Opinions

Teddy Tedder/Maurice Tedder vs. Union Planters
W1999-01971-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: James F. Russell
The plaintiff worked for a temporary employment agency and was assigned to work for a bank. The plaintiff fell in the bank parking lot as she was reporting to work. She filed a negligence lawsuit against the bank for her injuries. The trial court granted the bank's motion for summary judgment on the basis that the plaintiff was a co-employee of the bank under the loaned servant doctrine; therefore, the suit was precluded under the workers' compensation statute. The plaintiff appeals. We affirm, finding that the plaintiff was a co-employee of the bank under the loaned servant doctrine.

Willie James Robinson, Jr. vs. State
E1999-00945-CCA-R3-PC
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: E. Eugene Eblen
The defendant seeks habeas corpus relief from two life sentences, claiming that the sentences are void because the trial judge failed to sign the judgments or the minutes. We hold that the failure to sign the judgments and the minutes does not render the petitioner's sentences void. The trial court is affirmed.

Bailey vs. Bailey
W1999-01000-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Joe C. Morris
This is a divorce case involving child custody. Mother and Father are divorced and have one minor child. The trial court granted custody of the minor child to Father. Mother appeals, arguing that the trial court erroneously based its decision on her lack of relationship with her father, the child's maternal grandfather. We affirm.

Emergicare Consultants vs. Barbara Woolbright
W1998-00659-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: D. J. Alissandratos
In this action, Emergicare Consultants, Inc., seeks to pierce the corporate veil of Medic Ambulance Service, Inc. Emergicare and Medic entered into a contract whereby Emergicare was to manage Medic. The purpose of the management contract was to streamline Medic in preparation for a sale to an ambulance consolidator. Emergicare claims that once it delved into the management of Medic, it discovered several abuses of the corporate form. As a result, Emergicare now seeks to pierce the corporate veil to impose personal liability on Medic's president, Barbara Woolbright, in order to recover $64,000 due under the management contract.

Nancy Nichols vs. Howard Nichols
W1999-00566-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Walter L. Evans
This is a post-divorce action on modification of child support. The parties' original divorce decree required the father to pay child support and, in addition, pay the private school tuition of one of the parties' children. Months later, the father filed a petition to eliminate his obligation to pay the tuition. The trial court referred the issue to a referee, issued an order consistent with the referee's ruling, and then later set it aside. The trial court then referred the issue to a special master for findings of fact. Adopting the findings of the special master, the trial court eliminated the father's obligation to pay the child's private school tuition. The mother appeals, arguing that there was not a significant variance justifying modification of the child support award. We reverse, finding that the basis for the trial court's modification were facts that were before the trial court at the time of the initial award, and that there are no facts in the record sufficient to support modification.

Carolyn Strange vs. Ronnie Peterson
W1999-00489-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Walter L. Evans
This case arises out of the sale of a home. The Appellants claim that the Sellers fraudulently or negligently misrepresented the condition of the home. Specifically, the Appellants claim that the Sellers failed to disclose a water problem located in the crawlspace underneath the home. For the following reasons, we affirm the finding of the trial court that the Sellers are not guilty of fraudulent or negligent misrepresentation.

Jerry Worrell vs. Ann Worrell
W1999-01786-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: L. Terry Lafferty
This appeal arises from a dispute over insurance proceeds between Nephews, as remaindermen of their Aunt's life estate, and their Aunt, as the life tenant of certain property. The trial court awarded the Aunt sole rights to insurance proceeds obtained after the destruction of that property to the exclusion of the Nephews. The Nephews appeal that ruling as well as the trial court's omission of certain hearsay testimony, and its failure to award them declaratory judgment. We affirm the rulings of the trial court.

W1999-01393-COA-R3-CV
W1999-01393-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: George R. Ellis

State vs. Michael Lynn Breeden
E1999-01290-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: D. Kelly Thomas, Jr.
The defendant, Michael Lynn Breeden, appeals the revocation of his probation. He contends that his remaining on probation would provide more supervision than he will have on parole and would allow him to be more timely in paying restitution. We hold that the defendant's record of noncompliance with the terms of probation is substantial evidence to support the trial court's decision to revoke probation. We affirm the trial court.

State vs. Mark Anthony Griffin
E1999-00122-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Richard R. Baumgartner
The defendant appeals his convictions for aggravated robbery and attempted robbery, for which he received an effective nine-year sentence. The defendant raises the following issues in this appeal: 1) whether evidence presented at trial was sufficient to sustain the guilty verdicts; 2) whether the trial court erred by not suppressing his confession; and 3) whether the trial court erred by denying the defendant's motion for dismissal based upon a violation of due process and denial of a speedy trial. We conclude the first two issues are without merit, but remand for another hearing on the due process/speedy trial issue.

Shirley Williams vs. Donald Thrailkill
W1999-01032-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: William A. Peeler
This case involves visitation rights for an aunt of the minor child. In 1992, the aunt and her husband were granted visitation rights by the Shelby County Juvenile Court. In 1997, after the child's father had moved with the child to Tipton County, the aunt and her husband filed a petition in the Tipton County Juvenile Court to hold father in contempt for failing to abide by the visitation order, to change custody, and alternatively to enforce visitation. After an evidentiary hearing, the Tipton County Juvenile Court held that the prior Shelby County Juvenile Court order granting visitation to aunt was in full force and effect and incorporated the Shelby County order and its order by reference. Father has appealed.

In re: Petition of John Weatherford
W1999-01014-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Ron E. Harmon
Darrin Sheffield appeals the trial court's judgment terminating his parental rights to his minor son, Tyler Lee Weatherford. We affirm the trial court's judgment based on our conclusion that the record contains clear and convincing evidence to support the court's findings that Mr. Sheffield abandoned Tyler and that termination of Mr. Sheffield's parental rights was in Tyler's best interest.

State vs. Tony Jamerson
W1999-00935-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Joseph B. Dailey
The appellant, Tony Jamerson, appeals from his conviction of first degree premeditated murder, for which he is serving a sentence of life without the possibility of parole. He alleges his conviction was based upon insufficient evidence of premeditation, that his confession was obtained in violation of his constitutional rights and improperly admitted as evidence against him, and that he was denied his right to confront a witness against him by the trial court's ruling limiting the scope of cross-examination of a witness. Finding no merit in these contentions, we affirm the judgment of the trial court.

State vs. Dak Manyal
W1999-00909-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: W. Fred Axley
Pursuant to a negotiated plea agreement, the Defendant was convicted of attempted aggravated sexual battery and was sentenced to serve four years in the Shelby County Correction Center. He appeals from the trial court's denial of his request to serve the balance of his sentence on probation. We affirm the judgment of the trial court.

William Crawford vs. Gregory Dodson
W1998-00805-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: C. Neal Small
This is a boundary line dispute. The defendants appeal a jury verdict finding that the boundary line was situated where the plaintiffs had maintained. The defendants assert that the trial court erred in denying their motion for judgment notwithstanding the verdict, and also appeal several other rulings by the trial court. We affirm the trial court, except to remand for modification of the trial court's award of discretionary costs to the plaintiff.

Mickey Billinsley vs. Diane Billingsley
W1999-00338-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: William Michael Maloan
This case concerns a husband's efforts to terminate his obligation to pay his ex-wife $216.67 per month in alimony in futuro because of the post-divorce increase in his former wife's income. The trial court denied the husband's petition, finding that there had not been a change in circumstances sufficient to warrant the termination of the spousal support obligation. We affirm.

Joseph Elcan vs. Linda Augustine
W1999-01621-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Joseph H. Walker, III
This appeal involves a will contest concerning the last will and testament of Frank Elcan. Contestants are, among others, the brother and half sister of the testator. The proponents of the will are Linda Augustine and Jimmy Elcan. The complaint alleges that a paper writing dated December 1, 1995, previously admitted to probate in common form is not the lawful will of the testator because he lacked testamentary capacity and because he was unduly influenced by Linda Augustine. The proponent's answer denies the material allegations of the complaint.

Russell Graves vs. Kraft Foods
W1999-02010-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: L. Terry Lafferty
This appeal arises from an appeal made from general sessions court to chancery court. The appellee, Kraft General Foods (Kraft), appealed a general sessions judgment to chancery court. Appellants, Mr. Graves and Ms. Cross, filed motions to dismiss, while Kraft filed a motion to transfer to circuit court. The chancery court denied the motions to dismiss and granted the motion to transfer. On review, we find that the chancery court lacked any subject matter jurisdiction over the appeal. In addition, we find no statutory authority providing for chancery court to transfer such appeals. As such, Kraft did not make a timely appeal of the general sessions judgment. The circuit court's denial of the motions to dismiss is reversed.

William Fleming vs. Leatha Fleming
W1999-01978-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Karen R. Williams
This appeal involves the division of marital property and award of alimony in futuro in an action for divorce. Husband receives retirement income from the United States Army. Wife has an annuity through her employer which accrued during the parties' marriage. The circuit court awarded Wife $150 a month as alimony in futuro, but ruled that the parties should keep their retirement accounts as separate property. Husband has appealed, and both parties present issues for review.

William Bret Robinson vs. State
E1999-00950-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: James B. Scott, Jr.
The state appeals the trial court's exoneration of a bond forfeiture taken against AA Bonding Company. The trial court exonerated the bonding company of the entire bond amount of $8,000, even though the forfeiture was final and the full amount had been paid to the trial court clerk. Concluding that Tenn. Code Annotated section 40-11-204(a) authorizes the action of the trial court and that the record reflects no abuse of the trial court's discretion, even though the trial court granted the exoneration via an $8,000 credit against AA Bonding's future forfeitures in Anderson County, we affirm the trial court's order to grant exoneration; however, we reverse as to the amount of, and the manner of effectuating the refund.

State vs. James Robert Ledford
E1999-00917-CCA-R3-CD
A Bradley County jury found the appellant, James Robert Ledford, guilty of one count of conspiring to present a false insurance claim, presenting a false insurance claim, and arson of personal property. For these offenses, the appellant was sentenced to five years, with all but ninety days suspended. In this appeal as of right, the appellant contends that (1) the trial court erred in denying suppression of his statement to the police which was obtained in violation of his constitutional rights and (2) the evidence is insufficient to support his conviction for conspiracy to present a false insurance claim. After review, we affirm.

State of Tennessee v. Keith Pettigrew
W2002-02539-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Joseph B. Dailey

Tennessee Pine vs. David/Patty Via
W1999-00558-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Joe C. Morris
A timber company filed a declaratory judgment suit to determine its rights and to declare its contract with a landowner valid and enforceable. The trial court modified the contract and declared the contract as modified valid and enforceable. The landowner has appealed and presents the sole issue for review as whether the trial court erred in not holding the contract unenforceable because of laches.

State vs. Orlando Ward
W1999-00609-CCA-R3-CD
Authoring Judge: Judge Cornelia A. Clark
Trial Court Judge: W. Fred Axley
Undercover police officers arrested defendant and recovered 2.7 grams of cocaine from his vehicle. Defendant was indicted for possession of cocaine with intent to sell or deliver, a Class C felony. He entered a plea of guilty to the lesser offense of attempt to commit possession of cocaine with intent to sell or deliver, a Class D felony. As a part of the negotiated plea agreement defendant agreed to a sentence of two (2) years as a standard offender. The manner of service was left for determination by the trial court. Defendant now appeals the trial court's finding that he should serve his sentence without the opportunity for alternative sentencing. We affirm the judgment of the trial court.

State vs. Arthur Clark
W1999-01747-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Chris B. Craft
The defendant was found guilty by a Shelby County jury on two counts of rape. The second count of the indictment, charging rape of a "physically helpless" victim, was merged by the trial court with the first count, charging forcible rape; and the defendant was sentenced to eight years and three months. In this appeal as of right, he argues the trial court should have forced the State to elect one count of the indictment upon which to proceed. He further challenges the sufficiency of the evidence as to both counts of the indictment. We conclude the State was not required to make an election. We further conclude that the evidence is sufficient to support the defendant's conviction for forcible rape, but not rape of a "physically helpless" victim. Thus, we remand to the trial court for entry of a new judgment in accordance with this opinion.