Claude Willis v. Lola Mae Willis
W1999-01537-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor Ron E. Harmon

This appeal arises from a dispute between Plaintiff Claude Willis and Defendant Lola Mae (Wright) Willis regarding the terms of their divorce. The trial court granted an absolute divorce to Ms. Wright,1 divided the parties’ marital property, allocated the parties’ marital debt, and awarded Ms. Wright alimony in solido, alimony in futuro, and attorney’s fees. On appeal, Mr. Willis argues that the trial court’s division of marital property and allocation of marital debt are inequitable, and that, assuming an award of alimony is appropriate in the case at bar, the court should have awarded Ms. Wright rehabilitative alimony rather than alimony in futuro. Additionally, Ms. Wright requests on appeal that her award of attorney’s fees be designated as alimony. We affirm the ruling of the trial court; however, we modify the court’s ruling to reflect that attorney’s fees are awarded to Ms. Wright as alimony.

Benton Court of Appeals

Walter A. Farris, et al., v. William S. Todd, et al.
E1999-1574-COA-R3-CV
Authoring Judge: Senior Judge William H. Inman
Trial Court Judge: Presiding Judge Houston M. Goddard

This appeal involves the question of whether the Appellants, Walter and Gordon Farris, complied with the statute of limitations when filing their complaint for legal malpractice and conversion. The Appellees, William S. Todd and Thomas S. Dossett, filed a motion to dismiss the complaint because it was barred by the applicable statute of limitations. Appellants moved to amend their complaint to include declaratory judgment relief for determination of the ownership rights of the parties in a particular art work. The Circuit Court for Sullivan County granted the motion to dismiss the complaint and denied the motion to amend. We affirm in part and vacate in part the Circuit Court’s judgment.
 

Sullivan Court of Appeals

State of Tennessee v. Michael Anderson Peek, alias Big Country, alias Michael Peak alias Michael Anderson Peak
E1998-00038-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Douglas A. Meyer

The defendant was convicted of fourteen felonies, consisting of various rape, robbery, and burglary charges arising from complaints of five victims. He received an effective sentence of ninety-nine years. Appealing these convictions, he alleged, inter alia, that the trial court should have severed the offenses, rather than allowing all five to be tried in a single trial; that blood, saliva, and hair samples should have been suppressed; that he should not have been shackled during the trial, and that his sentence was improper. Of these assignments, we find error in the trial court’s allowing the complaints of all five victims to be tried in a single trial, and in the court’s not following the required procedures before shackling the defendant during the trial. The errors were harmless and, accordingly, we affirm the judgment of the trial court.

Hamilton Court of Criminal Appeals

State of Tennessee v. Leon Goins
W1999-00157-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Russell Lee Moore, Jr.

A jury found the defendant guilty of selling 0.5 grams of cocaine, a Schedule II controlled substance.  He received a 15 year sentence as a Range II offender, consecutive to a prior felony. The defendant asserts error in allowing the state’s expert witness to testify to the aggregate weight of cocaine sold, when the witness did not test every particle of the submitted evidence. The defendant further asserts error in the trial court’s admitting a video tape of the sale and in the trial court’s sentencing. The judgment from the trial court is affirmed.

Dyer Court of Criminal Appeals

State of Tennessee v. Carlos C. Beasley
W1999-00426-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge James C. Beasley, Jr.

The appellant, Carlos C. Beasley, referred herein as “the defendant,” appeals as of right from a conviction for especially aggravated robbery by a Shelby County jury. The same jury found the defendant guilty of voluntary manslaughter, from which the defendant does not appeal. The Shelby County Criminal Court imposed a sentence of twenty-five (25) years for especially aggravated robbery in the Department of Correction. The defendant presents two appellate issues: 1) whether the evidence is sufficient for a rational trier of fact to find that every element of especially aggravated robbery has been proven beyond a reasonable doubt; and 2) whether the record shows that the trial court in its capacity as thirteenth (13th) juror failed to independently weigh the evidence upon consideration of the motion for a new trial.

Shelby Court of Criminal Appeals

Venessa Lynn Totty v. Michael Alan Totty
W1999-02426-COA-R3-CV
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge Kay S. Robilio

This appeal involves a dispute regarding a final decree of divorce entered in the Shelby County
Circuit Court. The Husband appeals the trial court’s order claiming error in several aspects of the
decision, including the determination as to his alimony obligation.

Shelby Court of Appeals

State of Tennessee v. Roy D. Nelson
E1997-00021-SC-R11-CD
Authoring Judge: Justice William M. Barker
Trial Court Judge: Judge Lynn W. Brown

This is an appeal from the Criminal Court for Washington County which convicted the
defendant of aggravated arson. The defendant appealed and argued that the aggravated arson statute applies only when an individual other than the arsonist sustains serious bodily injuries. Accordingly, because he was the individual who sustained serious bodily injuries, the defendant contended that the aggravated arson statute was inapplicable. The Court of Criminal Appeals affirmed the judgment of the trial court, and we granted the defendant’s application for permission to appeal. We hold that where a defendant sustains serious bodily injuries as the result of an arson he or she committed, that defendant may be convicted of aggravated arson pursuant to Tennessee Code Annotated section 39- 14-302(a)(2) (1997). Accordingly, we affirm the judgments of the trial court and the Court of Criminal Appeals.

Knox Supreme Court

Donald E. Griffin v. Shelter Mutual Insurance Company
M1997-00042-SC-R11-CV
Authoring Judge: Justice Frank F. Drowota, III
Trial Court Judge: Chancellor Carol L. McCoy

The appellant, Donald E. Griffin, brought suit seeking damages for injuries he sustained when his vehicle was struck from the rear in Maury County by a car driven by Richard Vaughn. After obtaining a judgment against Vaughn in the amount of $225,000, Griffin learned that Vaughn had only $50,000 of liability insurance coverage. Griffin then requested that his uninsured motorist carrier, the appellee Shelter Mutual Insurance Company (“Shelter”), pay the remainder of the judgment up to its policy limit of $100,000. When Shelter refused the claim, Griffin brought this action against Shelter in the Chancery Court for Davidson County. The Chancellor granted summary judgment to Shelter, finding that Griffin had failed to comply with the notice provisions of the insurance policy and with the service provisions of Tenn. Code Ann. § 56-7-1206(a). The Court of Appeals agreed that Griffin had failed to comply with the service provisions of Tenn. Code Ann. § 56-7-1206(a) and thus affirmed the grant of summary judgment in favor of Shelter. This Court thereafter granted Griffin’s application for permission to appeal. Tenn. R. App. P. 11 Appeal by Permission from the Court of Appeals to the Supreme Court; Judgment of the Court of Appeals Affirmed DROWOTA, J.,

Davidson Supreme Court

Kenneth L. Storey v. Randall E. Nichols, et al.
E1998-00851-SC-R3-CV
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: Chancellor David H. Cate

The dispositive issue in this case is whether an appeal as of right from a trial court’s judgment in an attorney-disciplinary proceeding initiated pursuant to Tenn. Code Ann. §§ 23-3-201–2041 lies in the Court of Appeals or in the Supreme Court. Because we hold that jurisdiction over an appeal as of right in a statutory disciplinary proceeding lies in the Court of Appeals, we reverse the intermediate appellate court’s order transferring the case to the Supreme Court, and we transfer the case to the Court of Appeals for its review on the merits. Tenn. R. App. P. 3; Transfer Order of the Court of Appeals Reversed; Case Transferred to Court of Appeals
 

Knox Supreme Court

Beaman Pontiac vs. Gill
M1999-00666-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Carol L. Soloman

Davidson Court of Appeals

Trebing vs. Fleming Companies
M1999-00473-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Barbara N. Haynes

Davidson Court of Appeals

Trebing vs. Fleming Companies
M1999-00473-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Barbara N. Haynes

Davidson Court of Appeals

State vs. Larry Brumit
M1999-00154-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: James K. Clayton, Jr.

Rutherford Court of Criminal Appeals

State vs. Robert Bassett Brown
M1999-00867-CCA-R3-CD
Authoring Judge: Judge William B. Acree
Trial Court Judge: J. Randall Wyatt, Jr.

Davidson Court of Criminal Appeals

Jabari Mandela vs. Jim Rose, et al
M1999-02552-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Stella L. Hargrove
The trial court summarily dismissed the plaintiff pro se prisoner's complaint for lack of jurisdiction before service of process was had or response filed. Based on the record before us, we reverse.

Wayne Court of Appeals

State vs. Samuel D. Land
M1999-01023-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Timothy L. Easter

Williamson Court of Criminal Appeals

Rocky Lee Coker vs. TN Dept. of Correction
M1999-02268-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Carol L. Mccoy
An inmate in the custody of the Tennessee Department of Correction filed a petition for a declaratory judgment, claiming that his sentence reduction credits had been improperly calculated and that his "safety valve" release date had been wrongly cancelled. The trial court granted the state's motion for summary judgment and the petitioner appeals. We affirm.

Davidson Court of Appeals

Clifford Taylor vs. State, et al
M1999-02418-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Carol L. Mccoy
An inmate of the Tennessee Department of Correction sought a declaratory judgment that the Department had incorrectly calculated his sentence. The trial court dismissed the petition, finding no improper calculation. We affirm.

Davidson Court of Appeals

State of Tennessee v. Donald Curtis Reid
01C01-9903-CR-00077
Trial Court Judge: J. Randall Wyatt, Jr.

Davidson Court of Criminal Appeals

Lewis vs. Caputo
E1999-01182-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: W. Frank Brown, III

Hamilton Court of Appeals

Brown vs. Bd. of Professional Responsibility
E1999-02636-SC-R3-CV
Authoring Judge: Justice Adolpho A. Birch, Jr.
Trial Court Judge: Howell N. Peoples

Hamilton Supreme Court

Karen Mundy vs. James Mundy
E1999-02697-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: John B. Hagler, Jr.

Bradley Court of Appeals

Penny Sue Mincy v. Charles David Mincy, Sr.
E1999-02304-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: William R. Brewer

Blount Court of Appeals

Groner vs. On-Site Grading
E1999-00219-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Howell N. Peoples

Hamilton Court of Appeals

William Allen Jones v. Travelers Casualty& Surety
E1999-01548-WC-R3-CV
Authoring Judge: Thayer, Sp. J.
Trial Court Judge: W. Frank Brown III, 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 appellant-employee appealed the trial court's ruling that his injury was of a temporary nature and that appellee was only liable for medical expenses to the date of the trial. Appellant argues the only expert medical evidence established his injury was of a permanent nature. Judgment of the trial court is reversed to fix permanent disability at 2% to the body as a whole and case is remanded to enforce other alternative findings.

Knox Workers Compensation Panel