Angela Taylor vs. Douglas Fezell E2002-02937-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Thomas R. Frierson, II
In post-divorce action by husband, the Trial Court refused to void trust provision in Marital Dissolution Agreement and calculated child support. Husband appealed, we affirm.
Greene
Court of Appeals
J.S. Haren Company vs. Kelly Services E2002-03116-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Sharon J. Bell
This appeal asserts that the Trial Court erred in entering judgment against the Appellant/Defendant, Kelly Services, Inc., for breach of contract. We reverse and dismiss the judgment of the Trial Court and remand.
Knox
Court of Appeals
Judy Longmire vs Kroger E2002-03119-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Wheeler A. Rosenbalm
In this action for damages for injuries suffered when plaintiff fell on defendant's premises, the Trial Court granted defendant summary judgment. On appeal, we vacate and remand.
Knox
Court of Appeals
Steve Conklin vs. State E2002-03130-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Approximately seventeen years ago, Steve Conklin (Plaintiff") was convicted by a jury in the McMinn County Criminal Court of raping a child under the age of thirteen years. Plaintiff's conviction was affirmed by the Court of Criminal Appeals in 1987. Plaintiff was represented by appointed counsel, Fredric J. Chester, Jr. ("Chester"). Chester represented Plaintiff both at trial and on the direct appeal. Many years later, Plaintiff was granted post-conviction relief based on ineffective assistance of counsel and a new trial was ordered. The State of Tennessee ("State") declined to retry Plaintiff, who then was set free. Plaintiff filed this lawsuit in the Claims Commission ("Commission") against the State seeking monetary compensation for the alleged legal malpractice of Chester which Plaintiff claims resulted in his being imprisoned improperly for fourteen and one-half years. According to Plaintiff, Chester should be deemed a state employee because he was appointed by the court. The State disagreed and filed a motion to dismiss the complaint. The State argued that the Commission lacked subject matter jurisdiction over Plaintiff's legal malpractice claim because Chester was not a "state employee". The Commission dismissed the lawsuit solely because Plaintiff failed to respond timely to the State's motion to dismiss. We hold Chester was not an employee of the state and, therefore, the Commission lacked subject matter jurisdiction over Plaintiff's legal malpractice claim. The result reached by the Commission is affirmed.
The petitioner, Ronald W. Rice, filed in the Morgan County Criminal Court ("the habeas court") for habeas corpus relief, alleging that he received an illegal sentence for his conviction for an aggravated rape which occurred in 1983. The habeas court granted the petitioner relief. On appeal, the State contends that the habeas court erred in finding that the petitioner was entitled to relief. Upon review of the record and the parties' briefs, we reverse the judgment of the Morgan County Criminal Court, reinstate the petitioner's aggravated rape conviction, and remand to the Williamson County Criminal Court ("the convicting court") for correction of the judgment of conviction.
The Appellant, Shun D. Jones, was convicted by a Shelby County jury of two counts of rape and was sentenced to twenty years in the Tennessee Department of Correction. On appeal, he argues that the evidence presented at trial was insufficient to support the verdict. After review, we find no error and affirm the judgment of the trial court.
Shelby
Court of Criminal Appeals
Angelina Gilley v. Express Check Advance, W2002-02506-WC-R3-CV
Authoring Judge: Allen W. Wallace, Sr. J.
Trial Court Judge: Joe C. Morris, Chancellor
The trial court found that the employee was permanently and totally disabled through age sixty-five as a result of compensable injuries, including a herniated disk and Post Traumatic Stress Disorder. In this appeal, the employer questions the court's findings as to causation, amount of disability, temporary benefits and medical benefits. As discussed below, the panel has concluded the evidence fails to preponderate against the findings of the trial court. Therefore, We affirm the judgment of the trial court.
Madison
Workers Compensation Panel
Tommy Carey v. Camden Castings W2002-01367-WC-R3-CV
Authoring Judge: Allen W. Wallace, Sr.J.
Trial Court Judge: C. Creed McGiley, Circuit Judge
The trial court found this action barred by the statute of limitations. We affirm the trial court.
Benton
Workers Compensation Panel
Donna Taylor v. Doris Holt E2003-00901-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Telford E. Forgerty, Jr.
Steve Godfrey prepared his last will and testament on his computer and affixed his computer generated signature at the end. He had two neighbors witness the will. Mr. Godfrey died approximately one week later. Doris Holt ("Defendant"), Mr. Godfrey's girlfriend, submitted the will for probate. Donna Godfrey Taylor ("Plaintiff"), Mr. Godfrey's sister, filed a complaint alleging, in part, that the will was not signed and claiming that Mr. Godfrey had died intestate. The Trial Court granted Defendant summary judgment holding there were no undisputed material facts and that all legal requirements concerning the execution and witnessing of a will had been met. Plaintiff appeals. We affirm.
Cocke
Court of Appeals
State vs. E.G.P. E2003-00433-COA-R3-CV
Trial Court Judge: C. Van Deacon
The Juvenile Court of Bradley County ordered that a placement should be found by the Department of Children's Services ("DCS") for a sixteen-year-old mother with her two and one-half-year-old child, the latter of whom had been in foster care most of his life. Time constraints were imposed and DCS did not or was unable to comply with the judgment, which resulted in a finding of contempt. The DCS appeals, and presents a litany of issues for review, one of which alleges that the juvenile court lacked jurisdiction to adjudicate a placement. The judgment is vacated in toto and the case is remanded.
Bradley
Court of Appeals
James Wilkerson vs. PFC Global E2003-00362-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: W. Dale Young
On May 3, 2002, James and Judith Wilkerson ("Plaintiffs") filed this lawsuit against PFC Global Group, Inc. ("PFC") claiming PFC had defaulted on a Promissory Note. Plaintiffs also sued Don and Brenda Dorris who had personally guaranteed PFC's debt to Plaintiffs. All three Defendants were served with process on May 16, 2002, and their attorneys entered an appearance on Defendants' behalf the following day. Plaintiffs' counsel informed defense counsel that Plaintiffs would move for a default judgment if an answer was not filed by September 6, 2002. When no answer was filed by that date, Plaintiffs moved for and were granted a default judgment. After hearing testimony from Plaintiff James Wilkerson regarding the amount due under the various contracts, the Trial Court granted Plaintiffs a judgment against each Defendant in the total amount of $1,492,353.52, plus an additional $15,000 in attorney fees. Thereafter, Defendants filed a motion to have the default judgment set aside under Tenn. R. Civ. P. 60. After a hearing, the Trial Court determined Defendants were not entitled to relief from the default judgment. We affirm.
Blount
Court of Appeals
Donald Lacy v. Wesley Cox E2003-00709-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Richard R. Vance
Donald R. Lacy ("Plaintiff") sued Jennifer Brandon for damages arising from an automobile accident. After deliberating for approximately two hours, the jury asked the Trial Court if they were required to award Plaintiff any monetary damages if they found fault on the part of Brandon. Based on the question, Plaintiff surmised the jury's deliberations were not going his way. As a result, Plaintiff moved for a voluntary dismissal without prejudice, believing he was entitled to do so as a matter of right. The Trial Court, also believing Plaintiff was entitled to dismiss his lawsuit without prejudice as a matter of right even though the jury was deliberating, granted the motion. We conclude Plaintiff was not entitled to voluntarily dismiss his lawsuit without prejudice as a matter of right at that stage in the proceedings, and as a consequence the dismissal is with prejudice.
Sevier
Court of Appeals
Doris Cannon vs. Peninsula Hospital E2003-00200-COA-R3-CV
Authoring Judge: Sr. Judge William H. Inman
Trial Court Judge: Harold Wimberly
Criminal proceedings against the Plaintiff involving a controlled substance were dismissed upon the Plaintiffs agreement to pay the costs. She thereupon filed this action for damages for malicious prosecution, which was dismissed on motion for summary judgment because the Plaintiff could not prove a necessary element: that the prosecution was terminated in her favor, because she agreed to pay the costs of the criminal prosecution. We affirm.
Knox
Court of Appeals
02825-COA-R3-CV 02825-COA-R3-CV
Trial Court Judge: Jacqueline E. Schulten
A Hamilton County jury convicted the Defendant of driving under the influence (DUI), second offense. The trial court sentenced the Defendant to the following: "11 months, 29 days suspended after 6 months day for day (11 months, 29 days suspended probation after the 6 months)." The trial court also revoked the Defendant's driver's license for two years, ordered the Defendant to pay a $610 fine, and ordered the Defendant to avoid alcohol throughout the probation period. In addition, the trial court imposed twenty days of community service to be completed within one year. The Defendant now appeals, arguing the following: 1) that the trial court erred by denying the Defendant's motion to suppress the results of a breathalyser test, 2) that the trial court erred by limiting the testimony of the Defendant's accident re-construction expert's testimony about the Tennessee Department of Transportation's statistics regarding traffic accidents that occurred at the intersection in question, and 3) that the trial court abused its discretion by sentencing the Defendant to a sentence in excess of the maximum sentence available by statute for a DUI second offense. Finding no reversible error as concerns the conviction, we affirm the conviction. We vacate the sentence and remand for entry of an amended judgment.
In a series of steps designed to challenge his 1981 convictions for armed robbery and aggravated rape, Petitioner, Barry Winfred Ritchie, filed various pro se motions including (1) a motion for post-conviction relief and/or writ of error coram nobis, (2) a motion for relief of judgment pursuant to Rule 60.02 of the Tennessee Rules of Civil Procedure, (3) a petition for common law writ of certiorari, and (4) a motion to quash the indictments and correct an illegal sentence. All pleadings are predicated on the same allegation that the Hamilton County Criminal Court lacked territorial jurisdiction to try and convict Petitioner of the charged offenses. Following a careful review of the record, we affirm the judgments of the trial court.
Hamilton
Court of Criminal Appeals
E2003-00132-COA-R3-CV E2003-00132-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Thomas R. Frierson, II
Hawkins
Court of Appeals
Rosie Mae Thomas v. Magna Seating Systems of America, W2002-02403-WC-R3-CV
Authoring Judge: Allen W. Wallace, Sr. J.
Trial Court Judge: George R. Ellis, Chancellor
In this appeal employer contends that the trial court erred in admitting the testimony of Dr. Joseph C. Boals, III and that the evidence preponderates against the trial court's award of 25% permanent partial disability to the left arm. For reasons stated in this opinion, We affirm the judgment of the trial court.
The defendant pled guilty to felony failure to appear. Following a sentencing hearing, the trial court imposed a one-year sentence with ninety days of incarceration followed by probation. The defendant appeals the denial of full probation. We affirm the judgment of the trial court but remand for correction of a clerical error in the judgment.
The defendant, Kevin Scott Olmstead, pled guilty to two counts of aggravated assault. Following a sentencing hearing, the trial court imposed two consecutive five-year sentences. On appeal, the defendant contends his sentences are excessive. We affirm the judgments of the trial court.
The petitioner appeals the denial of post-conviction relief after his second degree murder conviction and argues his trial counsel (1) deprived him of his right to testify, and (2) failed to effectively represent him at trial. We affirm the judgment of the post-conviction court.
Cannon
Court of Criminal Appeals
Tony Baldwin v. Board of Paroles M2002-01428-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Irvin H. Kilcrease, Jr.
A prisoner in the custody of the Tennessee Department of Correction became eligible for parole after serving over twenty years of his sentence. The Parole Board conducted a hearing, and voted to deny him parole. They also decided to defer further parole consideration for another twenty years. The prisoner filed a Petition for Writ of Certiorari, which the trial court denied. We reverse the deferral, because we find that the decision to defer further parole consideration for so many years constitutes an arbitrary exercise of the Parole Board's authority.
Davidson
Court of Appeals
Aziza Kljajic v. Mirzet Kljajic M2002-01294-COA-R3-CV
Authoring Judge: Judge Royce Taylor
Trial Court Judge: Muriel Robinson
This case raises the question of jurisdiction over a nonresident, in a divorce filed by a Tennessee resident who also seeks custody of the parties' minor children, child support and attorney fees. We hold that the court has jurisdiction to grant the divorce and award custody but does not have jurisdiction to award child support or attorney fees.
The defendant, Bobby Holt, Jr., pled guilty to one count of aggravated burglary, four counts of burglary, three counts of theft over $1000, and one count of theft under $500. The trial court imposed sentences of five years for aggravated burglary, three years on each count of burglary, three years on each count of theft over $1000, and eleven months and twenty-nine days for theft under $500. The sentences were ordered to be served concurrently, for an effective, Range I sentence of five years. In this appeal, the defendant asserts that (1) the trial court erred in the application of enhancement and mitigating factors and (2) that the trial court erred by denying an alternative sentence. The judgments of the trial court are affirmed.
Hardin
Court of Criminal Appeals
Edward Ring v. Chemetals, Inc. W2002-01638-WC-R3-CV
Authoring Judge: Allen W. Wallace, Sr. J.
Trial Court Judge: Jullian P. Guinn, Circuit Judge
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with the Tenn. Code Ann. Section 5-6- 225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. Claimant has appealed the trial court's decision awarding 15% permanent partial disability to the body as a whole as being inadequate. Claimant seeks an increase award and particularly urges a finding of total disability benefits. Appellee (hereinafter "Employer") filed in its brief a request for consideration of post-judgment evidence. Employer also requests the panel take judicial notice of active and passive range of motion. As discussed below, the panel has concluded the evidence does not preponderate against the trial court's finding and Employer's request for consideration of post- judgment acquired evidence is denied. Employer's request that the panel take judicial notice of active and passive range of motion is also denied. Tenn. Code Ann. _ 5-6-225(e) (22 Supp.) Appeal as of Right; Judgment of the Circuit Court Affirmed ALLEN W. WALLACE, SR. J., in which JANICE M. HOLDER, J. and D. J. ALISSANDRATOS, SP. J., joined. Charles L. Hicks, Camden, Tennessee, for the appellant, Edward Ring. Sean Antone Hunt, Memphis, Tennessee, for appellee, Chemetal, Inc. MEMORANDUM OPINION The employee, or claimant, Edward Ring, initiated this civil action in the Circuit Court of Benton County, Tennessee to recover workers' compensation benefits for injuries he sustained initially on October 23, 1999, and again on August 8, 2, to his shoulders. Following the trial on May 3, 22, the trial court awarded 15% permanent partial disability to the body as a whole. The claimant has appealed this award as being inadequate. Appellant review is de novo upon the record of the trial court, accompanied by a presumption of correctness of the finding of facts, unless the preponderance of the evidence is otherwise. Tenn. Code. Ann. Section 5-6-225(e)(2) (22 Supp.). The reviewing court is required to conduct an independent examination of the record to determine where the preponderance of the evidence lies.
