Cecilia Nault v. Mootz, Inc., d/b/a Seasons Restaurant & Ohio Casualty Group
03S01-9903-CH-0003O
Authoring Judge: John K. Byers, Senior Judge
Trial Court Judge: Hon. Frank Brown,
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. Review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the finding, unless the preponderance of the evidence is otherwise. TENN. CODE ANN. _ 5-6-225(e)(2); Stone v. City of McMinnville, 896 S.W.2d 548, 55 (Tenn. 1995). The application of this standard requires this Court to weigh in more depth the factual findings and conclusions of the trial courts in workers' compensation cases. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). The trial court denied the plaintiff's claim for workers' compensation benefits and dismissed the complaint. We affirm the judgment of the trial court.

State of Tennessee v. Jeremy M. Batey
M1999-00245-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge J. Randall Wyatt, Jr.

A Davidson County jury convicted the appellant, Jeremy M. Batey, of one count of reckless homicide, a Class D felony. The trial court sentenced the appellant as a Range I offender to three years incarceration in the local workhouse. On appeal the appellant contends that the trial court erred in denying him an alternative sentence solely on the basis that the crime involved a death. We hold that where the legislature has provided for alternative sentencing in certain homicide offenses, the denial of an alternative sentence solely on the basis of the victim’s death is erroneous. However, in the instant case the circumstances of the offense, including illegal drug and alcohol use which contributed to the offense, and the appellant’s history of alcohol and drug abuse, including the use of marijuana 2 ½ years after the offense and approximately four months prior to his trial justify the denial of alternative sentencing.

In re: Estate of Marguerite Mongold Cranor
M1997-00231-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Chancellor Tom E. Gray

This appeal involves a dispute over a sizeable estate. After learning that they had been excluded from their relative’s will, thirteen of the testatrix’s heirs challenged the will in the Chancery Court for Sumner County on the grounds of improper execution, lack of testamentary capacity, and undue influence. The proponents of the will asserted that the contestants lacked standing because their challenge, even if successful, would only revive an earlier will from which they had likewise been excluded. The trial court found that the contestants had standing but, following a bench trial, determined that the contestants had failed to prove their improper execution, lack of testamentary capacity, or undue influence claims. On this appeal, the contestants take issue with the decision to uphold the will; while the proponents take issue with the conclusion that the contestants had standing to challenge the will. We have determined that the contestants had standing to challenge the will and that the trial court properly determined that the will should be admitted to probate in solemn form. Accordingly, we affirm the judgment. Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Chancery Court Affirmed and Remanded.
 

Donnie Shawn Julian v. Lisa Carol Julian
M1997-00236-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge John B. Melton

This appeal involves a custody dispute over twin daughters born after their parents separated following a brief marriage. The father filed for divorce in the Putnam County General Sessions Court shortly after learning that the mother was pregnant, and the mother counterclaimed for divorce and for sole custody of the unborn children. Following a bench trial, the general sessions court granted the father a divorce based on the mother’s inappropriate marital conduct, awarded the father sole custody of the children, and directed the mother to pay child support. On this appeal, the mother asserts that the general sessions court’s decision interferes with her constitutional right to make primary care-taking decisions for her children, that she is comparatively more fit than the father to be the custodial parent, and that the general sessions court should have awarded joint custody. We have determined that the custody arrangement does not impermissibly interfere with the mother’s parental rights and that the evidence fully supports the general sessions court’s custody decision. Accordingly, we affirm the judgment awarding sole custody to the children’s father. Tenn. R. App. P. 3 Appeal as of Right; Judgment of the General Sessions Court Affirmed and Remanded
 

State of Tennessee v. Eric Flemming
M1997-0073-SC-R11-CD
Authoring Judge: Justice William M. Barker
Trial Court Judge: Judge Seth W. Norman

We granted the appeal in this case to decide (1) whether fists and feet are deadly weapons
under Tennessee Code Annotated section 39-11-106(a)(5)(B); and (2) whether the trial court’s failure to instruct the jury on criminal responsibility for facilitation of especially aggravated robbery and aggravated robbery was reversible error. We conclude that fists and feet are not deadly weapons under Tennessee Code Annotated section 39-11-106(a)(5)(B). In addition, we conclude that the trial court committed reversible error in failing to instruct the jury on facilitation of aggravated robbery and especially aggravated robbery. Accordingly, we affirm the judgment of the Court of Criminal Appeals and remand this case to the trial court for a new trial. Tenn. R. App. P. 11 Permission to Appeal; Judgment of the Court of Criminal Appeals Affirmed
 

Federated Insurance Company v. Francis I. Lethcoe, et al.
E1997-00048-SC-WCM-CV
Authoring Judge: Justice William M. Barker
Trial Court Judge: Judge Earl H. Henley

This is an appeal from the Chancery Court for McMinn County which, pursuant to Tennessee Rule
of Civil Procedure 60.02(5), modified a judgment that was previously entered in accord with a
settlement agreement between the parties. The appellants appealed and contended that the trial court improperly modified the judgment and reduced the benefits they were to receive according to the agreement. The Special Workers’ Compensation Appeals Panel affirmed the judgment of the trial court, and the appellants filed a motion for full review by this Court to determine whether a party can seek modification of a workers’ compensation judgment for a fixed sum to be paid periodically almost two years after entry of judgment. We hold that where a party agrees to settle a workers’ compensation claim, and the trial court approves the settlement, the settling party is generally not entitled to relief pursuant to Rule 60.02(5). Accordingly, we reverse the judgments of the trial court and the Special Workers’ Compensation Appeals panel and remand this case to the trial court for further proceedings.

Venessa Lynn Totty v. Michael Alan Totty - Concurring
W1999-02426-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Kay S. Robilio

I concur with the results reached by the majority in this case. With respect to the issue of counseling, I agree with the majority that the statute has become inapplicable in the present case due to the child having reached majority. I write separately because of my concern that the majority
opinion might be interpreted as limiting a trial court’s discretion to order counseling to that specifically set forth in T.C.A. § 36-6-101(e)(1), the text of which is set forth in the majority opinion. I interpret the statute to be permissive rather than prohibitive. For example, I can envision a trial court ordering a non-custodial parent to undergo counseling for anger management as a condition of exercising visitation rights. I do not believe the aforementioned statute prohibits this.

State vs. Michael A. Daniel
M1998-00092-CCA-R3-CD
Authoring Judge: Judge David H. Welles

M1998-00323-CCA-R3-CD
M1998-00323-CCA-R3-CD

Davis, et al vs. Eubanks and DHS
M1999-00066-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Irvin H. Kilcrease, Jr.

Crowell vs. Brown
M1999-00505-COA-R3-CV
Authoring Judge: Judge David Michael Swiney

Basily vs. Rain, Inc., et al
M1998-00917-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Thomas W. Brothers

State vs. Gregory Lavell Carson, Jr.
M1999-00315-CCA-R3-CD
Authoring Judge: Sr. Judge L. Terry Lafferty
Trial Court Judge: J. Stephen Daniel

Estate of Divinny vs. Wheeler Bonding Co.
M1999-00678-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Frank G. Clement, Jr.

Frances Jean Hernandez v. Philip Andreus Hernandez
M1999-00967-COA-R3-CV
Authoring Judge: Senior Judge William H. Inman
Trial Court Judge: Judge Marietta M. Shipley

The appellant owned an undivided one-third interest in a residence prior to his marriage to the appellee. They occupied the residence for about two years, during which time the evidence reveals that the appellee engaged herself in constant repairs, thereby increasing the liveability and value of the residence. She was awarded 75% of the increase in the value of this residence during the marriage, of which the appellant complains.

M1999-01517-CCA-R3-PC
M1999-01517-CCA-R3-PC

Amos vs. Vanderbilt
M1999-00998-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Hamilton V. Gayden, Jr.

Michael Allen Hamlin vs. State
M1999-00936-CCA-R3-PC
Authoring Judge: Judge Joe G. Riley

State vs. Susan L. Adams a/k/a Shannon Adams
M1999-01200-CCA-R3-CD
Authoring Judge: Sr. Judge L. Terry Lafferty
Trial Court Judge: Cornelia A. Clark

01C01-9807-CR-00298
01C01-9807-CR-00298
Trial Court Judge: Walter C. Kurtz

01C01-9905-CC-00180
01C01-9905-CC-00180
Trial Court Judge: Donald P. Harris

Wendy Byrne vs. Steven Byrne
W1999-01492-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford

Louise Holder vs. First TN Bank
W1998-00890-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Robert S. Benham

Peggy Shephard vs. Wal-Mart
W1998-00903-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: C. Creed Mcginley

Jean Straub vs. Jason Roberts
W1998-00854-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Kay S. Robilio