Condominium Management Ass., Inc., v. Fairway Village Owner's Ass., Inc.
W2009-00688-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Chancellor Arnold Goldin

Property manager CMA sued homeowner’s association Fairway Village when Fairway Village failed to pay money owed to CMA for management fees and property repairs. Fairway Village counter-claimed against CMA and cross-claimed against CMA President Willingham, claiming that both had defrauded Fairway Village. Following protracted litigation, the chancery court dismissed Fairway Village’s claims against CMA and Willingham, finding that it had failed to carry its burden of proof. The chancery court awarded CMA a judgment for fees and repairs, as well as a reduced attorney fee, but it denied CMA’s request for prejudgment interest. We affirm the chancery court’s finding that CMA owed no fiduciary duty to Fairway Village, its exclusion of accountant Hood’s testimony, and its award of attorney fees to CMA. We find that the chancery court’s
judgment was not against the weight of the evidence, and we reverse its denial of prejudgment interest. We award CMA its attorney fees on appeal. This case is remanded to the trial court for a determination of prejudgment interest and appellate attorney fees owed to CMA.

State of Tennessee v. Maurice Jones
W2008-01877-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Paula L. Skahan

The defendant, Maurice Jones, entered an open plea agreement to one count of Class E felony sexual battery in the Shelby County Criminal Court. Following a sentencing hearing, the trial court imposed a sentence of two years, all suspended to probation but sixty days to be served in the county workhouse. As a special condition of his probationary sentence, the trial court ordered that the defendant is not allowed unsupervised contact with any minor child under eighteen years of age, including his own children. On appeal, the defendant asserts that the trial court exceeded its authority in denying him unsupervised contact with his minor children. Following review of the record, we conclude that the special condition is overbroad as written. Accordingly, the case the remanded to the trial court for imposition of a more defined and less limiting condition.

State of Tennessee v. Ricky Lee Hatchel
W2008-01030-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Joseph H. Walker, III

The Defendant-Appellant, Ricky Lee Hatchel, was convicted by a Tipton County jury of aggravated assault, a Class C felony and originally sentenced to three years in the Tennessee Department of Correction. The jury also imposed a $10,000 fine, which was reduced by the trial court to $5,000. Following a sentencing hearing, the trial court subsequently found that Hatchel qualified for alternate sentencing, and ordered Hatchel to complete one year of community corrections before being transferred to supervised probation. In this appeal, Hatchel claims: (1) the insufficiency of the evidence; and (2) the trial court erred by allowing the State to introduce photographs of the victim’s injuries. Upon review, we affirm the judgment of the trial court.

Courtney Anderson v. State of Tennessee
W2008-02814-CCA-R3-PC
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Carolyn Wade Blackett

The Petitioner, Courtney Anderson, appeals the Shelby County Criminal Court’s denial of post-conviction relief, contending that he received ineffective assistance of counsel based on counsel’s failure to include a copy of the presentence report, a transcript of the plea submission hearing, and a transcript of the sentencing hearing in the record on appeal. Upon review, we affirm the judgment of the post-conviction court.

State of Tennessee v. Dana Webb
W2008-02815-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Carolyn Wade Blackett

The defendant, Dana Webb, appeals the denial of her request for judicial diversion, arguing that the trial court abused its discretion by focusing on the need for deterrence while not considering factors in favor of diversion. Following our review, we reverse the judgment of the trial court and grant judicial diversion. The matter is remanded to the trial court for the imposition of conditions of the probationary term.

Taylor N. French, et ux. v. Riverbluff Cooperative, Inc., et al.
W2009-00374-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge D'Army Bailey

Defendants appeal the trial court’s order denying their motion for attorney’s fees due under the terms of the parties’ contract. We reverse and remand for further proceedings.

Dalton Reb Hughes and wife, Sandra Hines Hughes v. Metropolitan Government of Nashville and Davidson County, Tennessee
M2008-02060-COA-R3-CV
Authoring Judge: Presidng Judge Alan E. Highers
Trial Court Judge: Judge Thomas W. Brothers

A Metro public works employee was injured when a front end loader operated by a Metro fire department employee made a loud noise, causing the public works employee, fearing for his life, to fall while attempting to jump over a guardrail. The injured plaintiff filed suit against Metro and the defendant front end loader operator. Metro filed a cross-claim against the defendant as well as a counter-claim against the plaintiff seeking a subrogation of lost wages and medical payments recovered from the defendant. The trial court found that the defendant acted negligently and within the scope of his employment, and thus, it found that Metro’s immunity was removed pursuant to the Governmental Tort Liability Act. Accordingly, the trial court entered a judgment for the plaintiff against Metro, and itdismissed the claims against the defendant. On appeal, Metro argues that the defendant acted intentionally, rather than negligently, and that his conduct was outside the scope of his employment, such that Metro retains its immunity. We affirm.

Kimberly Wheeler v. Whirlpool Corporation
M2009-00206-WC-R3-WC
Authoring Judge: Senior Judge Donald P. Harris
Trial Court Judge: Judge Mark Rogers

In this workers’ compensation action, the employee, Kimberly Wheeler, sustained repetitive trauma injuries to both arms. The injuries were accepted by her employer, Whirlpool Corporation, as compensable. After having surgery on both arms, she returned to work, initially in a light-duty
status, and later to full duty. The product line on which she worked was then shut down and moved to another location. She was offered the option of accepting a voluntary layoff or moving to another product line. She chose the voluntary layoff. Under the terms of her employment contract, she continued to be an employee although she was not working. Eventually, the entire plant closed and Ms. Wheeler was terminated at that time. The trial court found that she had meaningful return to work and voluntarily left her employment. For that reason, it limited its award of permanent partial disability benefits to one and one-half times the anatomical impairment in accordance with Tennessee Code Annotated section 50-6-241(d)(1)(B). The employee has appealed, contending that the trial court erred by applying the one and one-half times impairment cap. We agree and modify the judgment.1

Thomas E. Hall v. TRW Automotive, U.S., LLC, et al.
M2008-02312-WC-R3-WC
Authoring Judge: Senior Judge Donald P. Harris
Trial Court Judge: Judge Clara Byrd

In this workers’ compensation action, the employee, Thomas Hall, alleged that he sustained hearing loss due to exposure to noise in the workplace. The employer, TRW Automotive U.S., LLC,
contended that most of the hearing loss occurred after Mr. Hall began wearing hearing protection,
and was therefore not caused by his employment. The trial court awarded 75% permanent partial
disability of the hearing of both ears. TRW has appealed, arguing that the trial court erred in that
it failed to apportion the award to the body as a whole, selected an incorrect injury date, declined to
view a video recording of an evidentiary deposition, and made an excessive award of benefits. We
conclude that the award should have been assigned to the body as a whole, and that the trial court
selected an incorrect injury date. The judgment is modified accordingly.1

State of Tennessee v. George Chisholm
E2008-02670-CCA-R3-CD
Authoring Judge: Judge D. Kelly Thomas, Jr.
Trial Court Judge: Judge Carroll L. Ross

The Defendant, George Chisholm, pled guilty in the Bradley County Criminal Court to driving under the influence, eighth offense, a Class E felony, and to two counts of vehicular assault, Class D felonies. The trial court sentenced the Defendant to two years for the DUI to be served consecutively to concurrent four-year sentences for the vehicular assault counts, for a total effective sentence of six years incarceration. In this appeal as of right, the Defendant contends that the trial court should have granted some form of alternative sentence in consideration of the condition of his health. Following our review, we affirm the denial of alternative sentencing, but we remand for the correction of the judgments.

State of Tennessee v. Willie Price
W2009-00083-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Chris B. Craft

The defendant, Willie Price, was convicted by a Shelby County jury of aggravated rape, a Class A felony, two counts of aggravated burglary, a Class C felony, and robbery, a Class C felony, and was sentenced by the trial court as a Range II offender to an effective sentence of sixty years in the Department of Correction. On appeal, he challenges the sufficiency of the convicting evidence and argues that the trial court erred by ruling that the State could impeach his testimony with his prior burglary and theft convictions, consolidating his indictments for trial, admitting his statements to police, and enhancing his sentences and ordering that they be served consecutively. Having reviewed the record and found no error, we affirm the judgments of the trial court.

Szumanski Stroud v. State of Tennessee
W2009-01641-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge John T. Fowlkes, Jr.

The petitioner, Szumanski Stroud, appeals the denial of his petition for post-conviction relief, arguing that his trial counsel provided ineffective assistance by not properly cross-examining the victim about his identification of the petitioner. Following our review, we affirm the denial of the petition for post-conviction relief.

State of Tennessee v. Darryl Keith Robinson
W2008-02069-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Joseph B. Dailey

The Defendant, Darryl Keith Robinson, was indicted for one count of felony murder and one count of premeditated first degree murder. See Tenn. Code Ann. § 39-13-202. He was also charged with one count of theft of property valued at greater than $10,000 but less than $60,000, a Class C felony. See Tenn. Code Ann. § 39-14-105(4). Following a jury trial, he was found guilty as charged of theft, and convicted of one count of second degree murder, a Class A felony. See Tenn. Code Ann. § 39-13-210(c). He was sentenced as a Range I, standard offender to consecutive sentences of twenty-five years for second degree murder and six years for theft of property, for a total effective sentence of thirty-one years in the Department of Correction. In this direct appeal, he contends that:(1) the trial court erred by excluding evidence that the victim filed for orders of protection against another individual; (2) the trial court erred by allowing testimony that the Defendant had a criminal history; (3) the trial court erred by allowing testimony regarding a conversation between the victim and the Defendant; (4) the State presented evidence insufficient to convict him of either second degree murder or theft of property valued at greater than $10,000 but less than $60,000; and (5) the trial court erred in setting the length of the Defendant’s sentence. After our review, we affirm the Defendant’s conviction for second degree murder. We vacate the twenty-five year sentence imposed for the second degree murder conviction. We modify the conviction for Class C felony theft to a conviction for Class A misdemeanor theft. We remand this case to the trial court for resentencing.

Dana Foust Bochette v. Michael Louis Bochette
M2009-00113-COA-R3-CV
Authoring Judge: Judge Herschel P. Franks
Trial Court Judge: Judge Clara W. Byrd

Wilson County- In this divorce case, the Trial Court awarded the wife the divorce, and awarded her alimony in solido. One-half of the equity in the home was awarded to the wife, and other one-half of the equity in the home was awarded to the wife as alimony in solido. The Court also awarded the wife one-half of the workers' compensation settlement proceeds obtained by the husband during the marriage. On appeal, the husband questioned the distribution of the marital property and the Trial Court's ruling that the workers' compensation award was also marital property. On appeal, we affirm the Judgment of the Trial Court.

State of Tennessee v Michael Edwards
M2009-01208-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge W. Charles Lee

On December 16, 2008, after pleading guilty to two counts of sale of marijuana and one count of aggravated assault, the Defendant, Michael Edwards, was sentenced to four years in the Department of Correction, all but 120 days of which was ordered to be served on probation. The trial court issued probation violation warrants for the Defendant on March 13 and April 14, 2009. Following an evidentiary hearing on April 23, 2009, the Coffee County Circuit Court revoked his probation. In this appeal, the Defendant contends that his probation was revoked in error. After our review, we affirm the judgment of the trial court.

State of Tennessee v. Barbara Jean Totty
M2009-01149-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Jeffrey S. Bivins

The Appellant was convicted in the Hickman County Circuit Court of driving under the influence. She was sentenced to 11 months and 29 days, to be served on probation. She appeals, asserting she received ineffective assistance of counsel. Because both her brief and the record she provided are inadequate under our rules, we affirm.

James K. Patterson, M.D. v. Methodist Heathcare- Memphis Hospitals
W2008-02614-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Karen R. Williams

The plaintiffs/appellants, two doctors, filed suit after they were deemed to have voluntarily relinquished their medical staff privileges at Methodist Healthcare-Memphis Hospitals for failure to maintain compulsory insurance coverage. The doctors’ complaint and amended complaint alleged breach of contract, intentional interference with business relationships, common law retaliatory discharge, and violation of federal and state whistleblower statutes. In separate orders, the trial court dismissed the doctors’ whistleblower and retaliatory discharge claims. The court later granted summary judgment in favor of the defendant on the remaining claims. We affirm.

State of Tennessee v. Cortino Harris
W2009-00457-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Donald H. Allen

The defendant, Cortino Harris, was convicted by a Madison County Circuit Court jury of possession of marijuana with intent to sell and possession of marijuana with intent to deliver, Class E felonies, and evading arrest, a Class A misdemeanor. The court merged the felony drug convictions and sentenced the defendant as a Range II multiple offender to four years in the Department of Correction. The court sentenced the defendant to eleven months, twenty-nine days on the misdemeanor conviction, to be served consecutively to the felony sentence. On appeal, the defendant challenges the sufficiency of the convicting evidence and the trial court’s imposition of consecutive sentences. After review, we affirm the judgments of the trial court.

James Carr v. State of Tennessee
W2009-00683-CCA-R3-CO
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge W. Otis Higgs, Jr.

The petitioner, James Carr, appeals the dismissal of his petition for writ of error coram nobis. He was convicted on November 4, 1984, of aggravated rape and sentenced to life imprisonment as a Range II offender. The trial court ruled the petition should be dismissed because it did not set out any newly discovered evidence and contained no exception to the one-year statute of limitations. On appeal he argues that the dismissal was an unconstitutional denial of his right to due process. After careful review, we affirm the judgment from the trial court.

Katherine Dodge Gribben Warwick v. Edward Joseph Warwick, Sr.
E2009-00635-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Judge W. Jeffrey Hollingsworth

After ten years of marriage, Katherine Dodge Gribben Warwick (“Wife”) filed a complaint
for divorce against her spouse, Edward Joseph Warwick, Sr. (“Husband”). Pursuant to the
parties’ pre-trial stipulation, the court granted Husband a divorce; incorporated the parties’
agreed permanent parenting plan; and distributed some of the parties’ personal property.
Following a bench trial, the court classified, valued, and distributed the balance of the
parties’ property. Husband appeals, challenging (1) the court’s decree as to how Wife was
to receive her equity in the marital home, (2) the classification and allocation of certain debts,
and (3) the overall property division. We affirm.

Corporacion Euanitos, S.A., et al. v. Montlake Properties, Inc. et al.
E2008-01548-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Chancellor W. Frank Brown, III

Corporacion Euanitos, S.A. (“Plaintiff”) sued Montlake Properties, Inc.; Montlake Property
Owners Association, Inc.; and Luken Properties, LLC seeking, in part, a restraining order and
a permanent injunction prohibiting the defendants from pumping water from a lake,
Montlake, located in Hamilton County. After a trial, the Trial Court entered its order finding
and holding, inter alia, “[t]hat Luken Properties, LLC, has an easement right to withdraw
water from Montlake.” Plaintiff appeals to this Court. We affirm.

State of Tennessee v. Bethany Dawn Hunt
M2008-01983-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Robert G. Crigler

Appellant, Bethany Dawn Hunt, was convicted on her open guilty plea to a Marshall County Grand Jury indictment for burglary, illegal possession of a debit card, and two counts of theft of property valued at less than $500. The trial court merged the theft convictions and imposed an effective sentence of three years and three months in confinement. Appellant appeals, asserting the sentence is excessive and contrary to law. We affirm.

E. W. Stewart Lumber Co., d/b/a Stewart Builder Supply v. Meredith Clark & Associates, LLC and Leroy Dodd
MC-CH-CV-RE-08-40
Authoring Judge: Judge Richard H. Dinkins
Trial Court Judge: Chancellor Laurence M. Mcmillan

Supplier of building materials filed materialman’s lien on property after contractor failed to
pay for materials provided for building a house on the property. On cross motions for
summary judgment, the trial court struck down liens the supplier had filed against the subject
property and dismissed the supplier’s action; supplier appeals. Finding error, we reverse and
remand to the trial court for further proceedings.

The Hamilton-Ryker Group, LLC v. Tammy L. Keymon
W2008-00936-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Chancellor W. Michael Maloan

This appeal involves a noncompete agreement and the Trade Secrets Act. The defendant employee worked for fourteen years for the plaintiff employer. The employee executed a covenant not to compete, prohibiting the employee from soliciting the employer’s clients for one year after termination. During her employment, the employee became the contact person for a particular customer. The defendant employee was temporarily laid off. The day after the layoff, the employee and the customer entered into an arrangement under which the laid off employee performed the same work for the customer that the employer had been performing. The employee then emailed numerous documents related to the customer from her work email address to her personal email address. After that, the customer ended the business relationship with the plaintiff employer. Subsequently, the employer sued the employee for, inter alia, breach of contract, misappropriation of confidential information, and violation of Tennessee’s Trade Secrets Act. The trial court entered judgment for the employer on all counts; the damages award included over $900,000 as doubled damages under the Trade Secrets Act. The employee now appeals. We affirm, finding that the covenant not to compete was enforceable despite the lack of any territorial limitation, that the information emailed to the employee’s personal email was a trade secret, and that the evidence supports the award of damages.

Dexter Johnson v. Howard Carlton, Warden
E2008-02032-CCA-R3-HC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Lynn W. Brown

The petitioner, Dexter Johnson, filed a petition in the Johnson County Criminal Court seeking habeas corpus relief from his multiple felony convictions. The petitioner argued that because the trial court failed to enumerate enhancing and mitigating factors on the record and because the judgments of conviction fail to specify whether his sentences are to be served concurrently or consecutively, his convictions and sentences are therefore void. The habeas corpus court dismissed the petition, and the petitioner appeals. Upon review, we affirm the judgment of the habeas corpus court.