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| Jackie Cline vs. Emily Plemmons
E2002-02584-COA-R3-CV
This is a dispute between brother and sister over the handling of the affairs as conservators of their mother. The brother appeals from the Trial Court's rulings as to compensation, attorney's fees and conservatorship. On appeal, we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Jerri S. Bryant |
McMinn County | Court of Appeals | 10/16/03 | |
| Polk Couty Bd of Education vs. Polk County Education Assoc.
E2003-01110-COA-R3-CV
The Trial Court ruled the School Board did not have to negotiate with the Teachers Association regarding a dress code policy adopted by the Board. On appeal, we reverse and remand.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Jerri S. Bryant |
Polk County | Court of Appeals | 10/16/03 | |
| Brian Keith Chapman v. Bekaert Steel Wire Corporation,
W2002-00596-SC-WCM-CV
The claimant in this workers' compensation case has appealed the trial court's decision awarding him permanent partial disability benefits of twenty-five percent to the body as a whole. The trial court excluded the deposition of one of the physicians who examined the claimant but made alternative findings if the deposition were improperly excluded. The panel has concluded that the evidence preponderates against the trial court's exclusion of the deposition evidence. Accordingly, we reverse the trial court. We further find that the evidence preponderates in favor of the trial court's alternative finding of forty-five percent to the body as a whole. The trial court's judgment is modified accordingly.
Authoring Judge: D. J. Alissandratos, Sp.J.
Originating Judge:C, J. Steven Stafford, Chancellor |
Dyer County | Workers Compensation Panel | 10/16/03 | |
| State of Tennessee v. Charles R. Palmquist
M2002-01047-CCA-R3-CD
Defendant, Charles R. Palmquist, pursuant to a negotiated plea agreement, pled guilty to DUI first offense and reserved a certified question of law for appeal pursuant to Tenn. R. Crim. P. 37(b)(2)(i). After a review of the record and the briefs of the parties, we affirm the judgment of the trial court.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge John A. Turnbull |
Putnam County | Court of Criminal Appeals | 10/16/03 | |
| W2002-02534-COA-R3-CV
W2002-02534-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 10/16/03 | |
| Carl A. Lindblad v. Parkridge Health System
E2003-00221-COA-R3-CV
The plaintiff resigned his position as Director of the hospital's emergency services. Parkridge Health System, Inc. d/b/a East Ridge Hospital, [hereafter "the hospital" or "Defendant"] accepted his resignation and terminated his staff privileges in accordance with an employment Agreement. The hospital's bylaws required notice and hearing, which were not followed. The plaintiff filed this action asserting that in failing to observe its bylaws the hospital breached its contract with him since the bylaws were an integral part of the contract. The Chancellor granted the hospital's motion for summary judgment, holding that the Agreement, which provided for termination of staff privileges controlled the issue. We affirm.
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:W. Neil Thomas, III |
Hamilton County | Court of Appeals | 10/16/03 | |
| Dept. of Children's Services vs MW
E2003-00325-COA-R3-CV
The Trial Judge held the minor child was dependent and neglected and that the mother had committed severe child abuse against her child. Custody was awarded to DCS who was relieved of making reasonable efforts to reunify the mother and child. The mother appealed, insisting there is no evidence to support the Trial Court's findings. We affirm the Trial Court.
Originating Judge:Kindall T. Lawson |
Hamblen County | Court of Appeals | 10/16/03 | |
| W2002-01540-COA-R3-CV
W2002-01540-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Robert A. Lanier |
Shelby County | Court of Appeals | 10/16/03 | |
| Shawn Vineyard vs. Bill Varner D/B/A Fountain City Auto
E2003-00436-COA-R3-CV
Shawn T. Vineyard ("the plaintiff") purchased a 1991 Nissan automobile from Bill Varner, doing business as Fountain City Auto Sales ("the defendant"). Later, the plaintiff sued the defendant alleging a fraudulent misrepresentation and a violation of the Tennessee Consumer Protection Act ("the TCPA") in connection with the sale. In addition to other relief, the plaintiff sought compensatory damages; in the alternative, he asked for rescission of the sale agreement. After the trial court denied the defendant's motion for summary judgment, this matter proceeded to trial before a jury. The jury, in response to interrogatories, found the defendant guilty of violating the TCPA, but found no damages. The jury also found that the defendant had committed a fraudulent misrepresentation in connection with the sale of the automobile and assessed the plaintiff's damages at $2,100. In response to post-trial motions, the trial court decreed rescission and awarded the plaintiff the purchase price of $2,100. Defendant appeals, arguing that the trial court erred (1) in denying his motion for summary judgment; (2) in decreeing rescission and otherwise modifying the jury's verdict; and (3) in awarding attorney's fees of $12,000 to the plaintiff. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Wheeler A. Rosenbalm |
Knox County | Court of Appeals | 10/16/03 | |
| Dayne O 'Bannon vs. Stephanie O'Bannon
E2002-02553-COA-R3-CV
This appeal from the Bradley County Circuit Court questions whether the Trial Court erred in denying the Wife's proposed relocation to South Dakota and in changing custody of the parties' children from Wife to Husband. We affirm the judgment of the Trial Court.
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:John B. Hagler, Jr. |
Bradley County | Court of Appeals | 10/16/03 | |
| Edward Hochhauser, Iii v. Annelle G. Hochhauser
W2003-00119-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Floyd Peete, Jr. |
Shelby County | Court of Appeals | 10/16/03 | |
| Kenneth Emert vs. City of Knoxville
E2003-01081-COA-R3-CV
The original plaintiff, since deceased, tripped on an uneven brick sidewalk and injured his right knee. He was blind, or nearly so, and used a walking aid. The defendant's negligence is not an issue on appeal. The issue is one of causation in light of the medical proof that the plaintiff suffered knee problems before the accident. The trial judge found that the accident aggravated the plaintiff's pre-existing condition and awarded damages of $100,000.00 with fault apportioned 80 percent to the defendant. We affirm.
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 10/16/03 | |
| Roger L. Smith v. State of Tennessee
E2003-00094-CCA-R3-PC
The Defendant, Roger L. Smith, pled guilty to three counts of child rape in 1998. He subsequently filed for post-conviction relief and for DNA testing. The trial court summarily dismissed the post-conviction petition on the grounds that it is time-barred. The trial court further summarily denied the Defendant's request for DNA testing. The Defendant now appeals. We affirm the judgment of the trial court dismissing the Defendant's claim for post-conviction relief, but reverse and remand for further proceedings the trial court's dismissal of the Defendant's request for DNA testing.
Authoring Judge: Judge David H. Welles
Originating Judge:Judge James E. Beckner |
Greene County | Court of Criminal Appeals | 10/16/03 | |
| Juanita W. Keylon vs. Robert A. Hill
E2003-01054-COA-R3-CV
The plaintiff's motion for partial summary judgment, based upon the asserted failure of the defendant to countervail the motion, was denied by the trial judge. The plaintiff argues that the established rule that the denial of a motion for summary judgment, followed by a jury trial and verdict, is not reviewable, has no application in this case because there was no verdict. The rule is that the denial of a motion for summary judgment is not reviewable when the case proceeds to judgment, as distinguished from verdict. The motion of the defendant in this medical malpractice case for a directed verdict made at the close of all the evidence was granted upon a determination that all of the expert testimony established that the three-hour window to administer a blood clot dissolver had expired before the defendant treated the plaintiff. Whether the particular anticoagulant should have been administered in a timely manner was at the core of the claimed negligence. We find the question of negligence to be within the peculiar province of the jury, and remand the case for a new trial.
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:Russell E. Simmons, Jr. |
Roane County | Court of Appeals | 10/16/03 | |
| State of Tennessee v. Joel Anthony Davenport
E2003-01330-CCA-R3-CD
The Defendant, Joel Anthony Davenport, pled guilty to multiple counts of passing worthless checks and was sentenced to probation. The Defendant's probation was violated and revoked. Upon revocation, the trial court sentenced the Defendant, and the Defendant asserts that he was sentenced to four years of incarceration, plus an additional year for the count which violated his probation, to be served consecutively to a six year sentence in another county. Accordingly, the Defendant asserts that his sentence was to total eleven years. The Tennessee Department of Corrections report showed that the Defendant was sentenced to fourteen years, not eleven, and the Defendant filed a motion with the trial court to enter an order correcting the "clerical mistake." The trial court denied that motion and the Defendant appeals. Finding no error in the trial court's denial of the Defendant's motion, we affirm.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Douglas A. Meyer |
Hamilton County | Court of Criminal Appeals | 10/15/03 | |
| J.M. Cox, Jr. v. East Tennessee Natural Gas
E2002-02946-COA-R3-CV
In this declaratory judgment action to declare the rights between the dominant and servient estates relating to an easement, the trial court held that the landowner's proposal to add fill dirt over the pipeline easement did not unreasonably interfere with defendant's rights. Defendant has appealed. We reverse.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:G. Richard Johnson |
Washington County | Court of Appeals | 10/15/03 | |
| Jimmy Ray Robinson v. State of Tennessee
W2002-02151-CCA-R3-PC
The petitioner appeals from the post-conviction court’s denial of relief. He contends he received ineffective assistance of counsel. After careful review, we affirm the post-conviction court’s denial of relief.
Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Lee Moore |
Dyer County | Court of Criminal Appeals | 10/15/03 | |
| W2002-02353-COA-R3-CV
W2002-02353-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Robert A. Lanier |
Shelby County | Court of Appeals | 10/15/03 | |
| Cordell Taylor vs. Donnie & Vick Williams
E2003-00199-COA-R3-CV
In this dispute over the boundary line between the parties' property, the Trial Court established the line and declared an easement. Defendants have appealed. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Frank V. Williams, III |
Morgan County | Court of Appeals | 10/15/03 | |
| Clemmye Mullenix Berger v. Brenda O'Brien,
W2002-00227-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 10/15/03 | |
| State of Tennessee v. Deborah Kay Thomas Atkins
W2002-02312-CCA-R3-CD
The defendant entered pleas of guilt to possession of a Schedule II controlled substance with the intent to deliver or sell, possession of a Schedule III controlled substance with the intent to deliver or sell, and possession of marijuana. The trial court imposed concurrent Range I sentences of eight years, two years, and 11 months and 29 days, respectively. The defendant was required to serve one year in jail followed by seven years in community corrections. Later, the community corrections sentence was revoked and an eight-year sentence imposed. An appeal resulted in a remand by this court with directions to credit both jail time and the length of service within the program. In this appeal, the defendant argues that the trial judge erred in the imposition of the resentence. The judgment is affirmed.
Authoring Judge: Presiding Judge Gary R Wade
Originating Judge:Judge Julian P. Guinn |
Henry County | Court of Criminal Appeals | 10/15/03 | |
| Patricia Lyman v. Lawrence James
E2002-02859-COA-R3-CV
After over thirty years of marriage, Patricia A. Lyman ("Wife") left Lawrence A. James ("Husband") and moved to the state of Washington and began living with her new boyfriend. After Husband learned of Wife's affair, the parties agreed to a divorce based on irreconcilable differences and entered into a marital dissolution agreement ("MDA"). Both parties signed the MDA before a Notary Public, but neither party was administered an oath prior to his or her signing. The MDA provided that Husband would receive the entire amount of his pension. Over six months after the parties were granted a divorce, Wife filed a new lawsuit claiming she gave up any claim to Husband's pension because of Husband's fraud and/or misrepresentations. Wife also claimed the court which granted the divorce lacked personal jurisdiction to enter the final divorce decree because neither Husband nor Wife were administered oaths prior to signing the MDA, which Wife claimed resulted in the MDA not being properly notarized. The Trial Court concluded the failure of the Notary Publics to administer oaths did not render the MDA invalid. The Trial Court also concluded Wife failed to meet her burden of proving fraud and/or misrepresentations on the part of Husband. Wife appeals, and we affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:W. Neil Thomas, III |
Hamilton County | Court of Appeals | 10/15/03 | |
| Combustion Federal Credit Union vs. John Farmer
E2003-00107-COA-R3-CV
A judgment was rendered against Mr. Farmer in 1992. It remained unpaid, and the judgment creditor's petition for revival was granted. Mr. Farmer appeals, claiming that he never signed the note which formed the basis of the 1992 action. We affirm.
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:W. Neil Thomas, III |
Hamilton County | Court of Appeals | 10/15/03 | |
| Clemmye Mullenix Berger v. Brenda O'Brien,
W2002-00227-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 10/15/03 | |
| CH-02-0609-1
CH-02-0609-1
Originating Judge:Walter L. Evans |
Shelby County | Court of Appeals | 10/15/03 |