Phyllis Renee Brown, v. Charles Chandler Brown, Sr. - Concurring
02A01-9709-CV-00228
Authoring Judge: Judge David R. Farmer

I concur in the result reached by the majority opinion. However, I write separately to express my concern with the language on page 10 of that opinion which states that, “[i]n order to be compelling enough to warrant the dramatic remedy of changed custody, the change of circumstances must be such that ‘continuation of the adjudicated custody will substantially harm the child.’” I acknowledge that this language appears in Wall v. Wall, 907 S.W.2d 829, 834 (Tenn. App. 1995), an opinion of the middle section of this court. However, I further note that Wall cited Contreras v. Ward, 831 S.W.2d 288 (Tenn. App. 1991). Contreras was a parental relocation case which stated the long recognized rule that “the best interest and welfare of the child must be the primary focus of attention.” Contreras, 831 S.W.2d at 290. The court also cited with approval from Sartoph v. Sartoph, 354 A.2d 467, 473 (Md. Ct. Spec. App. 1976), wherein the Maryland Court of Special Appeals stated that “[t]he custody of children should not be disturbed unless there is some strong reason affecting the welfare of the child. To justify a change in custody, the change in conditions must have occurred which affects the welfare of the child and not that of the parents.”

Frizzell Construction, Inc., v. Gatlinburg, LLC.
03A01-9805-CH-00161
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Chancellor Telford E. Fogarty, Jr.

The facts of this case, as material to this appeal, are relatively simple. The parties entered into a contract for the construction of a hotel in Gatlinburg, Tennessee. The contract was a standard 2
Associated General Contractors ConstructionManager contract styled "Standard Form of Agreement Between Owner and Construction Manager." The agreement contains two provisions that are germane to the issues under consideration here.

Kevin R. Wagner and Peggy A. Wagner, v. Tabor Construction, Inc. and John Tabor, D/B/A Tabor Construction Company
03A01-9805-CV-00159
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Judge Wheeler Rosenbalm

The facts of this case are relative (sic) simple. The plaintiffs contracted to purchase a house from the defendant. When the house was complete, excepting some "punch list items" the parties entered into a second contract. By the terms of the second contract, the defendant was to place $5,000.00 in escrow with the monies to be used toward the completion of the "punch list items. Part of the work was compleed on the "punch list" items.

Phyllis Renee Brown, v. Charles Chandler Brown, Sr.
02A01-9709-CV-00228
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge James F. Russell

Charles Chandler Brown, Sr., (Father), appeals the trial court's order denying his petition to modify the custody arrangement previously agreed to by the parties and set forth i their final divorce decree. For the reasons stated hereinafter, we affirm the trial court's judgment with certain modifications.

Gary Charles Hill, v. Insurance Company of North America
03S01-9712-CH-00150
Authoring Judge: Special Judge Roger E. Thayer
Trial Court Judge: Chancellor Jeffrey F. Stewart

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. § 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law.

State of Tennessee vs. James Christopher Tatrow
03C01-9707-CR-00299
Authoring Judge: Judge Curwood Witt
Trial Court Judge: Judge John A. Turnbull

A jury in Cumberland County Criminal Court convicted the defendant, James Christopher Tatrow, of two counts of felony murder and two counts of especially aggravated kidnapping in the deaths of Roger Zammit and John Harry. The defendant was also convicted of two counts of premeditated and deliberate murder of the same victims. The trial court set aside those verdicts, however, as the thirteenth juror. See Tenn. R. Crim. P. 33 (f). In the sentencing phase, the jury declined to impose the death penalty or life without parole and sentenced the defendant to serve life sentences with the possibility of parole. At the conclusion of a sentencing hearing, the trial court ordered the defendant to serve two consecutive life sentences concurrently with sentences of 22 years for the kidnapping convictions. The defendant now challenges the validity of the convictions and the propriety of consecutive sentencing pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure.

Policeman's Benefit Assoc. of Nashvillevs. Nautilus Insurance Co.
M2001-00611-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Plaintiff filed this declaratory judgment action against its liability insurance carrier to determine the carrier's duty to defend plaintiff in a federal lawsuit and its obligation to provide indemnity coverage. The trial court granted defendant summary judgment, and plaintiff appeals. We vacate and remand.

State vs. Royce Lane
02C01-9604-CC-00133
Trial Court Judge: Joe G. Riley. Jr.

State vs. Michael Love
02C01-9805-CC-00134

Lescarbeau vs. Lescarbeau
03A01-9706-CV-00215

Caruthers vs. Caruthers
03A01-9712-PB-00539

03A01-9712-CH-00535
03A01-9712-CH-00535

Fowler vs. Bowie
03A01-9801-CV-00021

Sanjines vs. Sanjines
03A01-9808-CV-00253

Moore vs. Moore
03A01-9708-CH-00382

Pleasant vs. Repass
03A01-9804-CH-00117

01A01-9711-PB-00656
01A01-9711-PB-00656
Trial Court Judge: Frank G. Clement, Jr.

State vs. Charles Madison Blackman, Jr.
01C01-9708-CC-00335
Trial Court Judge: J. S. Daniel

State v. Larry Morris
01C01-9708-CC-00322

State vs. Thomas Davenport
01C01-9802-CC-00065
Trial Court Judge: Don Ash

State vs. Thomas Davenport
01C01-9802-CC-00065
Trial Court Judge: Don Ash

Kennedy vs. Robson
01A01-9707-CV-00343
Trial Court Judge: Thomas Goodall

Thomas Calvin Maney v. Tennessee Board of Paroles
X2010-0000-XX-X00-XX
Authoring Judge: Judge Thomas W. Brothers
Trial Court Judge: Presiding Judge Ben H. Cantrell

A prisoner at the Lake County Regional Correctional Facility filed a Petition for Writ of Certiorari in the Circuit Court of Davidson County, claiming that the Board of Paroles had acted illegally in revoking his parole, and in refusing to recondiser the revocation. The circuit court granted summary judgment to the Board of Paroles.  We affirm.

X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX

Advo, Inc. and Insurance Company of North America v. Denise Phillips
02S01-9711-CV-00096
Authoring Judge: J. Steven Stafford, Special Judge
Trial Court Judge: Hon. Robert A. Lanier,