Ebbtide Corp. vs. The Travelers Ins. Co., et al
M1999-01932-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Robert E. Burch
The insurance broker involved in this matter, Willis Corroon, failed to forward to Plaintiff the terms for reinstatement of Plaintiff's workers compensation policy, which terms were faxed to Willis Corroon by Travelers, the insurer. As a result, Plaintiff, Ebbtide Corp., was without insurance for several months, during which time one severe worker's compensation claim was filed and paid for by Plaintiff. The trial court determined that Tennessee Code Annotated section 56-6-147 was not applicable to Willis Corroon as an insurance broker; as such, Willis Corroon was the agent of Plaintiff, the insured. Thus, Travelers fulfilled its contract with Plaintiff by properly communicating the terms for insurance reinstatement to Plaintiff's agent, Willis Corroon. Willis Corroon was found to be negligent for not forwarding these terms on to the Plaintiff and liable for all damages incurred by Plaintiff as a result of their being uninsured. The preliminary question to be determined is whether section 56-6-147 applies in this matter to make Willis Corroon the agent of the insurance company. We agree with the trial court's determination that section 56-6-147 does not apply to the facts presented in this matter and affirm the trial court's ruling.

Town of Linden, et al vs. Bliss Garcia, et al
M2000-01776-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Russell Heldman
This case presents an appeal from a declaratory judgment action brought by Plaintiffs/Appellants, Town of Linden and Tex Smith, to request an interpretation of the phrase "next regular election" contained in the charter for the town of Linden. The trial court held that this phrase included the next county election, being the next regularly scheduled election in the town of Linden on August 3, 2000, and also held that the town of Linden had no standing to bring a declaratory judgment action on this issue. Plaintiffs appealed both holdings. We affirm the trial court on both issues.

State of Tennessee v. Raul T. Garcia
E2000-02817-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge James Edward Beckner

A Greene County jury convicted the Defendant of reckless aggravated assault, a Class D felony, and the trial court sentenced the Defendant as a Range I, standard offender to four years in the Tennessee Department of Correction. The Defendant now appeals, challenging the sufficiency of the evidence and the propriety of the sentence imposed by the trial court. After a careful review of the record, we conclude that the evidence is sufficient to support the conviction and that the sentence is proper. Accordingly, the judgment of the trial court is affirmed.

State of Tennessee v. David Wayne Osborne
E2000-03086-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Phyllis H. Miller

The Defendant pled nolo contendere to one count of felony child neglect, one count of possession of drug paraphernalia, one count of possession of marijuana, and two counts of public intoxication. At issue in this appeal is the sentence for felony child neglect, a Class D felony for which the Defendant received a two-year Community Corrections sentence. Subsequently, based upon a warrant alleging that the Defendant had violated the terms and conditions of his Community Corrections sentence, the trial court revoked the Defendant's Community Corrections sentence and increased his original sentence from two years to four years, to be served with the Tennessee Department of Correction. In this appeal, the Defendant argues that the trial court improperly enhanced his two-year sentence for felony child neglect to four years and that the court erred by failing to impose some form of alternative sentencing. We conclude that the trial court properly increased the length of the Defendant's sentence from two to four years and that the Defendant's prison sentence was properly imposed. Accordingly, we affirm the judgment of the trial court.

Linda Rowland v. Northbrook Health Care Center
W2000-02562-WC-R3-CV
Authoring Judge: Joe C. Loser, Jr., Sp. J.
Trial Court Judge: Joe C. Morris, Chancellor
In this appeal, the employer, Northbrook, insists the award of permanent partial disability benefits based on 7 percent to the body as a whole is excessive. As discussed below, the panel has concluded the judgment should be affirmed.

Peter Kuderewski, et al vs. Estate of Hoover Hoobs, et al
E2000-02515-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Richard E. Ladd
Peter Kuderewski and David Sanchez ("Plaintiffs") sued Hoover Hobbs ("Defendant"), alleging they had an implied partnership during the beginning phases of a now-defunct plan to open a family fun center in Kingsport, Tennessee ("Project"). Plaintiff argues the parties had agreed to use property ("Property") already owned by Defendant for the Project. A portion of the Property was later sold, and Plaintiffs sought to recover 50% of the sale price pursuant to their claimed respective partnership interests. Alternatively, Plaintiffs claim they were entitled to recover, under a theory of unjust enrichment money spent toward improving Defendant's Property in anticipation of the Project. After a bench trial, the Trial Court denied both of Plaintiffs' claims. Plaintiffs appeal. We affirm.

State of Tennessee v. Jeremy Wayne Aikens
E2000-00997-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge E. Eugene Eblen

The Loudon County Grand Jury indicted the Defendant for driving under the influence of an intoxicant. The Defendant's first jury trial resulted in a mistrial. Following a second trial, a Loudon County jury convicted the Defendant of the offense charged. The trial court sentenced him to eleven months, twenty-nine days incarceration, with all but four days suspended, and fined him $400. The Defendant now appeals his conviction, arguing (1) that insufficient evidence was presented to support his conviction; and (2) that he received ineffective assistance of counsel at trial. Upon review of the record, we conclude that the evidence presented at trial was sufficient to support the Defendant's conviction, and we conclude that the Defendant received adequate representation at trial. We thus affirm the judgment of the trial court.

State of Tennessee v. Waylon D. Knott
M2000-02524-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Allen W. Wallace

The Appellant, Waylon D. Knott, was indicted by a Stewart County Grand Jury on one count of manufacturing methamphetamine, one count of possession with intent to sell methamphetamine, and one count of felony possession of drug paraphernalia. Following a traffic stop for improper registration, Knott, after first refusing, granted consent to search his vehicle, which resulted in the seizure of a quantity of drugs. Knott moved to suppress the evidence upon grounds that consent was not voluntarily given. The trial court granted Knott's motion to suppress and dismissed the indictment, finding that the "search was unconstitutional because the officer had no reasonable, articulable suspicion of further criminal activity to justify the request to search the vehicle and further detain [Knott]." The State appeals from the trial court's ruling asserting that Knott's consent was voluntary and therefore the search was valid. We find that the dispositive issues presented are: (1) whether Knott was unlawfully detained at the time that he consented to the search and, if so; (2) whether Knott's consent to search was voluntarily given. Because no findings were entered relevant to these issues, we are required to remand for findings of fact on these questions. Accordingly, the judgment of the trial court is reversed and the case remanded.

State of Tennessee v. Donald W. Rhea, Jr.
M2000-02299-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge J. Randall Wyatt, Jr.

The Appellant, Donald W. Rhea, Jr. was indicted on one count of aggravated robbery and one count of attempted aggravated robbery stemming from a single criminal episode. Pursuant to a plea agreement, Rhea pled guilty to the lesser offenses of robbery and attempt to commit robbery. Following a sentencing hearing, the Davidson County Criminal Court sentenced Rhea to the maximum sentence of six years for robbery and three years for attempted robbery. The court, finding Rhea's history of criminal activity extensive, further ordered that these sentences be served consecutively, for an effective sentence of nine years in the Department of Correction. Rhea appeals to this court, contending that the trial court erred in ordering consecutive sentences. After review of the record, we affirm.

Kenneth Psillas, et al vs. Home Depot, Inc.
M1999-00064-COA-R9-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Russell Heldman
This appeal involves an eight-year-old boy who was injured while playing on a roll of carpet in a home improvement store. The child and his parents filed a negligence action against the home improvement retailer in the Circuit Court for Williamson County. After extensive discovery, the retailer moved for summary judgment on the ground that the child and his parents had failed to demonstrate that they would be able to prove all the necessary elements of their negligence claim. The child and his parents responded that they had presented sufficient evidence to make out their claim based on the doctrine of res ipsa loquitur. The trial court denied the motion for summary judgment but authorized the retailer to pursue a Tenn. R. App. P. 9 interlocutory appeal. We have determined that the trial court erred by denying the retailer's summary judgment motion because the boy and his parents have not presented sufficient evidence to invoke the res ipsa loquitur doctrine. Accordingly, we reverse the order and remand the case to the trial court with directions that the case be dismissed.

Kathryn Darden vs. Bradley Sensing, et al
M2000-01519-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Ellen Hobbs Lyle
This appeal arises from the Appellant's purchase of a house and property owned by the Appellees. Following the purchase, a landslide occurred on the property. The Appellant filed a complaint in the Chancery Court of Davidson County seeking compensatory damages against the Appellees for fraud, intentional misrepresentation, negligent misrepresentation, breach of warranty, breach of contract, deceit, and violation of the Tennessee Consumer Protection Act. Following a jury trial, the jury entered a verdict in favor of the Appellees. The Appellant filed a motion for a new trial. The trial court denied the motion for a new trial. The Appellant appeals the jury verdict in favor of the Appellees and the denial of the motion for a new trial by the Chancery Court of Davidson County. For the reasons stated herein, we affirm the trial court's decision.

In the Matter of: Dakota Hoover-Crawford , Colton Thomas & Dusty Thomas, Dept. of Children's Svcs. vs. Niki Crawford Thomas
M2000-01655-COA-R3-CV
Trial Court Judge: John B. Melton
This is a suit for the termination of parental rights. The Appellee filed a petition to terminate the Appellant's parental rights to three of her minor children. Following a hearing, the Juvenile Court of Cannon County entered an order terminating the Appellant's parental rights. The Appellant appeals the trial court's order terminating her parental rights. For the reasons stated herein, we affirm the trial court's decision.

State of Tennessee v. Roy B. Lipford
W1999-01737-CCA-R9-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge John P. Colton, Jr.

The issues in this interlocutory appeal by the state, as we view them, are straightforward: (1) whether the Supreme Court of Tennessee has the authority by rule to prohibit a full-time municipal judge from representing a defendant or otherwise practicing law after 180 days from assuming judicial office; and (2) if so, whether the Supreme Court of Tennessee intended exactly what the rule says. We conclude that it does and did. We further conclude that a violation of this Supreme Court Rule is prejudicial to the judicial process, and the issue is not waived by the failure of the opposing party to request disqualification at its first opportunity to do so. Accordingly, we reverse the judgment of the trial court which declined to disqualify defendant's attorney, a sitting judge, from further participation in this case.

State of Tennessee v. Mary Christine Whiteside Cook
E2000-02802-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge R. Steven Bebb

The defendant, Mary Christine Whiteside Cook, seeks to appeal as of right from the trial court's denying her petition to enforce a plea bargain agreement and her request for a writ of habeas corpus. She asserts that pursuant to the agreement, she is entitled to immediate release from her imprisonment, which results from her 1986 conviction upon her plea of guilty to first degree murder. We are constrained to dismiss the appeal because of the lack of jurisdiction.

State of Tennessee v. Lisa White
E2000-01865-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge R. Steven Bebb

The appellant, Lisa White, a/k/a Lisa Croft, appeals her conviction for aggravated robbery. On appeal, the appellant challenges the sufficiency of the evidence and alleges she was prejudiced by allegedly improper remarks by the prosecutor during opening arguments. After a thorough review of the record, this Court disagrees and affirms the appellant's conviction.

State of Tennessee v. James E. Gordon
M2000-02435-CCA-R3-PC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Donald Paul Harris

The petitioner appeals the post-conviction court's denial of his petition for post-conviction relief. He claims that he received ineffective assistance of trial counsel because trial counsel failed to call certain witnesses and did not call the petitioner to testify on his own behalf at trial. After review, we affirm the judgment of the post-conviction court denying the petitioner any relief.

State of Tennessee v. Ryan Jacob Cummins
M2000-02226-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Jane W. Wheatcraft

The defendant appeals from the trial court's imposition of the maximum sentences within the range. The State agrees that the trial court erred in applying enhancement factor (7). After review, we conclude that neither enhancement factor (7) nor (15) is applicable under these facts. Therefore, the defendant's sentence is modified to the statutorily required sentences of eight years in the Department of Correction at 100 percent for the aggravated sexual battery offense and to three years on each attempted aggravated sexual battery offense.

Justin C. Marr v. State of Tennessee
M2000-01412-CCA-R3-PC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Walter C. Kurtz

The petitioner appeals the post-conviction court's denial of his petition. He claims that he received ineffective assistance of counsel and his plea of guilty was involuntarily entered. After review, we affirm the judgment of the post-conviction court.

Kathy Phillips, et al vs. Scotty Redmon, et al
M1999-01619-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Clara W. Byrd
In this appeal from the Circuit Court for Wilson County the Appellant, Justin Redmon, a minor child, through his guardian ad litem, questions whether the Trial Court erred in granting a petition filed by the Appellee, Kathy Phillips, to change custody from Justin's natural father, Scotty Redmon, to Ms. Phillips, Mr. Redmon's sister. We affirm the judgment of the Trial Court and remand for collection of costs below.

Raymond O. Jackson v. State of Tennessee
M1999-02106-CCA-R3-PC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Steve R. Dozier

The petitioner appeals the trial court's dismissal of his petition for post-conviction relief. Specifically, he contends that the trial court denied him an opportunity to have a full and fair hearing on the merits of his claim. After review, we agree with the trial court and affirm the dismissal.

Christina Mae Stroud vs. Jimmy Stroud
M1999-02239-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Muriel Robinson
In this post-divorce case, the mother appeals the trial court's refusal to overturn a 1995 order awarding the father a judgment against her and sentencing her to ten days in jail for contempt of court. We affirm the trial court.

Gulf Insurance Co. vs. Construx, Inc., et al
M1999-02803-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Russell Heldman
This is an appeal from the grant of Plaintiff's motion for summary judgment. The case arises from a construction contract in which Gulf Insurance Co. provided Construx, Inc. the required payment and performance bonds, and in return obtained an indemnity contract with the individual Defendants as indemnitors. Additionally, a Settlement Agreement was executed in connection with the permanent loan financing and Gulf settled the subcontractor liens with the remaining proceeds of the construction loan. After payments were made, Gulf sued for indemnity under the indemnity contract for payments made. Construx asserted that the Settlement Agreement barred Plaintiff's claims or, alternatively, Gulf did not act reasonably and in good faith in settling the claims and is not entitled to recovery. Summary judgment was granted to Gulf and Construx appealed. For the reasons below, we reverse and remand finding that there are genuine issues of fact, making summary judgment inappropriate.

State of Tennessee v. Phillip Michael Cisson
E2000-02138-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge James B. Scott, Jr.

The defendant, Phillip Michael Cisson, entered pleas of guilt on two counts of burglary and two counts of theft over $1,000. The plea agreement provided for concurrent two-year sentences on each conviction. The single issue presented for review is whether the trial court erroneously denied probation. The judgment is affirmed.

State of Tennessee v. Ronald W. Byrd
E2000-00520-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Phyllis H. Miller

The appellant, Ronald W. Byrd, was convicted in the Sullivan County Criminal Court of attempt to commit aggravated kidnapping, aggravated criminal trespass, and resisting arrest. The trial court sentenced the appellant to a total effective sentence of six years incarceration in the Tennessee Department of Correction. On appeal, the appellant raises the following issues for our review: (1) whether the trial court should have permitted the jury to consider the issue of whether the appellant's conduct was fairly motivated by his desire to make a citizen's arrest; and (2) whether the evidence is sufficient as a matter of law to sustain a conviction of attempted aggravated kidnapping. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.

Dale Conrad McQuiston vs. Thomas Ward, Sheriff of Perry County
M2001-00201-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Russell Heldman
Dale Conrad McQuiston filed a pleading entitled "Writ of Replevin" wherein he sought to recover $1,000 cash and various items of personal property which were alleged to have been seized by the defendant Thomas Ward, Sheriff of Perry County, Tennessee. The trial court granted Defendant's motion for summary judgment. We affirm on the basis that Mr. McQuiston's suit was barred by the three year statute of limitations set forth in section 28-3-105 of the Tennessee Code Annotated.