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| Shepard Barbash vs. Monty Bruell & Anthony Smith
E2005-00387-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Howell N. Peoples |
Hamilton County | Court of Appeals | 01/16/02 | |
| State of Tennessee v. Chad Davis - Order
W2000-02752-CCA-R3-CD
It appearing that the original opinion filed in this case on January 10, 2002, is in conflict with the recent holding of State v. Marcus Morrow, No. M1999-00769-SC-R11-CD (Tenn. Jan. 11, 2002). Accordingly, it is hereby ORDERED that the opinion filed on January 10, 2002, is withdrawn and replaced by the opinion filed on this day (Jan 16, 2002). For appeal time purposes, the judgment filed on January 10, 2002, shall be vacated and reentered as of the date of the refiling of this court's opinion.
Authoring Judge: Judge David G. Hayes
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Shelby County | Court of Criminal Appeals | 01/16/02 | |
| Sears Roebuck vs. William Riley
W2001-01981-COA-R3-CV
This appeal arises from the filing of a civil warrant by the Appellee against the Appellant in the General Sessions Court of Shelby County. The Appellee alleged that the Appellant owed on an account in the amount of $3,345.56. The trial court entered a judgment in favor of the Appellee. The Appellant appealed the judgment of the general sessions court to the Circuit Court of Shelby County. The Appellee filed a motion for summary judgment. At the hearing on the motion for summary judgment, the Appellant stated that he did not oppose the motion for summary judgment. The trial court entered an order granting summary judgment in favor of the Appellee. The Appellant appeals the order of the Circuit Court of Shelby County granting summary judgment in favor of the Appellee. For the reasons stated herein, we affirm the trial court's decision.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Rita L. Stotts |
Shelby County | Court of Appeals | 01/16/02 | |
| State v. Tamberley Daniels
M2001-00624-COA-R3-JV
The non-custodial parent of two minor girls appeals the decision of the Juvenile Court of Hickman County terminating her parental rights on the grounds of willful abandonment. We affirm the action of the trial court.
Authoring Judge: Judge William B. Cain
Originating Judge:Samuel H. Smith |
Hickman County | Court of Appeals | 01/16/02 | |
| First Union National Bank v. Donald Abercrombie
M2001-01379-COA-R3-CV
This appeal involves a dispute stemming from a defaulted note. The lender filed suit against the purported borrower in the Chancery Court for Williamson County asserting that he was liable for $57,778.20. The defendant moved to dismiss the complaint on the ground that he was not personally liable on the note because he was simply an officer of the corporation named as the borrower on the note and because he was not a guarantor of the corporation's debts. Thereafter, the lender moved for a default judgment, and the purported borrower then filed an answer denying liability on the note and a counterclaim against the lender for compensatory and punitive damages. The trial court granted the lender a default judgment for $57,778.20 without addressing the pending motion to dismiss or the answer and counterclaim. We have determined that the trial court erred by granting the default judgment and, accordingly, reverse the judgment and remand the case for further proceedings.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Russell Heldman |
Williamson County | Court of Appeals | 01/16/02 | |
| Michael Casby vs. Theresa Hazlerig
W2001-02073-COA-R3-CV
This appeal involves a custody and visitation dispute brought by divorced parents having joint custody of their two children. Following the submission of numerous filings by the parties, the court held a hearing to determine whether or not to alter the custody arrangement set out in the court's final decree. As a result of the hearing, the court issued an opinion and permanent parenting plan which altered the previous visitation agreement by naming the father primary custodial parent and granting the mother limited visitation rights. The court further ordered the mother to pay child support in accordance with the guidelines. The mother appealed and, for the following reasons, we affirm the decision of the trial court.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Joseph H. Walker, III |
Tipton County | Court of Appeals | 01/16/02 | |
| 03-98-005-CC
03-98-005-CC
Originating Judge:A. Andrew Jackson |
Dickson County | Court of Appeals | 01/16/02 | |
| State of Tennessee v. Mario Johnson
W2001-00898-CCA-R3-CD
The Appellant, Mario Johnson, was convicted by a Shelby County jury for first-degree felony murder during the perpetration of a robbery and was sentenced to life imprisonment with parole. On appeal, Johnson argues that the evidence presented at trial was insufficient to support the verdict. After review, we find no error and affirm the judgment of the Shelby County Criminal Court.
Authoring Judge: Judge David G. Hayes
Originating Judge:Judge J. C. Mclin |
Shelby County | Court of Criminal Appeals | 01/16/02 | |
| In the Matter of: D.D.V.
M2001-02282-COA-R3-JV
The State filed a petition to terminate parental rights to a four-year-old boy. Only the mother contested the action. The trial court granted the petition, terminating the mother's parental rights on multiple grounds, including abandonment and failure to comply with a plan of care. We reverse as to the mother, because we do not believe any of the grounds were proven against her by clear and convincing evidence, as is required by statute.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Barry Tatum |
Wilson County | Court of Appeals | 01/16/02 | |
| State of Tennessee v. Marcus Fitzgerald
W2000-02669-CCA-R3-CD
Defendant, Marcus Fitzgerald, was convicted by a Shelby County jury of resisting arrest, aggravated rape, and rape. Defendant appeals his convictions and presents the following issues for review: (1) whether the trial court erred in granting the State's motion to consolidate; (2) whether the trial court erred in denying Defendant's motion to suppress a pre-trial identification; (3) whether the trial court erred by offering an advisory opinion on a stipulation; (4) whether Defendant was unfairly prejudiced by the trial court's comments to the jury after extraneous contact with a third party; and (5) whether the trial court erred by admitting mug shots of Defendant taken a few days after his arrest. After a thorough review of the record, we affirm the judgment of the trial court.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge Chris B. Craft |
Shelby County | Court of Criminal Appeals | 01/15/02 | |
| State of Tennessee v. Terrance Rogers
W2001-00528-CCA-R3-CD
Defendant, Terrance Rogers, appeals the revocation of his community corrections sentence. Defendant contends that the court erred by revoking his sentence for failing to report a new arrest, and for the alleged possession of cocaine. After a thorough review of the record, we affirm the judgment of the trial court.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge Roy B. Morgan, Jr. |
Madison County | Court of Criminal Appeals | 01/15/02 | |
| Melissa Combs Cranston v. Edward Scott Combs
02101-COA-R3-CV
Originating Judge:Catalano |
Montgomery County | Court of Appeals | 01/15/02 | |
| Buster Chandler v. Don Sundquist
M2001-00274-COA-R3-CV
A Kentucky prisoner filed suit in a Tennessee court, claiming that he was entitled to be pardoned so that he could stand trial for murder in this state. The trial court dismissed his complaint for failure to state a claim for which relief can be granted. We affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 01/15/02 | |
| In Re: William Harris Epps
M2001-01336-COA-R3-CV
The conservators and sons of Mr. Epps appeal the trial court's decision to award to Mr. Epps's wife one-third of the proceeds from the sale of a house owned by Mr. Epps but used as the marital residence during the marriage of over ten years. We affirm the decision of the trial court.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Carol A. Catalano |
Montgomery County | Court of Appeals | 01/15/02 | |
| Mallory Valley Utility District v. Jeffrey Cantwell, et al.
M2001-00627-COA-R3-CV
The Trial Court dismissed plaintiff's condemnation action on grounds that the taking was arbitrary and capricious. On appeal, we vacate and remand for an evidentiary hearing.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Russell Heldman |
Williamson County | Court of Appeals | 01/15/02 | |
| State of Tennessee v. Cornelius Michael Hyde
E2001-02708-CCA-RM-CD
The Defendant, Cornelius Michael Hyde, was convicted of aggravated child abuse of a child under seven years old and appealed as of right on numerous grounds, including the trial court's failure to instruct the jury on the lesser-included offenses of aggravated assault and assault. Judge Welles held that the trial court's failure to so charge the jury was error, but harmless under State v. Williams, 977 S.W.2d 101, 105 (Tenn. 1998). Judge Wedemeyer concurred, finding the error harmless beyond a reasonable doubt; Judge Tipton dissented, finding that the State failed to carry its burden of demonstrating that the trial court's error in not instructing the jury on the lesser-included offenses was harmless beyond a reasonable doubt. See State v. Cornelius Michael Hyde, No. E2000-00042-CC-R3-CD, 2000 WL 1877490, at *11 (Tenn. Crim. App., Knoxville, Dec. 28, 2000). Our supreme court subsequently granted the Defendant's application to appeal this case for the purpose of remanding it to us for reconsideration in light of that court's opinions in State v. Honeycutt, 54 S.W.3d 762 (Tenn. 2001) and State v. Ely, 48 S.W.3d 710 (Tenn. 2001). We now conclude that the trial court's error in failing to instruct the jury on the lesser-included offense of reckless aggravated assault is reversible error, and therefore remand this case to the trial court for a new trial.
Authoring Judge: Judge David H. Welles
Originating Judge:Judge D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 01/15/02 | |
| Mohammad D. Hussain v. Grange Mutual Casualty
M2001-00658-COA-R3-CV
Homeowners, unsatisfied with repairs to their home following a fire, sued their insurance company, the contractor who performed repairs on their home, and another contractor who removed personal property for cleaning and repair. The homeowners settled their claims against the insurance company and, on the day of trial, voluntarily dismissed their claims against the contractor for cleaning of their personal property. The trial proceeded upon their claims against the contractor who repaired the fire damage in their home, and the trial court entered a judgment for $650.00 in favor of the homeowners. Because the appellate record includes no record of the evidence taken at trial, we must presume the trial court's findings were supported by the record. Accordingly, we affirm the trial court's judgment.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 01/15/02 | |
| State Council of Tennessee, Junior Order of United American Mechanics v. William Boyd, et al.
M2000-01652-COA-R3-CV
This case involves an action to quiet title between the state chapter of a national fraternal organization and the members of a local chapter. The organization's constitution provides that, upon the dissolution of a local chapter, all acquired property becomes the property of the state chapter. After receiving a letter from three officers of the local chapter expressing their intent to surrender its charter, the state chapter sent a letter to all known members of the local chapter calling a meeting to discuss the future of the chapter. At a second meeting, three members attended; two of the members abstained until a vote of the entire membership could be taken while the third member voted to remain dissolved. Thereafter, the state chapter announced that the local chapter was dissolved and ordered the local chapter to surrender its bank account and had the door to the lodge padlocked. The state chapter then brought a lawsuit to quiet title. The defendant members disputed that their chapter had been properly dissolved. The trial court held that the dissolution of the local chapter and surrender of the chapter's premises and bank account by its officers was improper, dismissed the state chapter's petition to quiet title and ordered the return of the surrendered funds. From this decision, the state chapter now appeals. We affirm.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Stella L. Hargrove |
Maury County | Court of Appeals | 01/15/02 | |
| Richard O'Leary, et ux. v. Ann Johnson, et al.
M2000-03110-COA-R3-CV
This case involves a payoff of a loan secured by a deed of trust on real estate and the failure to release the deed of trust on the record. In connection with a refinancing by the property owner, the title company closing agent issued a check to pay off the existing loan secured by a deed of trust. The check-payees, husband and wife, failed to negotiate the check and did not release the deed of trust. Some ten years later, after the death of the husband, the wife-payee found the check in her husband's files, and her attempt to negotiate the check failed because the account on which it was drawn was closed. She duly notified the title company closing agent, but it refused to reissue the check. Some three years later, the owners of the property tried again to refinance their loan, and in examining the title, it was discovered that the deed of trust, which presumably had been paid off, had not been released. The property owners filed suit against the title company closing agent and the holder of the note secured by the unreleased trust deed. The holder of the note filed a counter-claim against the property owners and a cross-claim against the title company closing agent. After a nonjury trial, the trial court awarded plaintiffs judgment against the title company closing agent for the amount of the payoff check issued to pay the previous loan and dismissed the cross-claim against the title company. The holder of the previous loan was awarded a judgment against the property owners for the amount of the principal balance due, plus attorney fees. The title company has appealed. We vacate in part, modify and affirm as modified.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Tom E. Gray |
Sumner County | Court of Appeals | 01/15/02 | |
| Juliann Morando v. William McGahan
M2000-01551-COA-R3-JV
This appeal arose after the trial court made its final determination on issues involving the support of the parties' minor child. Mother petitioned the trial court to establish parentage, to be awarded custody of the parties' child, and to establish other issues regarding the care of the child. At trial, Father conceded paternity and did not contest the custody issue. In making its child support award, the trial court based its decision on Father's new found employment. The court also set a payment schedule for the child support arrearage, determined that Father should claim the child as a dependent for tax purposes, split medical costs associated with the child's birth, and refused to award mother filing fees and attorney's fees. Mother contends that Father is voluntarily underemployed for purposes of child support and challenges several other decisions of the trial court. We reverse the court's decision in part, modify in part, affirm in part, and remand to the trial court for proceedings consistent with this opinion.
Authoring Judge: Judge David R. Farmer
Originating Judge:Charles B. Tatum |
Wilson County | Court of Appeals | 01/15/02 | |
| Carol Hankins vs. Chevco, Inc., d/b/a Curtis Products
E2001-00608-COA-R3-CV
Carol Hankins ("Plaintiff") filed a Complaint against Chevco, Inc., d/b/a Curtis Products So. Central, Inc., and Concord Confections, Inc. ("Defendants") alleging injuries to her jaw and one of her teeth which occurred when she chewed a gumball. Defendants filed a motion for summary judgment, arguing they were entitled to partial summary judgment as a matter of law on the issue of causation of Plaintiff's temporomandibular joint disorder ("TMJ"). The Trial Court granted Defendants' motion. Plaintiff appeals. We vacate the partial summary judgment and remand.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Thomas W. Graham |
Bledsoe County | Court of Appeals | 01/14/02 | |
| John Foster vs. Larry Glenn
E2001-01435-COA-R3-CV
The origin of this appeal was a detainer warrant filed in the General Sessions Court by John Foster and Mamosa Foster against Larry Glenn seeking possession of property occupied by Mr. Glenn pursuant to an instrument styled "AGREEMENT FOR DEED." Mr. Glenn filed what he styles a counter-complaint seeking damages for breach of contract and prevailed in the General Sessions Court. Upon appeal the Circuit Court found in favor of the Fosters, but awarded Mr. Glenn a judgment as to insurance proceeds received by the Fosters as a result of a truck striking the house in question. Mr. Glenn appeals the judgment of the Trial Court. We affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Wheeler A. Rosenbalm |
Knox County | Court of Appeals | 01/14/02 | |
| Lorene Nelson vs. Lucille Campbell, In Re: Estate of Martha Murray
E2000-02746-COA-R3-CV
Plaintiff's action was held by the Probate Court to be barred by the equitable doctrine of laches. We dismiss the appeal for failure to file timely notice of appeal.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Russell E. Simmons, Jr. |
Roane County | Court of Appeals | 01/14/02 | |
| Sandra Russell vs. Patrick Russell
E2001-00539-COA-R3-CV
In this divorce case, the trial court dissolved a marriage of 15 years; adopted a parenting plan relative to the parties' two minor children; divided the marital property; and awarded wife a portion of her attorney's fees. Husband appeals, arguing that the trial court's division of marital property was not equitable; that the trial court erred in allowing wife to amend her complaint to request attorney's fees; and that the trial court erred in ordering husband to pay a portion of those fees. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:L. Marie Williams |
Hamilton County | Court of Appeals | 01/14/02 | |
| State of Tennessee v. Mark Christopher Davis
E2001-00323-CCA-R3-PC
Mark Christopher Davis appeals the Hamilton County Criminal Court's denial of his petition for post-conviction relief. Because Davis has not demonstrated error in the lower court's determination that he was provided the effective assistance of trial counsel in the conviction proceedings, we affirm.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Judge Stephen M. Bevil |
Hamilton County | Court of Criminal Appeals | 01/14/02 |