Jack Charles Blankenship v. Donal Campbell, et al
M2001-01014-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Carol L. Mccoy
This appeal involves a dispute between a prisoner and the Tennessee Department of Correction regarding the prisoner's sentence credits and eligibility for parole. The prisoner filed a petition for declaratory judgment in the Chancery Court for Davidson County requesting the correction of his sentence and an immediate parole hearing. The Department filed a motion for summary judgment based on laches. When the prisoner failed to respond to the motion, the trial court granted the summary judgment in accordance with Davidson County Local R. 26.04(c), (f). Thereafter, the trial court denied the prisoner's motion to set aside the summary judgment, and the prisoner has appealed. We have determined that the summary judgment must be vacated because the Department's motion and supporting affidavit do not demonstrate that it is entitled to a judgment on its laches defense as a matter of law.
Davidson
Court of Appeals
Estate of Theresa Cunningham
M2001-01965-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Floyd Don Davis
The plaintiff filed a claim against the estate of the deceased more than eighteen months after the first publication of notice to creditors and twenty months after her death. The trial court granted him a judgment against the estate for the full amount of his claim. We reverse.
Franklin
Court of Appeals
James Emmett Moses, Jr. v. State of Tennessee
W2001-01394-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Joseph H. Walker, III
The Petitioner pleaded guilty to one count of aggravated burglary, two counts of robbery and one count of theft under $500.00. Following a sentencing hearing, the trial court sentenced the Petitioner as a Range III persistent offender to twelve years for the aggravated burglary conviction, thirteen years for each of the robbery convictions, and eleven months and twenty-nine days for the misdemeanor theft conviction. The sentencing court imposed consecutive sentences for the robbery convictions, resulting in an effective sentence of twenty-six years in the Tennessee Department of Correction. This Court affirmed the sentences on appeal, and the Tennessee Supreme Court denied the Petitioner's application for permission to appeal. The Petitioner subsequently filed for post-conviction relief, claiming that his plea was constitutionally defective because he was inadequately represented and that his plea was not voluntarily, knowingly, and intelligently entered. The trial court denied relief. After review, we affirm the judgment of the trial court.
Lauderdale
Court of Criminal Appeals
W2001-01941-COA-R3-JV
W2001-01941-COA-R3-JV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Christy R. Little
The defendant, Billy Harold Arnold, appeals his misdemeanor theft conviction for which the Sullivan County Criminal Court sentenced him to eleven months twenty-nine days, all suspended except for thirty days confinement, "day for day." He contests the sufficiency of the evidence, the admission into evidence of prior similar conduct, and his sentence. We affirm the trial court, although we also note that a "day for day" term of confinement does not bar application of relevant good conduct credit statutes.
Sullivan
Court of Criminal Appeals
State vs. Walter Lee Allen
E1998-00416-SC-R11-CD
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: Ben W. Hooper, II
Jefferson
Supreme Court
State vs. Walter Lee Allen
E1998-00416-SC-R11-CD
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: Ben W. Hooper, II
Defendant, Jeret Phillips, appeals from the order of the Sullivan County Criminal Court which revoked Defendant's probation and required him to serve his sentence in the Tennessee Department of Correction. After a thorough review of the record, we affirm the judgment of the trial court.
Sullivan
Court of Criminal Appeals
Steven Bohanon, et al vs. Jones Bros., Inc.
M1998-00954-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Ernest B. Pellegrin
This appeal involves a property damage claim arising from blasting activities incident to the construction of improvements to State Highway 52 in Macon County. Two neighboring property owners filed suit against the contractor responsible for the blasting in the Circuit Court for Macon County seeking actual and punitive damages. A jury returned a verdict for the contractor, and the trial court denied the property owners' post-trial motions. The property owners assert on this appeal that the trial court erred by permitting the introduction of incompetent evidence regarding compliance with the Tennessee Blasting Standards Act of 1975 and by failing to give a promised curative instruction. They also challenge the evidentiary support for the verdict. We have determined that the trial court did not commit reversible error either by admitting the evidence regarding the contractor's seismic monitoring or by overlooking the requested curative instruction. We also decline to second-guess the verdict to the extent that it rested on an assessment of the property owners' credibility regarding the nature and extent of the damages caused by the blasting. Accordingly, we affirm the judgment.
Macon
Court of Appeals
Cecelia Hutcheson v. Andrew W. Hutcheson
M2000-02340-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Arthur E. Mcclellan
On August 18, 2000, Appellant was held to be in civil contempt of court for failure to pay alimony and failure to deliver property to his former wife in compliance with the previous divorce judgment in the case. We affirm the judgment of the trial court.
Omawali Shabazz, aka Fred Edmond Dean vs. Greeley Wells
E2001-02315-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: R. Jerry Beck
In this suit, wherein Omawali Ashanti Shabazz, a/k/a, Fred Edmond Dean, seeks to acquire certain materials held in the office of the District Attorney General. The Trial Court denied the relief he sought because, under Tenn.R.Crim. P. 16, he was not entitled to the material while a post-conviction proceeding was pending. We affirm.
Sullivan
Court of Appeals
Omawali Shabazz, aka Fred Edmond Dean vs. Greeley Wells
E2001-02315-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: R. Jerry Beck
In this suit, wherein Omawali Ashanti Shabazz, a/k/a, Fred Edmond Dean, seeks to acquire certain materials held in the office of the District Attorney General. The Trial Court denied the relief he sought because, under Tenn.R.Crim. P. 16, he was not entitled to the material while a post-conviction proceeding was pending. We affirm.
The appellant, Timothy S. Oglesby, pled guilty to the offense of felonious possession of a weapon. He received a two (2)-year sentence. Contemporaneously with the entry of the guilty plea the appellant and the State entered an agreed order purporting to reserve a certified question of law for appeal pursuant to Tennessee Rule of Criminal Procedure 37(b)(2)(i). The certified question of law alleged to be dispositive of the case is stated in the agreed order as “the denial of his suppression motion.” We hold that the absence in the judgment of the certified question of law or of a statement incorporating the agreed order into the judgment compels a dismissal of this appeal. In addition, the failure of the agreed order to set forth the certified question with sufficient specificity compels the dismissal of this appeal even if the agreed order had been incorporated by reference into the judgment.
Coffee
Court of Criminal Appeals
Marilyn Yount v. Bruce Yount
M2001-01335-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Carol A. Catalano
The trial court granted a divorce to the wife, and awarded her alimony in futuro of $2,000 per month. The husband argues on appeal that the wife does not need any alimony, and that he himself does not have the ability to pay the alimony. The proof shows that he does indeed have the ability to pay, but that the wife's needs are more appropriately served by an award of rehabilitative alimony. We modify the alimony award accordingly.
Montgomery
Court of Appeals
David Schwab v. David Miller
M2001-00932-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: R.E. Lee Davies
The Chancery Court of Williamson County held that in order to claim a major benefit of an employment contract the employee had to be employed when the other contingencies in the contract were met. We affirm the lower court's interpretation.
Pipelines for the transport of petroleum products were installed sub-surface by various companies which acquired easements over affected freeholds. These pipelines were assessed as real estate for purposes of taxation. Petitions for Review were filed by the Pipeline Companies alleging that the pipelines were personal property. The decision of the Board of Equalization is reversed.
Williamson
Court of Appeals
Eagle Vision vs. Odyssey Medical
W2001-01772-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: D. J. Alissandratos
This is an action for misappropriation of trade secrets in which the manufacturer of a surgical product allegedly misappropriated the product design and marketed a competing product after the developer discontinued its relationship with manufacturer. Trial court granted summary judgment in favor of manufacturer on all claims. We reverse and remand.
Shelby
Court of Appeals
State/Mae Clark vs. Charles Clark
W2001-01896-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Clayburn L. Peeples
This appeal involves an obligor parent's failure to comply with court ordered child support obligations. The State of Tennessee, on behalf of a custodial parent, sought to reduce arrearage in the obligations to judgment. The State was successful and the custodial parent was awarded $14,000.00 in arrearage. The obligor parent appealed and, for the following reasons, we affirm the lower court's decision.
Haywood
Court of Appeals
Alfred/Florence Garionis vs. Andre Pride & Charles Holland
W2001-01682-COA-R3-CV
Authoring Judge: Judge William B. Acree
Trial Court Judge: Robert L. Childers
The plaintiffs filed a suit for personal injuries arising out of an automobile accident. Through their attorney, they reached a settlement of their claims. Thereafter, they sought to set aside the settlement upon the grounds that they had not authorized their attorney to accept the defendants' offer. Following an evidentiary hearing, the trial court found that the plaintiffs had authorized their attorney to settle the case and entered an order enforcing the settlement. We hold that the findings of the trial court are supported by a preponderance of the evidence and affirm the lower court.
Shelby
Court of Appeals
Don Long vs. Ralph & Edna Langley
W2001-01490-COA-R3-CV
Authoring Judge: Judge William B. Acree
Trial Court Judge: George R. Ellis
This a lawsuit between the two stockholders of Gene Langley Ford, Inc., an automobile dealership. The issues involve the percentage of ownership owned by the two stockholders and whether the defendant paid himself an excessive salary for managing the business. The Chancellor held that the plaintiff owns forty-nine (49%) of the stock and the defendant owns fifty-one percent (51%). He further held that the defendant's salary was not excessive. We reverse the Chancellor's decision regarding the ownership of the stock and hold that each party owns fifty percent (50%). We affirm the Chancellor's decision that the defendant's salary was reasonable.
Gibson
Court of Appeals
Joyce Howell vs. Phillip Howell
W2001-01167-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Joe C. Morris
Madison
Court of Appeals
Joyce Howell vs. Phillip Howell
W2001-01167-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Joe C. Morris
Madison
Court of Appeals
Shelia Bland vs. Jerry Bland
W2001-01705-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Joe C. Morris
Husband appeals from a final decree of divorce as to the amount of alimony awarded and the award of attorney fees. We affirm and modify.
Henderson
Court of Appeals
Angela Lem Mons v. P & P Enterpr Ises, Llc
M2001-00616-WC-R3-CV
Authoring Judge: Howell N. Peoples, Special Judge
Trial Court Judge: James E. Walton, Judge
The employee appeals the finding of the trial court that she failed to carry her burden of proof that her injuries arose out of and in the course of her employment. We affirm the judgment of the trial court.
