Opinions

Scottie Allen Yant v. Arrow Exterminators, Inc.
01A01-9801-CV-00004
Authoring Judge: Presiding Judge Ben H. Cantrell
Trial Court Judge: Judge Barbara N. Haynes

The manager of an exterminating company brought criminal charges against the owner of a competing company for the alleged theft of a piece of equipment. The general sessions court determined that probable cause existed, but the grand jury declined to indict. The defendant in the criminal case subsequently filed suit for malicious prosecution. The trial court granted summary judgment to the civil defendant. We affirm.

State of Tennessee, ex rel., Kimberly Norfleet v. Tommy Dobbs, Jr.
01A01-9805-CV-00228
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Muriel Robinson

This appeal involves a parent’s efforts to avoid paying child support for her two children. Approximately two years after the Circuit Court for Davidson County awarded custody of the parties’ two children to their father, the children’s mother, with the assistance of a lawyer furnished by the IV-D contractor for Davidson County, filed a petition to eliminate her child support obligation because she was unemployed and her only income was Supplemental Security Income (“SSI”) payments. Following a bench trial, the trial court denied the mother’s petition on the ground that she was voluntarily unemployed. The mother asserts on this appeal that the trial court’s order conflicts with the child support guidelines because she will be required to use her SSI payments to pay her child support. We have determined that the evidence does not preponderate against the trial court’s finding that the mother is voluntarily unemployed and that the trial court’s order is consistent with the child support guidelines. Therefore, we affirm the trial court.

Loyal Miller vs. Tennessee Board of Paroles - Concurring
01A01-9806-CH-00293
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

This appeal involves the fundamental fairness of the procedures used by the Tennessee Board of Paroles to revoke the parole of a person accused of committing child sexual abuse. The Board revoked the parole based solely on hearsay testimony concerning statements made by his alleged victim. The parolee filed a petition for a common-law writ of certiorari in the Chancery Court for Davidson County seeking judicial review of the Board’s decision-making process. After the trial court denied the petition, the parolee appealed to this court. We have determined that the Board’s hearing officer acted arbitrarily and illegally by applying an incorrect standard to determine whether good cause existed for not allowing the parolee to confront or to cross-examine his only accuser.  Accordingly, we reverse the trial court’s denial of the parolee’s petition for a common-law writ of certiorari and remand the case to the trial court for the entry of an order directing the Board either to conduct a proper parole revocation hearing forthwith or to return the parolee to parole status.

Margaret McCormick, v. Donald McCormick
01A01-9801-CH-00019
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Chancellor Tom E. Gray

This case concerns a dispute over the division of marital property, alimony, and attorney’s fees. Appellant, Donald F. McCormick (Husband), appeals from the Final Decree of Divorce that, inter alia, awarded Appellee, Margaret Ann McCormick (Wife), proceeds from a 1 Husband’s W-2 form from the Frigidaire Company reveals that his wages for 1996 were $94,063.26. 2 In 1996, Wife’s gross annual earnings were approximately $9,000.00. 2 401K account, rehabilitative alimony, and attorney’s fees.

Robert Leland Bryant, and wife Linda Kay Wolfson Bryant, Sandry Lynn Todd Bryant, v. James Ashley Bryant
01A01-9806-CV-00337
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge Muriel Robinson

This is a termination of parental rights and adoption case. Petitioners-Appellants, Robert 1 Sandra Lynn Todd Bryant, wife of Respondent and mother of the minor children involved, joined the Petitioners in the petition to terminate the Respondent’s parental rights. In the petition, she consents to the termination of her parental rights. 2 Respondent’s wife subsequently left the couple’s home in Colorado to pursue job training in Florida. Upon completion of the two month job training course in Florida, she moved to Utah while Respondent continued his military career in Colorado. 2 Leland Bryant and Linda Kay Wolfson Bryant,1 appeal the trial court’s order denying their petition to terminate the parental rights of Respondent-Appellee, James Ashley Bryant, with respect to his minor children, Megan Rae Bryant, born December 13, 1991, and Devon Michael Bryant, born December 30, 1993.

Robert James Watkins v. Inman Construction Corp.
02S01-9710-CH-00098
Authoring Judge: F. Lloyd Tatum, Special Judge
Trial Court Judge: Hon. Neal Small, Chancellor
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The plaintiff, Robert James Watkins, injured his right ankle on February 2, 1995 in the course of his employment for Inman Construction Company. He was temporarily working in Oxford, Mississippi, but was employed to work in Memphis, Tennessee. After hearing the evidence, the trial judge found that the plaintiff sustained a permanent partial disability of thirty-five percent to the right leg. The court also found that the plaintiff had been paid temporary total disability benefits for the period prior to October 1, 1995. The trial judge also found that the plaintiff worked sporadically on a part-time basis for the defendant from October 3, 1995 until December 29, 1995 and that plaintiff was entitled to temporary partial disability benefits through that period. The court also found that the plaintiff suffered temporary total disability from the date of the injury until November 7, 1996, excluding the periodfor temporary partial disability, and that the plaintiff was entitled to recover additional temporary total compensation for the period from October 1, 1995 until November 7, 1996 except for the aforesaid period for which an award was made for temporary partial disability benefits. The court also directed the defendant to pay the medical expense incurred for treatment of plaintiff by Dr. T. E. Rizk in the sum of $85.. On this appeal, the defendant presents two issues: (1) Whether the trial court's award of temporary total disability benefits following the date of maximum medical improvement was error. (2) Whether the trial court erred in ordering the employer to pay for the medical treatment of Dr. T. E. Rizk. The defendant does not attack the portion of the judgment awarding compensation for 35 percent permanent partial disability to the leg. It is conceded that the plaintiff injured the Achilles tendon of his right ankle while working on a construction site for defendant on February 2, 1995. He was treated conservatively by Dr. Wayne Lamar until May 16, 1995 when Dr. Lamar performed surgery 2

State vs. Huskey
03C01-9811-CR-00410
Trial Court Judge: Richard R. Baumgartner

State vs. Lamb
03C01-9708-CC-00346

State vs. Tony Williams
02C01-9810-CC-00301

State vs. Tiffany Betts
02C01-9709-CC-00337

State vs. Christopher Eacholes
02C01-9803-CR-00065

Scott vs. Scott
03A01-9708-CH-00305

Olympia Child vs. City Maryville
03A01-9804-CV-00136

Slate vs. Hooper
03A01-9809-CH-00299
Trial Court Judge: Ben W. Hooper, II

Simmons vs. Simmons
03A01-9805-CV-00158

Macklin vs. Macklin
03A01-9807-CV-00232

State vs. Donald Stephens
01C01-9711-CC-00551
Trial Court Judge: Henry Denmark Bell

State vs. Michael Clark
01C01-9802-CC-00087

State vs. Ricky Woodard
01C01-9802-CC-00056
Trial Court Judge: Donald P. Harris

Roger Harris vs. State
03C01-9712-CR-00516
Trial Court Judge: Lynn W. Brown

State vs. Tate
03C01-9712-CR-00553
Trial Court Judge: Ray L. Jenkins

State vs. Bohnenstiel
03C01-9801-CC-00035

Aaron Walker vs. State
03C01-9802-CR-00046

Watt vs. State
03C01-9609-CR-00343

Booze vs. Fairfield Communities
03A01-9803-CV-00095