Susan Jones vs. Steven Dorrough
E2001-02397-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Wheeler A. Rosenbalm
The origin of this appeal was a divorce proceeding between Steven Travis Dorrough and Susan Diane Jones. The question presented is the rights and responsibilities of the parties to a marital dissolution agreement incorporated in the final divorce decree as it relates to a piece of property located at 3003 Keller Bend Road in Knoxville, which had been the parties' marital residence. We affirm in part, vacate in part and remand.

Roy R. Ferguson v. State of Tennessee
2001-02158-COA-R3-CV

State of Tennessee v. Brandy McQueen
E2001-00033-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Lynn W. Brown
The appellant, Brandy McQueen, pled guilty in the Washington County Criminal Court to one count of facilitation of aggravated robbery, one count of contributing to the delinquency of a minor, and one count of driving on a suspended license. The appellant received a total effective sentence of four years incarceration in the Tennessee Department of Correction. On appeal, the appellant asserts that the trial court erred by denying her request to be placed in the community corrections program. Upon review of the record and the parties' briefs, we affirm the judgments of the trial court.

Pelilia San Juan-Torregosa, et al vs. Engracia Torregosa Garcia, et al.
E2001-02906-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Daryl R. Fansler
Patient in "chronic vegetative state" is on life support, i.e., nutrition by "percutaneous endoscopic gastrostomy". The trial court found by clear and convincing evidence that patient would not want to be subjected to artificial nutrition. However, the court ruled since she had not executed a living will, the court had no authority to authorize discontinuance of the artificial nutrition. On appeal, we reverse.

State of Tennessee v. John Henry Sparrow, III
M2000-3238-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Allen W. Wallace

The Defendant, John Henry Sparrow, III, was convicted by a jury of attempted especially aggravated kidnapping, and sentenced to twelve years in the Department of Correction. In this direct appeal the Defendant raises three issues: whether the evidence is sufficient to support his conviction; whether
the trial court made an improper comment on the evidence in its instructions to the jury; and whether the trial court erred in failing to instruct the jury on the lesser-included offense of attempted false imprisonment. We affirm the judgment of the trial court.

State of Tennessee v. John Henry Sparrow, III - Concurring
M2000-03238-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Allen W. Wallace

For the reasons stated in my opinion concurring in part and dissenting in part in State v. Linnell Richmond, No. E2000-01499-CCA-R3-CD, 2001 Tenn. Crim. App. LEXIS 830 (Tenn. Crim. App. at Knoxville, Oct. 15, 2001), I can only concur in the result reached by the majority in this case.

State of Tennessee v. Kevin Lane Farrar
M2001-01370-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Lee Russell
The defendant was convicted of reckless aggravated assault, a Class D felony, and sentenced as a standard, Range I offender to three years and six months in the Tennessee Department of Correction. Following the denial of his motion for a new trial, he filed a timely appeal to this court, raising three issues: (1) whether the trial court imposed an excessive sentence; (2) whether the trial court erred in allowing the State to impeach a defense witness with a prior misdemeanor conviction for failure to appear; and (3) whether the evidence was sufficient to support his conviction. Based upon our review, we affirm the judgment of the trial court.

State of Tennessee v. John R. Black
M2000-01286-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Steve R. Dozier

A Davidson County grand jury indicted the defendant for one count of aggravated kidnapping, one count of aggravated rape, three counts of aggravated assault, and one count of assault. At the close of a jury trial, he stood convicted of aggravated kidnapping, two aggravated assaults, and one simple assault. He subsequently received a sixteen year sentence for the aggravated kidnapping; seven years each for the two aggravated assaults; and eleven months and twenty-nine days for the assault. The trial court also set count one to run consecutively to count five resulting in an effective sentence of twenty-three years.1 The case is presently before this Court following the trial court’s denial of the defendant’s motion for a new trial. Through this  appeal the defendant avers that (1) the evidence is insufficient to support his conviction for aggravated kidnapping; (2) the trial court erred in allowing the State to present photographic evidence to the  jury; and (3) the trial court erred by permitting the State to amend for a second time the indictment charging him with aggravated rape. After reviewing these issues, we find that none merit relief but remand the case for correction of the judgments.

State of Tennessee v. Keith A. Otey
M2000-01809-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Cheryl A. Blackburn

The Defendant, Keith A. Otey, was convicted one count of driving on a revoked license and one count of possession of .5 grams or more of crack cocaine with the intent to sell or deliver. After a sentencing hearing, the trial court sentenced the Defendant as a Range I standard offender to ten days for the revoked license conviction and ten years and a $2,000 fine for the drug conviction. The sentences were to be served concurrently. On appeal, the Defendant argues that the trial court erred in (1) denying the Defendant's motion to suppress evidence seized from and a statement made by the Defendant as a result of an illegal stop; (2) allowing the State to introduce evidence of a prior cocaine sale made by the Defendant; (3) allowing hearsay evidence regarding the Defendant's prior cocaine sale; and (4) ruling that a ten-year-old incident involving the Defendant giving a false name to a police officer could be used to impeach the Defendant if he chose to testify. We reverse the judgment of the trial court and remand for further proceedings consistent with this opinion.

Eddie Fritz vs. Wanda Fritz
E2001-00145-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: John S. Mclellan, III
Eddie LaMartin Fritz ("Husband") filed for divorce alleging inappropriate marital conduct or, in the alternative, irreconcilable differences. Wanda Lorraine Williams Fritz ("Wife") counter-claimed seeking a divorce on the same grounds. The parties eventually agreed how to divide most of their personal property and stipulated to grounds for the divorce. Wife had opened two savings accounts into which she claims she placed funds for the college education of her two daughters from a previous marriage. The Trial Court concluded the funds in these accounts were not marital property, and Husband challenges this conclusion on appeal. Husband also challenges the Trial Court's holding that he be responsible for all of the credit card debt accumulated during the marriage. We modify the division of property, and affirm the judgment as modified.

State of Tennessee v. Christopher Lynch
E2001-00197-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge D. Kelly Thomas, Jr.

The defendant appeals the revocation of his probation. After a review of the record, we conclude that the defendant stipulated to the violation at the revocation hearing. Furthermore, the defendant had actual notice of an alleged violation based on two positive drug screens. Therefore, the court properly found a probation violation on that basis. Finally, the defendant's failure to pay court costs and restitution as ordered by the court was not due to an inability to pay but was a willful refusal to pay. As such, the trial court did not abuse its discretion in revoking the defendant's probation. The judgment of the trial court is affirmed.

State of Tennessee v. Donald King, Jr.
E2001-00836-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge D. Kelly Thomas, Jr.

The Defendant, Donald King, Jr., pled guilty to three drug offenses (one Class C felony, one Class D felony, and one Class A misdemeanor), two habitual motor vehicle offender offenses, driving under the influence, and felony reckless endangerment. The plea agreement included an effective five year sentence, with the manner of service to be determined by the trial court. After a hearing, the trial court denied an alternative sentence and ordered the Defendant to serve his sentence in the Department of Correction. The Defendant now appeals, contending that the trial court erred in denying him an alternative sentence. We affirm the judgment of the trial court.

State of Tennessee v. Bonnie Stillwell Proffitt Godfrey
E2001-00362-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge D. Kelly Thomas, Jr.
Bonnie Stillwell Proffitt Godfrey appeals the Blount County Circuit Court's revocation of her Community Corrections sentence. Because we hold that substantial evidence supports the finding of a violation, we affirm.

Cory Staples vs. William Clifton
E2001-01385-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: W. Neil Thomas, III
Trial Court entered Judgment for plaintiff on malicious prosecution claim. On appeal, plaintiff seeks an additur. Defendant also appeals, arguing there is no evidence to establish the cause of action and damages were not established. We affirm.

Deborah Keller vs. Donald Keller
E2001-01399-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: John B. Hagler, Jr.
Appellant held in contempt by Trial Judge was ordered not to have any guns whatsoever around the parties' minor child. We affirm.

Donna Bunker vs. Roger Finks
E2001-01496-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: L. Marie Williams
Donna J. (Finks) Bunker ("Mother") and Roger Finks ("Father") were divorced in Ohio in 1993. The parties had two minor children. Mother and the children relocated to Chattanooga, Tennessee, and Father stayed in Ohio. The Ohio Divorce Decree was brought properly before the Tennessee Trial Court. Father filed a petition seeking a change of custody and visitation, while Mother filed a cross-petition seeking an increase in child support. The Trial Court found that while Father proved a material change in circumstances, he failed to carry his burden of showing that a change of custody was warranted. The Trial Court also restricted Father's visitation with the children to take place only in Chattanooga. The Trial Court did not increase Father's child support obligation. Both Father and Mother raise issues on appeal. Father's issues on appeal concern custody and visitation, primarily of the parties' younger child ("Younger Child"). We affirm, as modified, and remand.

William Lindgren & Melanie Lindgren vs. City of Johnson City
E2001-01676-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Jean A. Stanley
Plaintiff was injured by falling on defendant's sewer covering. The Trial Court found for plaintiff and awarded damages against City. On appeal, we affirm finding of liability, but vacate award of damages and remand with instructions to determine the total amount of damages, find percentage of fault, and then enter judgment in accordance with the Governmental Tort Liability Act. We Affirm in Part, Vacate in Part and Remand.

Hutter vs. Bray, Cohen, Kressin, Hash, Norton, Luhn
E2001-02408-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: James B. Scott, Jr.
In plaintiff's action for conspiracy, fraud and malicious harassment, the Trial Court dismissed the action for failure to state a claim for which relief could be granted. We affirm.

Watson's Carpet and Floor Coverings, Inc. vs. Rick McCormick, et al
M2000-03101-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Houston M. Goddard

David O'Connell v. Metro Government of Nashville/Davidson County
M2001-00491-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Walter C. Kurtz
The plaintiff in this inverse condemnation action alleged that the State took two parcels of land that belonged to him for a road-widening project, paying compensation to the wrong parties. The trial court referred the question of ownership of the disputed parcels to a special master, who determined that the plaintiff was not entitled to compensation for one of the parcels because title had passed to another party by adverse possession. The trial court affirmed the findings of the special master. We affirm the trial court.

In The Matter of the Estate of Nellie Ellis, Charles W. Moore. v. Clyde Green
M2000-01516-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Frank G. Clement, Jr.
This case involves the interpretation of a remainder interest granted in a will. The decedent's husband bequeathed to the decedent a life estate in stock in a family-owned business, with the remainder to go 50% to his "living heirs" and 50% to "some deserving person in the music department at Belmont College." After her husband's death, the decedent purchased the remainder interest in the stock from all of the remaindermen. By virtue of this purchase, the decedent presumed that she owned the stock outright. At her death, her will included a bequest of the stock. Her heirs brought this declaratory judgment action, seeking a declaration that the decedent did not own the stock at her death. They argued that the decedent's purchase of the remainder interest in the stock was invalid because the remaindermen did not own a vested interest in the stock at the time of the husband's death. The trial court found that the case was barred by the statute of limitations and that the decedent had, in fact, acquired 100% ownership in the stock. The heirs now appeal. We affirm, finding that the remaindermen in the husband's will acquired a vested, transmissible remainder interest in the stock at the husband's death.

Deborah R. Smith and Alan Smith vs. Taco Bell Corporation
E2001-01796-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Wheeler A. Rosenbalm
The trial court awarded Deborah Smith ("Plaintiff") $250,000 for injuries received as a result of her fall at Taco Bell. Plaintiff's husband was awarded $10,000 for his loss of consortium claim. On appeal, Taco Bell Corporation ("Defendant") contends the trial court committed reversible error by failing to rule at trial on Defendant's objections made during the depositions of the two primary treating physicians. Defendant also claims the medical proof was insufficient to establish a causal connection between Plaintiff's fall at Taco Bell and her medical condition. We affirm.

E2001-02086-COA-R3-CV
E2001-02086-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Thomas R. Frierson, II

Ronald Meredith vs. James Stair
E2001-02852-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: James B. Scott, Jr.
In this suit seeking damages for breach of contract, Ronald C. Meredith, Jr., and Clinton Broadcasters, Inc., were granted a judgment against James F. Stair in the amount of $84,326. Mr. Stair appeals. His single issue insists that the Trial Court was in error in finding a breach of contract. We disagree and affirm.

Randy Arnwine v. Union County Board of Education,
E2001-02719-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Billy Joe White