Dan Evans v. Phillip Matlock
M2001-02631-COA-R9-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Robert L. Jones
An antique Dr. Pepper Dispenser was offered for sale on e-Bay's auction site on the internet. After the plaintiff's bid was allegedly accepted, the seller sold the dispenser to another party. This litigation ensued between the users of the e-Bay service, alleging breach of contract, fraud, conspiracy, inducement of breach of contract, and other counts. The seller moved for summary judgment on the ground that the User Agreement provided that disputes must be arbitrated. The trial court held that the arbitration clause was inapplicable to disputes between users. We affirm.

Barry Bernstein v. Debra Bernstein
M2001-01631-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Muriel Robinson
This appeal involves the dissolution of a nineteen-year marriage. After the husband filed a complaint in the Circuit Court for Davidson County seeking a divorce on the grounds of irreconcilable differences and inappropriate marital conduct, the wife counterclaimed for divorce on the same grounds. Following a bench trial, the trial court declared the parties divorced, divided their meager marital estate, and ordered the husband to pay the wife $350 per month as long-term spousal support. The husband asserts on this appeal that he is unable to pay the amount of long-term spousal support ordered by the trial court. We disagree and have determined that the record supports the trial court's decision regarding spousal support.

Extendicare International v. James Anderson, III
M2001-02265-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Walter C. Kurtz
Appellants filed a legal malpractice action against James P. Anderson, III on July 20, 1999. Appellants filed an Amended Complaint against Anderson III on February 14, 2001 and, in such Amended Complaint, asserted for the first time a claim against James B. Anderson, II and his law firm, Anderson & Bridges. The trial court granted summary judgment to Anderson II and Anderson & Bridges upon a finding, as a matter of law, that the statute of limitations as to them had expired. We affirm the action of the trial judge.

State v. William R. Stevens
M1999-02067-SC-DDT-DD
Authoring Judge: Justice William M. Barker
Trial Court Judge: Steve R. Dozier

State v. William R. Stevens
M1999-02067-SC-DDT-DD
Authoring Judge: Justice William M. Barker
Trial Court Judge: Steve R. Dozier

State of Tennessee v. Larry Brown
W2000-03118-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Joseph B. Dailey

The Defendant, Larry Brown, was convicted by a Shelby County jury of theft of property with a value over $500.00 and evading arrest. After a sentencing hearing, the trial court sentenced him to six years for the theft charge and eleven months and twenty-nine days for evading arrest. The trial court ordered the sentences to be served consecutively. On appeal, the Defendant contends that the evidence is insufficient to support a finding of guilt beyond a reasonable doubt. We affirm the Defendant's conviction for evading arrest and reverse and dismiss his conviction for theft of property.

State of Tennessee v. Willie J. Cowan, Jr.
W2000-03140-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Chris B. Craft

The Defendant was convicted by a Shelby County jury of vehicular homicide by intoxication and reckless driving. He received an effective sentence of nine and a half years in the Tennessee Department of Correction. The Defendant now appeals, arguing the following: (1) that insufficient evidence was presented at trial to convict him of the charged offenses and (2) that the trial court erred in sentencing the Defendant. Finding no error, we affirm the judgment of the trial court.

State of Tennessee v. Roger Edward Edwards
E2001-00705-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge E. Shayne Sexton

Defendant appeals the trial court's denial of defendant's request to withdraw his guilty plea and motion for a new trial. On appeal, defendant has two assertions: (1) he received ineffective assistance of counsel and (2) the State committed a Brady violation. Concluding that defendant received effective assistance of counsel and did not demonstrate a Brady violation, we affirm the trial court's judgment.

Christine Bilyeu vs. Bobby Bilyeu
E2001-01556-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Steven C. Douglas
The Trial Court ordered the parties divorced and classified and divided marital property. Both parties appeal. We affirm, as modified.

Michael Couillard vs. Martha Couillard
E2001-01770-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Thomas J. Seeley, Jr.

Michael Couillard vs. Martha Couillard
E2001-01770-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Thomas J. Seeley, Jr.

Emily Lewis vs. Life Care Centers of America
E2001-01812-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: L. Marie Williams
Emily Lewis, a student enrolled in a Certified Nursing Assistant's training program operated and supervised by Nursetrainers, Inc., sues Life Care Centers of America, Inc. The suit seeks damages for injuries resulting to Ms. Lewis, who was taking training to become a Certified Nursing Assistant. As a result of Life Care's negligence, the original complaint alleged several other causes of action, all of which have been abandoned on appeal. We affirm.

Roy Gray vs. Nancy Gray
E2001-02470-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Bill Swann
In this divorce case from the Circuit Court for Knox County the Appellant, Roy William Gray, contends that the Trial Court erred in failing to disqualify counsel for the Appellee, Nancy Jane Gray. Mr. Gray further contends that the Court erred in dividing the marital assets, in granting both parties a divorce, and in awarding Ms. Gray post trial attorney's fees. Ms. Gray asserts that she should be reimbursed for attorney's fees incurred by her in responding to this appeal upon the grounds that the appeal is frivolous and devoid of merit. The judgment of the Trial Court is affirmed in part and reversed in part.

Jan W. Gamble v. Alex Grady Gamble, Iii
2001-01392-COA-R3-CV
Trial Court Judge: L. Marie Williams

Christina Fortenberry vs. G.T.George
E2000-02984-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Dale C. Workman

Christina Fortenberry vs. G.T.George
E2000-02984-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Dale C. Workman

Donald R. Moore v. L and D Transportation
E2000-02779-WC-R3-CV
Authoring Judge: John K. Byers, Sr. J.
Trial Court Judge: John F. Weaver, Chancellor
The trial court found the plaintiff had suffered a compensable back injury and awarded 35 percent permanent partial disability. The plaintiff has three prior awards of workers' compensation benefits beginning in 1975 with an award of 7 percent for an injury to his left hand, which translates into 2.625 percent to the body as a whole, and, for back injuries, an award in 198 of 25 percent to the body as a whole and in 1998, an award of 59.718 percent to the body as a whole from the State of Kentucky. The trial court apportioned 12.657 percent to the defendant and the balance to the Second Injury Fund. The employer questions whether the evidence supports a finding that the plaintiff suffered a work-related injury resulting in 35 percent disability. The plaintiff appeals and argues he is permanently and totally disabled. We affirm the judgment of the trial court.

Herschel Edwin Luna v. Gaf Fiberglass Corporation,
M2001-01155-WC-R3-CV
Authoring Judge: Joe C. Loser, Jr., Sp. J.
Trial Court Judge: Carol Soloman, Judge
In this appeal, the employer insists (1) the claim is barred by Tenn. Code Ann. _ 5-6-23 and (2) the trial court's award of permanent partial disability benefits based on 1 percent hearing loss is excessive. As discussed below, the panel has concluded the judgment should be affirmed.

John Marshall v. Sverdrup Technologies, Inc.
M2000-02951-WC-R3-CV
Authoring Judge: Howell N. Peoples, Special Judge
Trial Court Judge: Jeffrey Stewart, Chancellor
The employer appeals an award of permanent total disability benefits to age 65, and the Second Injury Fund appeals the apportionment of liability for 3 percent of the benefits to the Fund. We affirm the judgment of the trial court.

State of Tennessee v. Tracy T. Bostic
M2000-02941-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Timothy L. Easter

The Williamson County Grand Jury returned separate, one-count presentments against the defendant, Tracy T. Bostic, charging him with felony sale or delivery of a controlled substance, in violation of Tennessee Code Annotated section 39-17-417, and with felony sale or delivery of a counterfeit controlled substance, in violation of Code section 39-17-423. The defendant was tried and convicted on the controlled substance charge, and the trial court imposed an incarcerative sentence of nine years as a Range II, multiple offender and assessed a $25,000 fine. The defendant elected to forego a trial on the counterfeit controlled substance charge, and he entered a “blind” guilty plea to that offense, for which he received a three-year incarcerative sentence as a Range II, multiple offender, which was ordered to be served consecutively to the nine-year sentence. On appeal, the defendant contests the sufficiency of the evidence upon which his controlled substance conviction rests, and he complains about the length and manner of service of his combined sentences and about the $25,000 fine. Based upon our review of the video record in this case and our consideration of the briefs of the parties and applicable law, we affirm the defendant’s convictions and the incarcerative portion of his sentences, but we modify the $25,000 fine imposed to $15,000.

Elaine Wynn vs. Joseph Hames
W2001-00269-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Julian P. Guinn
This a medical malpractice case. Plaintiff's decedent saw Defendant, an emergency room physician, who diagnosed decedent with pneumonia and sent decedent home with antibiotics. Plaintiff's decedent died the next day from congestive heart failure. Plaintiff, wife of decedent, sued Defendant for malpractice. The jury's verdict found decedent 90% at fault and Defendant 10% at fault, and the trial court entered judgment for Defendant on the jury verdict. Plaintiff appeals. We affirm.

Durnelco, Inc. vs. Double James
E2001-02010-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: W. Frank Brown, III
This case involves the interpretation of a commercial lease agreement. The tenant, Durnelco, Inc. ("Durnelco"), filed a complaint for declaratory judgment, seeking a declaration that it properly terminated the lease agreement on July 31, 2000. Durnelco also asked that it be permitted to remove, at its expense, certain improvements made by it to the leasehold premises, including some flooring, walls, doors, windows, bathroom fixtures, and exterior decking. The present landlord, Double James, LLC ("Double James"), answered and filed a counterclaim asserting that Durnelco had breached the lease and had refused to surrender possession of the premises. It sought damages as a result of Durnelco's alleged holdover tenancy. The trial court allowed Durnelco to remove only two signs and certain light fixtures. The court awarded Double James $7,000 in rent for the period of July through December, 2000. Durnelco appeals. We affirm.

William J. Vincent v. Reid Troutman, Executor, Et Al.
2001-03035-COA-R3-CV
Trial Court Judge: Billy Joe White

April Grant Ingle vs. Robert Wayne Ingle
E2001-02802-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: W. Neil Thomas, III
This is a post-divorce case. The parties were divorced in 1998. On September 21, 2000, April Grant Ingle ("Mother") filed a petition to modify the parties' divorce judgment. She alleged that Robert Wayne Ingle ("Father") had been unemployed at the time of the divorce, and, consequently, was not ordered to pay child support. She further alleged that he had subsequently become employed and that he should now be ordered to pay child support computed pursuant to the Tennessee Child Support Guidelines ("the Guidelines"). Mother also sought to modify Father's visitation as set forth in the divorce judgment. After comparing the parties' respective incomes, the trial court ordered Father to pay child support of $177 per month. Mother appeals. We vacate the trial court's child support award and the effective date of that award. The remainder of the trial court's order is affirmed. This case is remanded to the trial court for such additional proceedings as may be necessary and for the entry of an order consistent with this opinion.

In Re: Madelanie Redman, Ray & Martha Bowen v. Nathan Redman
E2001-02730-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Kindall T. Lawson