Opinions

State vs. Walter Ellison
01C01-9708-CR-00361
Trial Court Judge: L. Terry Lafferty

Charles E. Jones v. State of Tennessee
W2007-01086-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Lee V. Coffee

Haren Construction v. Metro Nashville and Davidson County
M2002-01135-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Ellen Hobbs Lyle
This appeal involves a contract between the Appellant Haren Construction Company, Inc. (HCCI) and the Appellee Metropolitan Government (Metro). The construction company brought suit claiming Metro breached its contract with HCCI in "constructive suspension" of work. In addition the construction company claimed that Metro interfered with the company's contract for equipment supply from a third party. The trial court granted Metro's two motions for summary judgment, the first concerning Metro's alleged liability under the Governmental Tort Liability Act, the second concerning the action for breach of contract. HCCI appeals the grant of summary judgment. We affirm.

State vs. Pierson
03C01-9709-CR-00334
Trial Court Judge: Phyllis H. Miller

State vs. Sutton
03C01-9706-CR-00216

State vs. William Jordan
01C01-9703-CC-00100
Trial Court Judge: William B. Cain

Keith Wooten vs. State
01C01-9703-CR-00111
Trial Court Judge: J. O. Bond

Miller vs. Willbanks
03A01-9709-CV-00411
Trial Court Judge: John K. Wilson

Rubin vs. Rubin
03A01-9711-CV-00502

O1C01-9703-CC-00112
O1C01-9703-CC-00112

Dukes & Dukes vs. State
03C01-9703-CC-00112
Trial Court Judge: W. Lee Asbury

Welch vs. State
03C01-9702-CR-00043
Trial Court Judge: Lynn W. Brown

State vs. Shirley
03C01-9610-CR-00369

State vs. Shirley
03C01-9610-CR-00369
Trial Court Judge: Mayo L. Mashburn

Elizabeth Anne Flickner v. Crete Carrier Corp.
03S01-9708-CH-00095
Authoring Judge: William H. Inman, Senior Judge
Trial Court Judge: Hon. Sharon Bell,
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with T.C.A. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. Ms. Flickner is 55 years old, has eight years of formal education, and has worked as a truck driver for most of her adult life. She testified that she injured her back in 1975 in a work-related accident in Florida, that she underwent back surgery after the injury, and that she received Florida workers' compensation benefits for that injury. Exhaustive attempts by the parties failed to discover her Florida workers' compensation records owing to the 2-year time lapse. Ms. Flickner testified that after the 1975 injury she recovered and was able to work full-time at various jobs, mostly truck driving, for the next 2 years. On June 16, 1995, she injured her lower back while driving a truck for Crete Carrier Corporation, and the extent of her vocational disability from that injury is the issue before us. After the 1995 injury, Ms. Flickner was treated by Dr. Robert E. Finelli, who diagnosed lumbar disk defects at L3/4 and L4/5, and scar tissue from her previous surgery at L3/4 and L5/S1. He performed extensive lumbar surgery on September 18, 1995. Vocational Rehabilitation Specialist Dr. Julian Naldosky testified for the employee that she could no longer perform her truck driving job and had no skills which would transfer to a semi-skilled, light or sedentary job. He opined that jobs available to her in her disabled condition, in light of her employment background, abilities and education, and assuming her ability to tolerate sitting and standing throughout the workday, would include cashier in a restaurant or parking lot, ticket seller, retail receiving clerk, automobile self-serve service station attendant, gate tender, security monitor, hardware assembler, gasket inspector, packager of small parts or small products, and a bottling line 2

01C01-9703-CR-00091
01C01-9703-CR-00091

01C01-9704-CC-00126
01C01-9704-CC-00126
Trial Court Judge: J. Curwood Witt

I Concur In The Results In This Case. In State v. Milton S. Jones, Jr., No.
01C01-9704-CC-00126
Trial Court Judge: Gary R. Wade

State vs. Virginia Gann
01C01-9704-CC-00164
Trial Court Judge: Gerald L. Ewell, Sr.

Suntrust Bank vs. Johnson
M1997-00202-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Ernest B. Pellegrin
This appeal involves a dispute between a commercial bank and the Tennessee Department of Revenue regarding the bank's claim for a refund of the sales taxes paid in connection with defaulted retail installment sales contracts purchased from various automobile dealers. After the Department denied its refund claim, the bank sued the Commissioner of Revenue in the Chancery Court for Davidson County seeking a refund. Both parties eventually sought a summary judgment. The trial court granted the Commissioner's motion for summary judgment after concluding that it did not have jurisdiction to consider the bank's claim. Alternatively, the trial court held that the bank was not entitled to the requested refund because it was not the dealer who originally remitted the sales tax to the Department. We have determined that the trial court erred by determining that it lacked jurisdiction to consider the bank's refund claim. However, we have also determined that the trial court correctly concluded that the bank was not entitled to the requested refund because it was not the dealer who remitted the sales tax at issue.

State vs. Hodge
03C01-9704-CC-00160

State vs. James Young
01C01-9605-CC-00208
Trial Court Judge: J. S. Daniel

State vs. James Young
01C01-9605-CC-00208
Trial Court Judge: J. S. Daniel

State vs. John Bakenhus
01C01-9705-CC-00165
Trial Court Judge: Robert W. Wedemeyer

In State v. Preston, 759 S.W.2D 647 (Tenn. 1988), Our Supreme Court Held:
01C01-9708-CR-00362