Dolores E. Rossello vs. Michael Magill, Commissioner
M2001-00113-COA-R3-CV
Authoring Judge: Sr. Judge William H. Inman
Trial Court Judge: Irvin H. Kilcrease, Jr.
The judgment of the Chancery Court is affirmed pursuant to Rule 10, Rules of the Court of Appeals.

Tomkats Catering, Inc. vs. Ruth E. Johnson, Commissioner of Revenue, State of TN
M2000-03107-COA-R3-CV
Authoring Judge: Sr. Judge William H. Inman
Trial Court Judge: Carol L. Mccoy
This is a sales tax case. The tax period is from December 1, 1990 through January 31, 1994. During this period TomKats, a catering business, charged its customers a fixed, per unit price for food, but provided optional services for an additional charge, which was billed separately. The Commissioner ruled that such optional services were a "part of the sale," and assessed a tax deficiency which TomKats paid and filed this action for a refund which was unavailing. The judgment is reversed.

Marilyn Reddick v. Murray, Inc.
W2000-02178-SC-WCM-CV
Authoring Judge: Joe C. Loser, Jr., Sp. J.
Trial Court Judge: Joe C. Morris, Chancellor
In this appeal, the plaintiff insists the trial court erred in dismissing her claim at the close of her proof. As discussed below, the panel has concluded the judgment should be reversed and the cause remanded for full trial of all issues fairly raised by the pleadings.

Walter W. Carlen, Sr., et al vs. Ronald E. Jackson
M2000-02564-COA-R3-CV
Authoring Judge: Sr. Judge William H. Inman
Trial Court Judge: John A. Turnbull
The defendant asserted a comparative fault defense to a tort claim against him arising from his operation of a truck. He attributed fault to General Motors Corporation and Carlen Motors Inc. the manufacturer and prospective seller, respectively, of the truck. The defendant did not respond timely to a request for admission and summary judgment was entered that the defendant could not assert the affirmative defense attributing fault to General Motors and Carlen Motors Inc.

Charles David Killion vs. Johnny Huddleston
M2000-02413-COA-R3-CV
Authoring Judge: Sr. Judge William H. Inman
Trial Court Judge: Ellen Hobbs Lyle
This is an action for damages for negligent misrepresentation. The plaintiff invested $50,000.00 in Eureka Vacuum Cleaner Company at the advice and urging of the unlicensed defendant who was to receive a substantial commission. The investment was a scam. Recovery for the loss was allowed. We affirm.

David Brown vs. Ruth Johnson, Commissioner, TN Dept. of Revenue
M2000-02114-COA-R3-CV
Authoring Judge: Sr. Judge William H. Inman
Trial Court Judge: John W. Rollins
Taxpayer purchased baled straw from farmers which he sold to landscapers, sales tax free. A Notice of Assessment was served on the taxpayer for the sales tax, plus penalty and interest. After payments of these amounts taxpayer filed suit for refund, challenging the assessments. The trial judge found that the sales taxes were properly assessed, but that both interest and penalty should be waived. Both parties appeal. We hold that the taxpayer is liable for the tax together with penalty and interest.

Pilgrim Emmanual Baptist Church vs. Albert Buckingham, et al
M2000-02377-COA-R3-CV
Authoring Judge: Sr. Judge William H. Inman
Trial Court Judge: Ellen Hobbs Lyle
The parties agreed to the consolidation of two cases for trial and appellate proceedings. The plaintiffs in each case sought broad injunctive relief to correct alleged irregularities in the affairs of the church. All named parties, plaintiffs and defendants, were enjoined from disturbing or disrupting any worship service or church meeting, and certain safeguards were placed on church funds and property. Thereafter, the church moved for summary judgment which was granted, thus effectively terminating the litigation. Mr. Buckingham appeals.

State of Tennessee v. Sandra Brown
M2000-00792-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Lillie Ann Sells

The defendant appeals the judgment of the trial court revoking her probation. She raises two issues: (1) whether the evidence supported the trial court's finding that she violated the terms of her probation by committing the offense of accessory after the fact; and (2) whether the trial court had the authority to order her to continue her supervised probation pending this appeal. After a thorough review of the record, we find both issues have merit; therefore, we reverse the judgment of the trial court.

State of Tennessee v. Morris Jason Pepper
M2000-00883-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge W. Charles Lee

The appellant, Morris Jason Pepper, was convicted by a jury in the Lincoln County Circuit Court of one count of first degree premeditated murder and was sentenced to life imprisonment. On appeal, the appellant raises the following issues for our review: (1) whether the evidence is sufficient to sustain his conviction; and (2) whether the trial court erred by failing to grant the appellant's motion to suppress. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.

State of Tennessee v. David D. Harris
M1999-02469-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Seth W. Norman

The State appeals the judgment of the Davidson County Criminal Court suspending the appellee's sentences for aggravated robbery and granting the appellee probation for a term of twenty-four years. Following a review of the record and the State's brief, we reverse the judgment of the trial court and remand this case for proceedings consistent with this opinion.

Venelsia Stephens vs. Shelby Co. Govt.
W2000-01353-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: D'Army Bailey
County employee sued county for on-the-job injury benefits resulting from carpel tunnel syndrome. Employee filed suit over one year after the county denied her claim for benefits. After a nonjury trial, the trial court dismissed plaintiff's case with prejudice as barred by the one-year statute of limitations. Employee appeals. We affirm.

Darin Shaffer vs. Shelby Co.
W2000-02215-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Robert L. Childers
This appeal involves an accident in which a mother and son were hit by an automobile. The mother received fatal injuries in the accident. The survivors brought an action against Shelby County for the wrongful death of the mother and for negligent infliction of emotional distress with respect to the son. A jury found Shelby County liable for $12,039,049.01. The award was reduced in accordance with the Governmental Tort Liability Act (the GTLA) to $260,000.00 plus discretionary costs of $5,434.55. The plaintiffs appealed the reduction of liability alleging that the GTLA violated the Tennessee Constitution and should be judicially abrogated. The plaintiffs further allege that even if the GTLA is upheld, liability should be capped at $350,000.00 as opposed to $260,000.00. Shelby County also raises several issues in this appeal. First, Shelby County alleges that it was performing a discretionary function, which immunizes it from liability. Shelby county also contends that the proof shows the mother to be at fault and fails to show that the son suffered a serious emotional injury. In addition, Shelby County argues that the verdicts were excessive and were tainted by inappropriate arguments made during the plaintiffs' closing. Finally, Shelby County alleges that the trial court erred by assessing discretionary costs, which caused the award to exceed the GTLA's statutory cap on damages. For the following reasons, we reverse the trial court's award of discretionary costs and affirm the trial court in all other respects.

Chemical Residential vs. Donna Hodge
W2000-02958-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Donald H. Allen
This case involves the negligent impairment of a security interest. Plaintiff Chemical Residential Mortgage Corporation held a note and deed of trust on the subject real property. Subsequently, defendant Commercial Credit, Inc., negligently executed and filed a release deed on the property. Later, defendant Southern Financial made a second loan to the debtor secured by the same property. After Chemical Residential realized that its deed had been released in error, it brought the instant declaratory judgment action against Southern Financial and Commercial Credit, seeking a declaration that its deed was senior to that of Southern Financial. Southern Financial filed a cross-claim against Commercial Credit for the impairment of its security interest. The trial court found in favor of Chemical Residential and Southern Financial against Commercial Credit, and held that Chemical Residential's deed was senior to that of Southern Financial. On the cross-claim, the trial court awarded Southern Financial damages against Commercial Credit in an amount equal to the total amount due on the secured note. Commercial Credit now appeals, arguing, inter alia, that the trial court's measure of damages was erroneous. We reverse on the issue of damages and remand for a redetermination of those damages.

State of Tennessee v. Terry A. Rogier
W2001-00551-CCA-R9-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Donald H. Allen

The appellant, Terry A. Rogier, by means of an interlocutory appeal seeks review of the trial court's decision affirming the district attorney general's denial of pre-trial diversion. Rogier was indicted by a Madison County Grand Jury for the offenses of reckless endangerment, a class E felony, and reckless driving, a class B misdemeanor. After review, we find that the prosecutor failed to consider all the relevant factors in denying diversion. Accordingly, we reverse the trial court's finding that the prosecutor did not abuse his discretion and remand to the trial court for further proceedings.

Terri Jackson vs. Danny Jackson
W2001-00302-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: C. Creed Mcginley
This appeal involves the calculation of an obligor parent's net income for purposes of determining whether a decrease in child support obligations is warranted. Appellant's motion to decrease child support obligations was overruled by the lower court based on a finding that no significant variance existed between the guidelines and the amount of support currently ordered. In calculating the guidelines amount, the court refused to decrease Appellant's gross income by temporary living expenses he accrued because of his job assignment. Appellant appealed alleging that the deduction in his gross income should be allowed. For the following reasons, we affirm.

Kelvin A. Taylor v. State of Tennessee
W2001-00166-CCA-R3-PC
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge William B. Acree

The Appellant, Kelvin A. Taylor, appeals from the dismissal of his petition for post-conviction relief by the Weakley County Circuit Court. Pursuant to a negotiated plea agreement, Taylor entered a "best interest" plea to class D felony child abuse, and was sentenced to six years in the Department of Correction as a range II offender. In this collateral attack of his conviction, Taylor presents two issues for our review: (1) whether the general sessions court's revocation of his bond without a hearing and the resulting confinement prior to indictment violated double jeopardy and due process rights; and (2) whether trial counsel was ineffective. After a review of the record, we affirm the judgment of the post-conviction court.

State of Tennessee v. Janet Lawson
E2000-02486-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Lillie Ann Sells

The defendant pled guilty to one count of theft over $1,000.00 and the trial court sentenced her as a Range I standard offender to three years probation. The defendant appeals from the revocation of her probation, contending that the trial court abused its discretion by ordering her to serve the remainder of her sentence in confinement. Because we conclude that the record supports that trial court's decision to revoke the defendant's probation, we affirm the judgment of the trial court.

Vince Mullins vs. Theresa Mullins
E2001-00912-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Thomas R. Frierson, II
The Trial Court granted parties a divorce, awarded custody of minor child to mother, and ordered rehabilitative alimony and attorney's fees to mother. Husband appealed. We affirm.

CH-00-0135-2
CH-00-0135-2
Trial Court Judge: Floyd Peete, Jr.

State of Tennessee v. Charles R. Francis
E2000-02599-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge E. Eugene Eblen

In an indictment returned by the Morgan County Grand Jury, defendant, Charles R. Francis, was charged with fourth offense DUI. Count 1 of the indictment alleged that the triggering offense of DUI occurred on December 10, 1998. Count 2 of the indictment alleged that he had previously been convicted of DUI on three separate occasions in Morgan County, Tennessee. The defendant entered a "blind plea" to DUI, fourth offense, and sentencing was submitted to the trial court for a later hearing. At the sentencing hearing, the trial court ruled that defendant was convicted of the Class E felony of DUI, fourth offense, ordered a sentence of two (2) years, with service by split confinement of 150 days in the county jail, and the balance of the sentence to be served in the Community Corrections program. Asserting that he should have been sentenced for commission of a Class A misdemeanor DUI, fourth offense, rather than a Class E felony, defendant has appealed. The original judgment entered by the trial court reflected conviction of a Class A misdemeanor, but the judgment was later amended to reflect conviction of a Class E felony, in accord with the trial court's ruling at the conclusion of the sentencing hearing. We affirm the amended judgment of the trial court.

Marta Monzon vs. Miguel Angel Monson
E2000-03155-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: L. Marie Williams
The appellant, Marta Monzon, filed her notice of appeal more than 30 days after the entry of the trial court's final judgment. As a consequence of this late filing, we are without jurisdiction to hear this appeal. Accordingly, the appeal is dismissed.

Marta Monzon vs. Miguel Angel Monson
E2000-03155-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: L. Marie Williams
The appellant, Marta Monzon, filed her notice of appeal more than 30 days after the entry of the trial court's final judgment. As a consequence of this late filing, we are without jurisdiction to hear this appeal. Accordingly, the appeal is dismissed.

Sandra Krug vs. Jean Wahl
E2000-02959-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Telford E. Forgerty, Jr.
This is an appeal from the Trial Court's refusal to set aside a judgment rendered in Oklahoma which Plaintiff Sandra Krug petitions to have registered on the ground that the Defendant, Jean E. Wahl, was never served with process in connection with the Oklahoma proceedings. Because there is no transcript of the hearing below, we must conclusively presume that the evidence supported the determination of the Trial Court. We affirm

State of Tennessee v. Scott Ray Anderson
E2000-03040-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge D. Kelly Thomas, Jr.

The defendant appeals the judgment entered by the Circuit Court of Blount County revoking his community corrections sentence. The sole issue on appeal is whether the court abused its discretion in ordering the defendant to serve the remainder of his sentence in the penitentiary. After careful review, we affirm the trial court's judgment.

John E. Gaines vs. TN Dept. of Correction
M2001-00268-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Ellen Hobbs Lyle
John E. Gaines is an inmate in the custody of the Tennessee Department of Correction and while in custody at Middle Tennessee Correctional Complex Annex was a work release inmate. He was charged with violation of T.D.O.C. policy for failure to timely appear at his job site pickup station following the workday of May 10, 2000. Upon conviction in prison disciplinary proceedings and exhaustion of appellate remedies within the Tennessee Department of Correction, he filed, in the Chancery Court for Davidson County, a petition for a writ of common law certiorari. The Chancellor sustained a motion to dismiss under T.R.C.P. 12(6) and, upon consideration of the record, we affirm the judgment of the Chancellor.