Jerry T. Beech, Concrete Contractor, Inc., v. Mary Henderson
01A01-9507-CH-00308
Authoring Judge: Senior Judge William H. Williams
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

This case concerns the payment on a contract for installation of a concrete driveway. Jerry T. Beech Concrete Contractor, Inc. (hereinafter, "Beech") filed suit against Mary Henderson (hereinafter, "Henderson") on a sworn account for nonpayment of the contract price for installing a concrete driveway and a box drain. Following a bench trial, the trial court found that Beech and Henderson had contracted to install a driveway and a box drain, but the trial court determined that Beech had installed the driveway in an unworkmanlike manner causing it to have defects. As a result, the trial court awarded Beech the contract price offset by the amount of property damage Henderson allegedly suffered. Beech appealed, and the appeal is properly before this Court. We affirm in part and reverse in part.

Ellers, Oakley, Chester, and Rike, Inc., v. DPIC Companies Security Insurance Company of Hartford, et al.
02A01-9501-CV-00008
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Judge Janice M. Holder

This matter appears appropriate for consideration pursuant to Rule 10(a) of the Rules of the Court of Appeals of Tennessee.1

Anne Adams Hurdle, by and through her Attorneys-in-Fact, Walker Hardy Hurdle, III and William F. Hurdle, and Walker Hardy Hurdle, III and William F. Hurdle, Individually, v. William W. Dunlap, Jr and Wife, Mary Ann Hurdle
02A01-9502-CV-00023
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Judge Robert A. Lanier

This matter appears appropriate for consideration pursuant to Rule 10(a) of the Rules of the Court of Appeals of Tennessee.

Michelle Lynn Durham and husband, Robert Wayne Durham, v. Luther Well an wife, Sue Well, individually and D/B/A Webb's British Petroleum Station and W. Paul Arnold, individually and D/B/A Arnold Construction Co.
02A01-9502-CV-00033
Authoring Judge: Senior Judge Hewitt P. Tomlin
Trial Court Judge: Judge Dick Jerman, Jr.

Michelle Lynn Durham and Robert Wayne Durham (“plaintiffs” or by name)1 brought this suit in the Circuit Court of Gibson, County against Luther Webb and wife Sue Webb, individually and d/b/a Webb’s British Petroleum Station (“defendants”),2 seeking damages for defendant’s alleged negligence that caused plaintiff Michelle Durham to fall in defendant’s parking lot, causing injuries. The trial court granted defendant’s motion for summary judgment, from which this appeal is taken. The sole issue presented is whether the trial court erred in granting defendant’s motion for summary judgment. We find no error and affirm.

Ira H. Murphy v. Board of Professional Responsibility
02S01-9503-CH-00031
Authoring Judge: Chief Justice E. Riley Anderson
Trial Court Judge: Chancellor John Hill Chisholm

The issue raised by this appeal is whether the petitioner, a disbarred attorney, has satisfied the requirements for reinstatement of his license to practice law contained in Rule 9, § 19.3, Rules of the Supreme Court, by clear and convincing proof. A Hearing Panel of the Board of Professional Responsibility concluded that the petitioner had failed to carry the burden of proof for reinstatement. The Chancery Court, however, reviewed the Hearing Panel decision and held the petitioner was entitled to "conditional reinstatement" of his license to practice law.
 

State of Tennessee v. Brian Keith Kimbro
02S01-9503-CR-00028
Authoring Judge: Justice Adolpho A. Birch, Jr.
Trial Court Judge: Judge Arthur T. Bennett

We review this cause in order to address an issue of first impression: whether attempt to commit felony-murder exists as an offense in Tennessee. We conclude that it does not and affirm the judgment of the Court of Criminal Appeals reversing the appellee's conviction.

Charles M. Cary, Jr. v. Cathy Ann Cary
02S01-9505-CV-00035
Authoring Judge: Chief Justice E. Riley Anderson
Trial Court Judge: Judge C. Creed McGinley

We granted this appeal to determine whether a provision in an antenuptial agreement by which a prospective spouse waives alimony is void because it violates public policy. The trial court held that such a provision in an antenuptial agreement, which waived alimony, was valid and enforceable and, therefore, denied the spouse’s application for alimony. The Court of Appeals, however, reversed, holding that the waiver of alimony provision was void as against public policy, and remanded to the trial court to consider whether to award alimony.

State of Tennessee v. Richard Odom AKA Otis Smith - Concurring/Dissenting
02-S-01-9502-CR-00014
Authoring Judge: Chief Justice E. Riley Anderson

I fully concur in the majority’s decision affirming the conviction in this case.  I also agree with the majority that the trial court’s refusal to admit into evidence as mitigation the testimony of Dr. John Hutson was error which requires a reversal and a remand for re-sentencing. However, I dissent from the majority’s analysis of the constitutionality and sufficiency of the evidence to support the aggravating circumstance, Tenn. Code Ann. § 39-13-204(i)(5), as amended in 1989.

State of Tennessee v. Richard Odom - Concurring/Dissenting
02S01-9502-CR-00014
Authoring Judge: Justice E. Riley Anderson

I fully concur in the majority’s decision affirming the conviction in this case. I also agree with the majority that the trial court’s refusal to admit into evidence as mitigation the testimony of Dr. John Hutson was error which requires a reversal and a remand for re-sentencing. However, I dissent from the majority’s analysis of the constitutionality and sufficiency of the evidence to support the aggravating circumstance, Tenn. Code Ann. § 39-13-204(i)(5), as amended in 1989.

State of Tennesee v. Mario Lamont Wilson
02S01-9505-CC-00045
Authoring Judge: Justice Penny J. White
Trial Court Judge: Judge John Franklin Murchison

A jury convicted defendant, Mario Lamont Wilson, of three counts of aggravated assault and of felony reckless endangerment and possession of a deadly weapon with the intent to commit a felony. The Court of Criminal Appeals affirmed Wilson’s felony reckless endangerment conviction and sentence, but reversed and dismissed the convictions for aggravated assault and possession of a deadly weapon. We granted permission to appeal to consider whether the Court of Criminal Appeals erred when it dismissed Wilson’s convictions for aggravated assault.1 Although we conclude that Wilson’s convictions for aggravated assault may not stand, we do not adopt entirely the reasoning of the Court of Criminal Appeals. Rather, we affirm the dismissal of the aggravated assault charges because the evidence is insufficient to prove that Wilson intentionally and knowingly caused another to reasonably fear imminent bodily injury.

Lillian D. Vega-Horta, et al., v. Wyeth-Ayerst Laboratories Company, et al.
03A01-9706-CV-00226
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge Dale C. Workman

Plaintiff, Lillian Vega-Horta (“plaintiff”), appeals the judgment of the trial court granting defendant’s, St. Mary’s Medical Center (“St. Mary’s”) Motion for Summary Judgment. For reasons state hereinafter, we affirm the trial court’s judgment.

02A01-9411-CV-00255
02A01-9411-CV-00255
Trial Court Judge: Janice M. Holder

02A01-9412-CV-00269
02A01-9412-CV-00269
Trial Court Judge: Phil B. Harris

02A01-9412-CV-00269
02A01-9412-CV-00269
Trial Court Judge: Phil B. Harris

02A01-9410-CH-00232
02A01-9410-CH-00232
Trial Court Judge: J. Steven Stafford

01A01-9505-CH-00218
01A01-9505-CH-00218
Trial Court Judge: Robert S. Brandt

01A01-9512-CH-00562
01A01-9512-CH-00562
Trial Court Judge: Charles D. Haston, Sr.

Vicky v. Klein
01A01-9601-CV-00043
Trial Court Judge: Muriel Robinson

The Recent Case of Gene v. Aaby v. Judy Aaby Strange, ____S.W.2D____,
03A01-9511-CV-00403
Trial Court Judge: Inman

Ester v. Hayes And
03A01-9602-CV-00054
Trial Court Judge: Inman

03A01-9601-CH-00033
03A01-9601-CH-00033
Trial Court Judge: Inman

03A01-9512-CV-00448
03A01-9512-CV-00448
Trial Court Judge: Inman

03A01-9601-CV-00003
03A01-9601-CV-00003
Trial Court Judge: Inman

State vs. Joseph Tipler
W2000-00168-CCA-R3-PC
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Carolyn Wade Blackett
The petitioner appeals the trial court's dismissal of his petition for post-conviction relief. The record supports the trial court's determination that the petitioner failed to establish his claims that he received ineffective assistance of counsel when trial counsel (1) failed to obtain a transcript of the preliminary hearing and (2) failed to move for a severance of offenses. Accordingly, we affirm.

03C01-9508-CC-00228
03C01-9508-CC-00228
Trial Court Judge: W. Lee Asbury