Leslie A. Lewis, v. John S. Muchmore and Virginia L. Muchmore
W1998-00794-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: John R. McCarroll, Jr.

Leslie A. Lewis filed a detainer warrant in the General Sessions Court of Shelby County against John S. Muchmore and Virginia Muchmore alleging forcible entry and detainer (FED)1 or unlawful detainer. The court entered judgment for possession only and the Muchmores appealed to circuit court where the Muchmores brought a counter-complaint for specific performance of a real estate contract. Following a bench trial, judgment was entered in favor of the plaintiff, Leslie A. Lewis, restoring her to possession of the subject premises and dismissing the countercomplaint. This appeal resulted.

Robert Eugene Lamb, James Morris Lofton, et al. v. MegaFlight Inc., a Florida Corp., Ronald Rosenburg, et al., - Concurring
W1998-00797-COA-R3-CV
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor Dewey C. Whitenton

Lamb, Lee, Lofton, and Bailey (“Plaintiffs” or “Phoenix”) brought suit alleging breach of contract and fraudulent inducement in the Chancery Court of McNairy County, Tennessee. MegaFlight, Rosenberg, and Noel (“MegaFlight”) filed a Motion to Dismiss for lack of jurisdiction because a forum selection clause in the contract specified that any action must be brought in the courts of Orange County, Florida. The trial court granted Defendants’ motion to dismiss. Plaintiffs appeal. Based upon the following, we reverse the lower court’s grant of Defendants’ Motion to Dismiss.

David Chenault, v. Jeff L. Walker, Jo Bursey, Jack L. Moore, Ocean Inn, Inc., and Dimension III Financial Inc.
W1998-00769-COA-RM-CV
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge John R. McCarroll, Jr.

This case deals with in personam jurisdiction under the Tennessee Long Arm 1 This Court originally denied the application for interlocutory appeal. The Supreme Court granted the appellant’s T.R.A.P. 11 application for permission to appeal and remanded the case to this Court for a review on the merits. 2 Also named as a defendant is Jeff L. Walker, but he is not involved in this interlocutory appeal. 2 Statute and comes to this Court as a T.R.A.P. interlocutory appeal.1 Defendants, Jo Bursey (Bursey), Jack L. Moore (Moore), Ocean Inn, Inc. (Ocean Inn), and Dimension III Financial, Inc. (Dimension III)2, appeal the order of the trial court denying their motions to dismiss for lack of jurisdiction.

David . LeFemine, and David Sanders, v. Phillips & Jordan, Incorporated
03A01-9904-CH-00136
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Chancellor G. Richard Johnson

This is a suit by Plaintiffs David LeFemine and David Sanders seeking damages for breach of contract against Defendant Phillips & Jordan, Incorporated, which alleges that Defendant  Phillips & Jordan failed to provide the Plaintiffs an access road as it had by written contract agreed to do. The Trial Court dismissed the Plaintiff's proof resulting in this appeal which insists the evidence preponderates against the action of the Trial Court. We vacate the Trial Court'sjudgment and remand the case for further proceedings.

Gerald W. Smith, v. Roane County Circuit Court Harriman Utility Board, Richard A. Hall and the City Harriman, Tennessee
E1999-02456-COA-
Authoring Judge: Judge D. Michael Swiney
Trial Court Judge: Judge Russell E. Simmons, Jr.

'This is an appeal by Gerald W. Smith (“Plaintiff”) under T.R.A.P. Rule 3 alleging error in the Trial Court’s granting Summary Judgment to Defendants/Appellees, Harriman Utility Board (“HUB”), HUB General Manager Richard A. Hall (“Hall”), and the City of Harriman, Tennessee (“Harriman”). Plaintiff was an employee of HUB, and after his employment was terminated filed suit for breach of contract, procurement of breach of contract in violation of T.C.A. 2 § 47-50-109, retaliatory discharge, and promissory estoppel. The Circuit Court for Roane County entered summary judgment for Defendants on all claims. For the reasons set forth below, we affirm the judgment of the Trial Court.

In the Matter of The Liquidation for United American Bank of Knoxville, TN Security Pacific Equipment Leasing, Inc. v. Federal Deposit Insurance
E1999-00270-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Chancellor Daryl E. Fansler

Appellant leased equipment to United American Bank (“UAB”) for a seven year term. Three years into the lease, UAB was closed by the Tennessee Commissioner of Banking and FDIC FILED February 9, 2000 Cecil Crowson, Jr. Appellate Court Clerk 2 was appointed as receiver. Appellant filed a claim with FDIC seeking recovery of the full amount due on the lease. The Trial Court granted summary judgment to FDIC, thus upholding the constitutionality and applicability of T.C.A. § 45-2-1504(b), which provides that lessors can recover a maximum of two months’ lease payments after a Tennessee bank fails and is closed. In this appeal, lessor contends that T.C.A. § 45-2-1504(b) violates the Equal Protection Clauses of the U.S. and Tennessee Constitutions by treating lessors differently from other contract claimants and that the application of the statute results in an unconstitutional taking of its property without due process of law in violation of the Fourteenth Amendment to the U.S. Constitution and Article I, Section 21 of the Tennessee Constitution. For the reasons herein stated, we affirm the judgment of the Trial Court.

Shyun S. Hamlett v. Heilig-Meyers Furniture Co. and Lumberman's Mutual Insurance Company
W1998-00117-SC-WCM-CV
Authoring Judge: F. Lloyd Tatum, Senior Judge
Trial Court Judge: Hon. Joe C. Morris
This workers' compensation appeal was referred to the Special W orkers' Compensation Appeals Panel of the Supreme Court pursuant to Tennessee Code Annotated _ 5-6-225(e)(3) (Supp. 1998) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. This is an appeal by the employee, Shyun S. Hamlett, from a judgment of the Chancery Court of Madison County in favor of the defendants. The chancellor found that the appellant "was outside the course and scope of her employment" at the time of the accidental injury. In her only issue, the plaintiff states that the trial court was in error in its conclusion. We find that the preponderance of the evidence supports the finding of the chancellor and affirm his judgment. The standard of review of factual issues in workers' compensation cases is de novo upon the record of the trial court with a presumption of correctness, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2) (1991 and Supp. 1998); Henson v. Lawrenceburg, 851 S.W.2d 89, 812 (Tenn. 1993). Under this standard, we are required to conduct an in-depth examination of the trial court's findings of fact and conclusions of law to determine where the preponderance of the evidence lies.

State of Tennessee v. Charles Damien Darden
M1996-00044-SC-R11-CD
Authoring Judge: Justice William M. Barker
Trial Court Judge: Judge Robert B. Wedemeyer

We granted this appeal to decide (1) whether the circuit court had jurisdiction over criminal charges that were not addressed in juvenile court during the transfer hearing; and (2) whether the amendment to Tennessee Code Annotated section 37-1- 159(d) (Supp. 1999), generally eliminating the requirement for an acceptance hearing, is unconstitutional. After examining the record and considering the arguments of the parties and applicable law, we conclude that the circuit court properly exercised jurisdiction over the criminal charges transferred from juvenile court as well as over the additional charges found in the grand jury’s indictment. In addition, we conclude that the General Assembly did not act unconstitutionally in eliminating the requirement for an acceptance hearing. Accordingly, for the reasons herein, we affirm the Court of Criminal Appeals.

Donald P. Spicer v. State of Tennessee
W1996-00042-SC-R11-CD
Authoring Judge: Justice William M. Barker
Trial Court Judge: Judge Arthur T. Bennett

In this appeal, we address several issues related to the consolidation and severance of multiple sexual abuse offenses pursuant to Tennessee Rules of Criminal Procedure 8, 13, and 14. More specifically, these issues are: (1) whether the appellant properly preserved his right to a severance of offenses under Rule 14(b)(1) by objecting to a pre-trial motion for consolidation; if so, (2) whether the trial court abused its discretion by improperly consolidating two indictments alleging child rape and aggravated sexual battery in a single trial; and if so, (3) whether that abuse of discretion affirmatively appears to have affected the outcome of the trial. For the reasons stated herein, we hold that the appellant properly preserved his right to a severance of offenses and that the trial court abused its discretion by consolidating both indictments in a single trial. Because we also hold that the trial court’s abuse of discretion affirmatively appears to have affected the outcome of the trial, we vacate the appellant’s conviction and sentence and remand this case to the Shelby County Criminal Court for a new trial. The judgment of the Court of Criminal Appeals is affirmed in part as modified and reversed in part.

Harry Clark March and Trudi Janette Marsh, Susan R. Limor, Trustee v. Fleet Mortgage Group and Bank United
398-04816-KL3-7)
Authoring Judge: Justice Adolph A. Birch, Jr.

Pursuant to Rule 23 of the Rules of the Supreme Court of Tennessee,1 this Court accepted certification of the following question from the United States Bankruptcy Court for the Middle
District of Tennessee: Whether the omission of the official notary seal in the acknowledgment on
a Tennessee deed of trust as required by Tennessee Code Annotated § 66-22-110, renders the instrument “null and void as to . . . subsequent creditors . . . or bona fide purchasers . . . without notice” as provided in Tennessee Code Annotated § 66-26-103. After careful consideration, we conclude that the official seal of the acknowledging notary public must be affixed to a deed of trust if that instrument is to constitute notice to subsequent creditors or bona fide purchasers. Because the deed of trust before us did not bear the official notary seal, it does not constitute notice to subsequent creditors and bona fide purchasers without notice.

State of Tennessee vs. Ronald Lockhart
03C01-9902-CC-00071
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge James E. Beckner

Defendant Ronald Lockhart appeals as of right from his conviction by a Hamblen County jury of driving under the influence, third offense, and driving with a revoked license. Defendant challenges the sufficiency of the evidence to support his conviction of driving under the influence. After a careful review of the record, we find no error, and affirm the judgment of the trial court.

Richard Pallmer Jahn, Jr., v. Sheryl June Jahn
E1999-01098-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Judge Douglas A. Meyer

This is a third appeal in this divorce action which was filed more than six years ago between plaintiff (“husband”) and defendant (“wife”).

Joe Parker, et al., v. Board of Commissioners of Roane Co., and TN Board of Commissioners of Roane Co., TN, v. Joe Parker, et al.
E1999-02277-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Judge Frank W. Williams, III

This an appeal of a Roane Chancery Court order which enjoined Appellants, Joe Parker, Mary Lynn Parker and Tiger Haven, Inc., from maintaining any Class I, wild or exotic animals, on certain parcels of land in Roane Count, and from expanding theoperation of Tiger Haven, Inc., except upon proper applicatin and approval by the County. While not as exactly stated by the parties, the issues raised on appeal aare whether (1) Appellant's refusal to rezone Appellant' property was arbitrary and capricious, (2) Appellants' use of parcel 22.06 is a pre-existing nonconforming use which may be expanded by Appellants, (3) Appellee's affirmative respresentations to Appellants and its failure to enforce its zoning ordinance for over six years estops it from now enforcing the zoning ordinances, (4) the A-2 zoning regulations are unconstitutionally vague and/or overbroad (5) the A-1 zoning regulations and Appellee's actions in not rezoning Parcel 29.01 work an unreasonable discrimination against Appellant's property, and (6) the Trial Court erred in denying Appellant's motion asking that the judgment be altered or amended or a new trial had based on evidence discovered after the trial. For the reasons herein stated, we vacate the judgment of the Trial Court and remand the case to the Trial Court for further proceedings consistent with this Opinion.

Harley White and William Mack White v. Guy N. Jones and wife, Violet E. Jones
E1999-01605-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Chancellor Telford E. Forgety, Jr.

This is a dispute between adjoining property owners over a tract of land which the Chancellor determined was owned by plaintiffs.

State of Tennessee, v. Male Pit Bull, Dewayne Rogers, Shanie Rogers , Billie Jean Ritchie Jones
E1999-01385-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Judge Douglas A. Meyer

This is an appeal from the Hamilton County Criminal Court’s finding of criminal contempt against Dewayne Rogers, Shanie Rogers and Billie Jean Ritchie Jones. Mrs. Jones, Defendant-Appellant, raises the following issue, which we restate: Whether the Appellant was improperly convicted of criminal contempt solely on the basis of the uncorroborated testimony of an accomplice?

Barbara Branum v. Corrine W. Akins, and Melvin L. Akins
E1999-00865-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Chancellor W. Frank Brown, III

This is a suit wherein the Plaintiff Barbara Brunum, inter alia, seeks to set aside a conveyance by her mother, the Defendant Corrine W. Akins--who held certain real property in trust for her--to her brother, Defendant Melvin L. Akins. The basis of the suit is that her mother violated her fiduciary duty by conveying the property to her brother and that he was guilty of fraud and conspiracy in accepting the transfer. The only consideration for the transfer was the assumption and payment of a prior secured indebtedness against the property in the amount of $29,392.25. The Trial Court found in favor of the daughter against the mother, awarded damages in the amount of $34,607.75, plus pre-judgment interest at the rate of 10 percent per annum, beginning April 28, 1998, the date our opinion in a prior appeal of this case was filed. The Chancellor dismissed the claim as to the brother. The daughter appeals insisting the Trial Court was in error in not setting aside the transfer. We are of the opinion that the Trial Judge acted properly and affirm the judgment entered.

State of Tennessee v. Mickey Jeffries
W1998-00002-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Chris B. Craft

The defendant, Mickey Jeffries, was convicted of felony murder. The trial court imposed a life sentence. In this appeal of right, the defendant challenges the sufficiency of the evidence.

We affirm the judgment of the trial court.

Kenneth Weems vs. State of Tennessee
W1999-00033-CCA-R3-PC
Authoring Judge: Judge Gary R. Wade
Trial Court Judge: Judge John P. Colton, Jr.

The petitioner, Kenneth Weems, appeals the trial court's denial of his petition for post-conviction relief. The single issue presented for review is whether the petitioner was denied the effective assistance of counsel for having failed to timely file an interlocutory appeal of an order denying the suppression of certain of the state's evidence. We find no error and affirm the judgment of the trial court.

State of Tennessee vs. Robert Emmet Dunlap, Jr.
W1999-00027-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Trial Court Judge: Judge C. Creed McGinley

The defendant, Robert Emmet Dunlap, Jr., was convicted on three counts of the sale of cocaine, a Schedule II controlled substance. See Tenn. Code Ann. § 39-17-417(a)(3). Fines totaled $225,000.00. The trial court imposed sentences of ten years on each count to be served concurrently with each other but consecutively to a prior sentence for a conviction in Montgomery County.

State of Tennessee vs. Franklin Dan Rickman
W1999-01781-CCA-R3-PC
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Lee Moore

Petitioner was convicted of theft and felony escape, and brought a post-conviction proceeding challenging his convictions. The petition was denied by the trial court. We affirm the dismissal of the petition.

Lawrence Tucker v. State of Tennessee
W1999-02396-CCA-R3-CD
Authoring Judge: Judge David G. Hayes

This case came to be heard on the motion of the State of Tennessee for an affirmance of the judgment of the trial court pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. In November 1997, the petitioner pleaded guilty to possession of marijuana with intent to deliver. Pursuant to his plea agreement, he was sentenced to one year at thirty percent (30%), with this sentence to be served consecutively to a sentence from Texas. The petitioner was apparently returned to Texas following his guilty plea, but Tennessee authorities have lodged a detainer against him providing for his return to serve his Tennessee sentence upon  completion of his Texas sentence.

State of Tennessee v. Rochelle Andre Triplett
W1999-01749-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Roy B. Morgan, Jr.

Appellant, Rochelle Andre Triplett, pled guilty to aggravated assault, simple assault, criminal impersonation, and possession of drug paraphernalia in March 1998. He received an effective three-year sentence and was placed on probation.  In June 1998, his probation officer filed a probation violation warrant alleging failure to report and failure to pay fines and costs. The trial court conducted a full revocation hearing, found appellant in violation and revoked his probation.  Appellant challenges that revocation. We AFFIRM.

State of Tennessee v. Freddie Lee Cunningham
W1999-00258-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge C. Creed McGinley

The defendant, Freddie Lee Cunningham, pled guilty to the possession of more than .5 gram of crack cocaine with the intent to manufacture,  deliver, or sell, a Class B felony. Tenn. Code Ann. § 39-17-417(a)(4), (c)(1). The trial court imposed a Range I sentence of eight years to be served in the Department of Correction. Fines totaled $2,000.00.

Duffy Tool & Stamping, Inc., v. Bosch Automotive Motor Systems, formerly known as BG Automotive Motors, Inc.
M1997-00144-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Chancellor Tom E. Gray

This appeal involves a contract dispute between a manufacturer of automobile parts and one of its suppliers. After the manufacturer complained repeatedly about the quality of its parts, the supplier informed the manufacturer that it would no longer supply the parts even though two years remained on its contract. The manufacturer rejected a portion of the supplier’s last shipment of parts and contracted with another supplier to take over the manufacturing of the parts. The original supplier then filed suit against the manufacturer in the Chancery Court for Sumner County for the balance due on its last shipment, and the manufacturer counterclaimed for breach of the supply contract. The trial court heard the case without a jury and determined that the supplier had breached the supply contract but was also entitled to a set-off based on its last delivery of parts. Accordingly, the trial court awarded the manufacturer a $133,542.66 judgment against the supplier. On this appeal, the supplier takes issue with the judgment on three grounds: that the parties modified their original contract; that the manufacturer waived its breach of contract claim; and that the trial court did not employ the proper measure of damages. We have determined that the evidence supports the trial court’s conclusion that the supplier breached the contract but that the trial court incorrectly calculated the damages. Accordingly, we reduce the manufacturer’s     judgment against the supplier to $18,953.

State of Tenessee o/b/o Carol A. Vaughn v. Peter Kaatrude - Concurring
M1997-00146-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Charles E. Bush

This appeal involves a father’s obligation to pay support for a non-marital child. Fifteen years after the child’s birth, the Tennessee Department of Human Services, acting on behalf of the child’s mother, filed suit in the Montgomery County Juvenile Court seeking to establish paternity and to obtain past and future support from the father. Following a bench trial, the trial court entered an order establishing paternity and ordering the father to pay $542.50 per month in child support. The juvenile court also awarded the mother $50,000 in back child support. The father now takes issue with the amount of the award for back child support. We have concluded that the evidence does not support the amount of the award for back child support and accordingly remand the case for further proceedings.