CH-01-0462-2;
CH-01-0462-2;
Trial Court Judge: Kenny W. Armstrong

James Edwards vs. Banco Lumber
E2002-01038-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Jean A. Stanley
James and Margaret Edwards ("Plaintiffs") sued Banco Lumber Company Inc., ("Banco") claiming Banco had trespassed on their property and removed timber. Banco filed a third-party complaint against Nathan Byrd, Betty Byrd, Fred Byrd, and Barbara Byrd (the "Byrds") for indemnification relying on a Timber Deed and Contract between Banco and the Byrds. Plaintiffs nonsuited their action against Banco and an Order was entered on May 16, 2000, dismissing only Plaintiffs' action. Apparently realizing this was not a final order, the Trial Court entered a "Final Order" three days later which disposed of not only Plaintiffs' claims but also Banco's third-party complaint against the Byrds. Plaintiffs re-filed their lawsuit against Banco one year and two days after the first order was entered, but less than a year after the "Final Order" was entered. Plaintiffs also sued the Byrds, for the first time, in this second complaint. The Trial Court held the entry date of the first Order should be used when determining whether the second complaint had been re-filed within the one-year time period under the "Saving Statute." The Trial Court dismissed Plaintiffs' claims against Banco and the Byrds holding the statute of limitations had run. We vacate in part and affirm in part.

Felix M. Woods, et al. v. James N. Faris
M2001-02901-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Ellen Hobbs Lyle

This appeal arises from an action brought by the plaintiff/seller to enforce an agreement made as an addendum to a contract for sale of a home purporting to give a mortgage to the seller. We find that both parties acted with unclean hands. Judgment of the trial court is affirmed in part, reversed in part, and this case is remanded for further proceedings consistent with this opinion.

Robert May v. Woodlawn Memorial Park
M2001-02945-COA-R3-CV
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge Carol L. Soloman

This appeal involves a dismissal in circuit court of a general sessions appeal for failure of plaintiff-appellant to obtain a trial date within 45 days of the appeal pursuant to local rule of court. After the trial court's dismissal, plaintiff filed a motion to alter or amend pursuant to Tenn.R.Civ.P., Rules 59 and 60, which motion was denied. Plaintiff has appealed. We reverse and remand.

Mitch Grissim & Associates v. Blue Cross & Blue Shield of Tennessee
M2001-02170-COA-R3-CV
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge Carol L. Mccoy

This appeal involves a suit by an attorney against a former client for attorney fees allegedly due when the client terminated contingency fee contracts. The trial court denied plaintiff-attorney's motion for partial summary judgment and granted defendant-client's motion for summary judgment, holding that the attorney was not entitled to recover fees for services provided to the client prior to discharge. Plaintiff has appealed. We reverse and remand.

Gabriel Dryden, et al. v. The Metropolitan Government of Nashville and Davidson County
M2001-02594-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Barbara N. Haynes

This case involves a traffic accident and the application of the Tennessee Governmental Tort Liability Act. Plaintiff's vehicle was struck after Defendant failed to yield at an intersection. Defendant contended that the Metropolitan Government of Nashville and Davidson County (Metro) was partially at fault for its failure to properly warn motorists of the upcoming intersection. After Plaintiff and Defendant settled their suit, Defendant pursued a claim against Metro. The trial court granted Metro's motion for summary judgment, ruling that Metro was entitled to governmental immunity. We vacate the trial court's award of summary judgment and remand the case for further proceedings.

In The Matter Of: C.N.S. and C.J.S.
M2001-02544-COA-R3-JV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge George L. Lovell

The trial court terminated the parental rights of the mother of two young children on multiple grounds, including the mother's inability to meet their special needs. The mother argued on appeal that the grounds for termination were not proven by clear and convincing evidence. We affirm the trial court.

Tracy Renee Morris v. Robert Andrew Morris
M2001-02275-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Judge Muriel Robinson

This case involves a petition to change custody. The parents were divorced in July 1998. By agreement, custody of the parties' two minor children was awarded to the mother. In February 2001, while the children were staying with the father at the mother's request, he filed a petition to modify custody to make him the permanent custodial parent. In his petition, the father alleged a material change in circumstances, in that the mother had difficulty keeping a job, maintaining a home, and taking care of the children. The trial court granted the father's petition. The mother now appeals. We affirm, finding that the trial court did not err in finding a material change in circumstances and did not abuse its discretion in changing custody to the father.

Beale St. Dev. vs. George Miller
W2001-01133-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
This is a disagreement over the exercise of an option contract. The Appellant asserts that he was prevented from exercising his option. For the reasons stated below, we affirm the trial court's ruling that the Appellant never made an unconditional tender of the funds required to exercise the option, and thus did not properly exercise the option during its term.

Roger Clayton Morris v. Lola Jane Morris
W2002-00001-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: George R. Ellis

Patsy Mitchell vs. Dr. James Ensor
W2001-01683-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: D'Army Bailey
Patient brought medical malpractice action against physician and medical group, including allegations that physician failed to obtain the informed consent of female patient prior to administration of a testosterone injection. The circuit court entered judgment on a jury verdict in favor of physician and medical group. Patient appealed. We affirm and remand.

General Construction vs. Greater St. Thomas Church
W2001-01588-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Floyd Peete, Jr.
This appeal arises from a dispute over the construction of a church. Both parties alleged that the other breached the construction contract. The trial court found the Church to be in breach, awarded damages to the Contractor, and this appeal ensued. We affirm in part and reverse in part.

Cavalier Metal vs. Johnson Controls
W2001-01057-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: C. Creed Mcginley
Cavalier Metal Corporation sued Johnson Controls, Inc. for a breach of contract. A jury awarded Cavalier $2,029,294.00 in damages. At its motion for new trial, Johnson Controls, Inc. presented two juror affidavits alleging that another juror who had worked at Johnson Controls, Inc. imparted to the jury her knowledge of the very facts and issues at dispute in the trial. JCI had challenged this juror for cause during voir dire, but its motion had been denied. The trial court held the affidavits inadmissable under Tennessee Rule of Evidence 606(b). For the following reasons, we reverse and remand for a new trial.

Victoria Barnes vs. David Barnes
W2002-00428-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Robert A. Lanier
This appeal arises from a change of custody, from the Mother to the Father, granted by the trial court. We affirm, with the modification that Father be enjoined from smoking when either child is present.

John David Neblett v. State of Tennessee
M2001-02450-CCA-R3-PC
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge John H. Gasaway, III

The petitioner originally pled guilty to aggravated vehicular homicide, vehicular assault, and second offense driving on a revoked license. The trial court sentenced him to an effective sentence of twenty-four years. The effective sentence was affirmed on direct appeal. The petitioner sought post-conviction relief, alleging an unknowing guilty plea and ineffective assistance of counsel. The post-conviction court denied relief. In this appeal, the petitioner contends the post-conviction court erred in summarily dismissing the petition based solely upon the guilty plea transcript. We disagree and affirm the judgment of the post-conviction court.

State of Tennessee v. Randal Wayne Faulk
M2001-02423-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Frank G. Clement, Jr.

The defendant was convicted by a Davidson County jury of driving under the influence, third offense, and driving on a revoked license. He appeals only his DUI conviction, arguing the evidence was insufficient to support a finding that he was under the influence. We affirm the judgment of the trial court.

Michael A. Carter v. State of Tennessee
M2001-03065-CCA-R3-PC
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Seth W. Norman

The petitioner originally pled guilty to aggravated robbery on June 1, 2000. He sought post-conviction relief alleging he received ineffective assistance of counsel which led to an involuntary guilty plea. Following a hearing, the trial court dismissed the petition. We affirm.

Corey Lamont Radley v. State of Tennessee
M2001-03066-CCA-R3-PC
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Cheryl A. Blackburn

In this appeal from the denial of post-conviction relief, the sole issue is whether petitioner was deprived of the effective assistance of counsel in proceedings that led to his conviction for first degree murder with a resulting life sentence. We find no merit to his arguments and affirm the judgment of the trial court.

State of Tennessee v. Jonathan Omar Echevarria
M2001-02703-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Steve R. Dozier

The Appellant, Jonathan Omar Echevarria, appeals from the sentencing decision of the Davidson County Criminal Court imposing a sentence of four years incarceration. The sentence arose from a guilty plea entered by Echevarria to one count of attempted aggravated robbery. In this appeal, Echevarria raises the issue of whether the trial court erred by ordering a sentence of total confinement rather than a less restrictive alternative. After review, we find no error. Accordingly, the judgment is affirmed.

State of Tennessee v.Vasile Cavopol
M2001-01034-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge Cheryl A. Blackburn

Apparently serving probationary terms on judicial diversion, Vasile Cavopol attempts to appeal from the Davidson County Criminal Court. He claims (1) that the lower court should have dismissed the vandalism and resisting arrest cases against him when the state's witnesses did not appear for trial on two occasions and (2) that the evidence insufficiently supports the determinations of guilt. Because the defendant who was granted judicial diversion has no rightful appeal, we dismiss this appeal.

State v. Richard Hale Austin
W1999-00281-SC-DDT-DD
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: C. Creed Mcginley

State v. Richard Hale Austin
W1999-00281-SC-DDT-DD
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: C. Creed Mcginley

State of Tennessee v. Ronnie Watson
W2001-03084-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge L. Terry Lafferty

Convicted of aggravated robbery, Ronnie Watson appeals the Gibson County Circuit Court’s denial of his motion to suppress the statements he gave to a law enforcement officer shortly after the commission of the crime. We hold that the issue has been waived by Watson’s failure to include it in his motion for new trial.

State of Tennessee v. Kevin Island
W2001-02171-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge Bernie Weinman

Kevin Island appeals from his Shelby County conviction of robbery. He claims that the evidence presented at trial was insufficient to sustain the conviction. We disagree and affirm.

Policy of Insurance No. Ltc982015 v. Transcarriers Inc.,
W2001-02556-COA-R9-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Robert A. Lanier