms as a result of his employment. Three doctors testified concerning the injuries. The two treating physicians assigned 0% impairment. An evaluating physician assigned 5% impairment to each arm, and 0% impairment for the shoulder injuries. The trial court awarded 7.5% permanent partial disability (“PPD”) to the
arms, and 15% PPD to the body as a whole. The employee has appealed, contending that the trial court erred by using the “last day worked” rule to determine the date of injury. The employer asserts that the trial court erred by awarding permanent disability benefits for the shoulder injuries. We affirm the trial court’s finding concerning the date of injury, and reverse the award of benefits for the shoulder injuries.

State of Tennessee v. Larry Frank
W2007-00446-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Carolyn Wade Blackett

A Shelby County Criminal Court jury convicted the appellants, Larry Frank and Shurrod Towns, of attempted first degree premeditated murder in case number 04-01201 and first degree premeditated murder and four counts of attempted first degree premeditated murder in case number 04-01202. The trial court imposed life sentences for their murder convictions and twenty years for each attempted murder conviction, with the sentences to be served concurrently. On appeal,1 Frank contends that the evidence is insufficient to support his convictions and that the trial court improperly imposed five-hundred-dollar fines. Towns argues that the evidence is insufficient to support his convictions, that the trial court should have dismissed the indictments because he was denied his right to a preliminary hearing, that the trial court should have declared a mistrial when a State witness testified that Towns had an arrest record, and that the trial court should have granted his motion for a new trial based upon newly discovered evidence. Based upon the record and the parties’ briefs, we conclude that the trial court improperly fined both appellants. However,  judgments of the trial court are affirmed in all other respects.

State of Tennessee v. Travis Knotts
W2008-01948-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Donald H. Allen

The defendant, Travis Knotts, pled guilty to theft of property over $10,000, a Class C felony, and was sentenced to six years on probation. On appeal, he argues that the trial court erred in denying his request for judicial diversion. After review, we affirm the judgment of the trial court.

State of Tennessee v. Nancy Blue
W2008-00187-CCA-R3-CD
Authoring Judge: Judge D. Kelly Thomas, Jr.
Trial Court Judge: Judge Clayburn L. Peeples

The defendant, Nancy Blue, appeals as of right her jury convictions for two counts of rape of a child and two counts of incest. She received sentences of twenty-five years for each rape of a child  conviction and six years for each incest conviction. 1 The rape of a child sentences were ordered to be served consecutively and the incest convictions were ordered to be served concurrently, for a  effective sentence of fifty years. The defendant argues that the evidence is insufficient to support her convictions and that the trial court imposed an excessive sentence both in length and manner of service. Following our review, we affirm the convictions but remand for the entry of modified and corrected judgments consistent with this opinion.

State of Tennessee v. Derek Smith
W2008-00113-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Judge James C. Beasley, Jr.

The defendant, Derek Smith, pled guilty as a Range I, standard offender to aggravated burglary, a Class C felony, and assault, a Class A misdemeanor. He received sentences of three years and eleven months, twenty-nine days to be served consecutively in the community corrections program.  After the defendant was charged with theft while in the community corrections program, the trial court found that the defendant violated the terms of his community corrections sentence, revoked the sentence, and imposed a new sentence of eleven years as a Range III, persistent offender. On appeal, the defendant contends the trial court erred in resentencing the defendant in a range higher than that of the original sentence. We agree, and we reverse the judgment of the trial court and remand the case for resentencing of the defendant as a Range I offender.

State of Tennessee v. Mike Brotherton
W2007-02016-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Donald E. Parish

The defendant, Mike Brotherton, pled guilty to the offense of driving under the influence, first offense, and reserved a certified question of law regarding the validity of the traffic stop that resulted in his arrest. After careful review, we conclude that the trooper lacked reasonable  the traffic stop and dismiss the charge against the defendant.

Charles Orlando Fields v. Henry Steward, Warden
W2008-02509-CCA-R3-HC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Joseph H. Walker, III

The petitioner, Charles Orlando Fields, appeals the summary dismissal of his petition for habeas corpus relief by the Lauderdale County Circuit Court. In his appeal, he contends that the indictment was void because: (1) it did not include all the essential elements for the offense for which he was convicted; (2) his sentencing range was illegal; and (3) the trial court did not have subject matter jurisdiction to sentence him. After careful review, we conclude the petitioner has not established that he is entitled to habeas corpus relief. The judgment of the habeas corpus court is affirmed in accordance with Rule 20 of the Rules of the Court of Criminal Appeals.

Pugh's Lawn Landscape Company, Inc. v. Jaycon Development Corporation
W2008-01366-COA-R3-CV
Authoring Judge: Judge J. Steven Stafford
Trial Court Judge: Judge D'Army Bailey

This is an appeal of the trial court’s order confirming an arbitration award entered in favor of Appellee. The arbitration agreement entered between Appellant and Appellee permitted either party to appeal the arbitrator’s decision directly to this Court. The agreement specified that this Court would conduct a de novo review of the arbitrator’s decision as if it had been reached by the trial court. We find that Tennessee’s arbitration statutes do not permit the parties to expand the scope of judicial review. Accordingly, we apply the standard of review specified in the statute and affirm the trial court’s order confirming the arbitration award.

Christy Leann Smith v. Leona M. Pratt, Executrix of The Estate of Stephen M. Pratt, M.D., Deceased, and HCA Health Services of Tennessee, Inc. d/b/a Centennial Medical Center
M2008-01540-COA-R9-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge Barbara Haynes

Patient sued her surgeon for malpractice and the hospital for allowing the surgeon to practice in its facilities. The trial court ruled that the hospital was not eligible for the qualified immunity provided in Tenn. Code Ann. § 63-6-219(d)(1). We reverse.

Christy Leann Smith v. Leona M. Pratt, Executrix of The Estate of Stephen M. Pratt, M.D., Deceased, and HCA Health Services of Tennessee, Inc. /d/b/a Centennial Medical Center - Concurring
M2008-01540-COA-R9-CV
Authoring Judge: Judge Frank G. Clement, Jr.
Trial Court Judge: Judge Barbara Haynes

State of Tennessee v. James Earl Pinchon, Jr.
M2008-01513-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge W. Charles Lee

In 2008, the Defendant pled guilty to introduction of contraband into a penal institution, and the trial court sentenced him to serve four years and nine months in the Tennessee Department of Correction. The Defendant now appeals his sentence claiming that the trial court erroneously denied his request for alternative sentencing. After a thorough review of the record and the applicable law, we conclude that the trial court properly sentenced the Defendant.

Coleman Management, Inc v. David Meyer, James W. Rayner, Richard D. Baker, Rose McKee, and NCF Associates
W2007-02497-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Judge Rita L. Stotts

This is an action to recover a real estate commission. The defendants are the general partners of a partnership that owned a single asset, an apartment complex. In 1992, the partnership filed a reorganization petition in bankruptcy. The partnership hired the plaintiff real estate agency to sell the apartment complex while it was in bankruptcy. After a hearing to establish the value of the property, the bankruptcy court permitted the partnership to buy back the property for $9.8 million. Soon after the bankruptcy plan was confirmed, however, the partnership, through the plaintiff real estate agency, contracted to sell the property to a third party for $12.5 million. Upon discovering this, the bankruptcy court permitted the sale to the third party to take place for $12.5 million, but it ordered that the excess proceeds of the sale be placed in escrow. When the escrow funds were released, the plaintiff real estate agency did not receive its commission on the sale of the property. Consequently, the real estate agency filed this lawsuit against the general partners to recover its commission. The defendants filed a motion to dismiss based on the statute of limitations and on the equitable doctrine of “unclean hands.” The trial court denied the motion and awarded the plaintiff real estate agency the commission sought plus prejudgment interest. The defendants now appeal. We affirm, finding that the lawsuit was timely filed, that the trial court did not err in declining to apply the unclean hands doctrine, and that the trial court did not abuse its discretion in awarding prejudgment interest.

Edward P. Porter v. State of Tennessee
M2008-00375-CCA-R3-CO
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Steve R. Dozier

The petitioner, Edward P. Porter, appeals the Davidson County Criminal Court’s summary dismissal of his petition for writ of error coram nobis. The petitioner pled guilty in 1998 to possession with intent to sell over .5 grams of cocaine, a Class B felony, and was sentenced to eight years in the Department of Correction. In 2007, the petitioner filed the instant petition, alleging that he was being restrained by an illegal sentence. The trial court summarily dismissed the petition because it was filed outside the statute of limitations and because it failed to state a cognizable claim. On appeal, the petitioner contends that the court erred in determining that the petition was time-barred, asserting that the one-year statute of limitations is not applicable and that his assertion of an illegal sentence in violation of Tennessee Rule of Criminal Procedure 32  relief. Following review of the record, we find no error and affirm the judgment of the trial court.

State of Tennessee v. Richard F. Stroud
M2008-01200-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Robert E. Lee Davies

The Defendant, Richard F. Stroud, was indicted on one count of driving under the influence, first offense, a Class A misdemeanor. After a motion to suppress was heard and denied, the Defendant entered a guilty plea. In the negotiated plea agreement, the parties purported to reserve a certified question of law pursuant to Tennessee Rule of Criminal Procedure 37(b)(2). After review, we conclude that the Defendant has failed to comply with the strict requirements of Tennessee Rule of Criminal Procedure 37(b)(2). The appeal is dismissed.

Frank Lee Tate v. State of Tennessee
W2008-00763-CCA-R3-PC
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Judge J. Weber McCraw

The petitioner, Frank Lee Tate, appeals the Circuit Court for Fayette County’s dismissal of his pro se petition for post-conviction relief from his convictions for aggravated rape, a Class A felony, and incest, a Class C felony. He received concurrent sentences of sixty years for aggravated rape and fifteen years for incest. The trial court dismissed his petition without appointing counsel and without holding a hearing. On appeal, the petitioner lists over thirty claims. We affirm the dismissal of the petition for post-conviction relief.

Daniel Sanders v. Henry County, Tennessee
W2008-01832-COA-R3-CV
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge Donald E. Parish

This appeal involves a statutory retaliatory discharge claim pursuant to Tennessee Code Annotated section 50-1-304. The trial court granted summary judgment to the employer, finding that the employee failed to establish that he had refused to participate in or remain silent about “illegal activities,” within the meaning of the statute. The employee appeals. We affirm.