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| Union Planters vs. Bettye Dedman
W2001-00411-COA-R3-CV
This case is a dispute over the correct valuation of the residuary portion of Testator's estate for purposes of determining whether it was sufficient to pay estate taxes where Testator had directed by Will that such taxes be paid from the residuary. Testator's executor submits that the correct valuation date is the date of death; that neither post-death income nor appreciation of assets in the residuary should be included in the valuation; that income tax paid by the estate on income with respect to a decedent (IRD) should be included in a calculation of the death tax fund deficiency; that attorney's fees incurred as a result of protracted litigation should be included in the death tax fund deficiency calculation. Executor asks us to determine whether such deficiencies are apportionable among those receiving gifts passing outside of probate. We hold that the correct valuation date of the residuary for the purpose of determining its sufficiency to pay the death taxes is the date of Testator's death. Post-death increases should not be utilized. If the residuary on the date of death was insufficient to pay the estate taxes, these taxes are apportionable among all those interested in the estate. We further hold that although the IRD income tax and attorney's fees reduce the estate, they are not includible in the death tax fund deficiency so as to be apportionable to recipients of out of probate transfers.
Authoring Judge: Judge David R. Farmer
Originating Judge:Robert S. Benham |
Shelby County | Court of Appeals | 08/30/01 | |
| State ex rel Mickey Phillips vs. Gwen Knox
E2000-02988-COA-R3-JV
The Trial Court found Gwen Knox ("Knox") to be in civil contempt for failure to pay child support. This is the second appeal in this case. This Court, in State ex rel. Phillips v. Knox, No. E1999-00205-COA-R3-CV, 2000 WL 217936, at * 2 (Tenn. Ct. App. Feb. 25, 2000), vacated and remanded the Trial Court's dismissal of Knox's Second Petition to Vacate and Modify the Trial Court's order finding that Knox was in contempt for failure to pay child support. On remand, the Trial Court denied Knox's petition, again holding, among other things, Knox in civil contempt but reducing Knox's incarceration time for contempt from thirty days to ten days and her purge amount from $1,000 to $100. Knox appeals. We reverse, in part, and affirm, in part.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Ronald N. Murch |
Anderson County | Court of Appeals | 08/30/01 | |
| Lisa Heath vs. Memphis Radiology
W2000-02770-COA-R3-CV
This is a medical malpractice case. Plaintiff sued physician, radiological group and hospital, alleging failure to discover and diagnose her malady resulting in permanent physical impairment. The trial court entered judgment for the defendants on a jury verdict, and plaintiff appealed asserting evidentiary errors and the failure of the trial judge to perform his duty as the thirteenth juror. We affirm
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Robert L. Childers |
Shelby County | Court of Appeals | 08/30/01 | |
| Terry Littlejohn vs. Bd. of Public Utilities
W2001-00011-COA-R3-CV
This appeal arises from the personal injuries sustained by the Appellant as a result of an electrical shock he received while roofing a house in Henry County, Tennessee. The Appellant filed a complaint against the Appellee under the Governmental Tort Liability Act in the Circuit Court of Henry County. Following a bench trial, the trial court assessed thirty-five percent of the fault to the Appellant and sixty-five percent of the fault to the Appellee. The trial court found that the total amount of damages sustained by the Appellant was $25,000.00. The trial court reduced the total amount of damages by thirty-five percent which resulted in an award of damages to the Appellant in the amount of $16,250.00. The Appellant appeals the decision of the Circuit Court of Henry County assessing thirty-five percent of the fault to the Appellant and awarding damages in the amount of $16,250.00. For the reasons stated herein, we affirm in part and reverse in part the trial court's decision.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:C. Creed Mcginley |
Henry County | Court of Appeals | 08/30/01 | |
| Shirley Pegues vs. Lester Graves
W2000-02831-COA-R3-CV
Plaintiffs, husband and wife, sued physician when wife became pregnant after physician had performed a pregnancy avoidance procedure and allegedly guaranteed the results thereof. Defendant moved for a directed verdict which the trial court granted, but plaintiffs contend that it was granted after plaintiffs took a nonsuit. Plaintiffs appeal. We reverse.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Kay S. Robilio |
Shelby County | Court of Appeals | 08/30/01 | |
| State of Tennessee v. Melvin E. Beard
M2000-02394-CCA-R3-CD
The appellant, Melvin E. Beard, was convicted in the Williamson County Circuit Court of one count of the sale and delivery of less than .5 grams of crack cocaine, a class C felony. The trial court sentenced the appellant to ten years incarceration in the Tennessee Department of Correction and imposed a fine of two thousand dollars ($2000). On appeal, the appellant raises the following issues for our review: (1) whether the evidence at trial was sufficient to sustain the appellant's conviction; (2) whether the trial court erred in allowing the State to introduce the portion of an audio tape recording of the drug transaction that occurred outside the presence of the appellant; (3) whether the trial court erred in refusing to grant the appellant's motion for mistrial; and (4) whether the trial court erred in sentencing the appellant. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Judge Timothy L. Easter |
Williamson County | Court of Criminal Appeals | 08/30/01 | |
| Deborah Louise Reese v. State of Tennessee
M2000-02553-CCA-R3-PC
The petitioner, Deborah Louise Reese, pled guilty in the Rutherford County Circuit Court to one count of felony murder, one count of especially aggravated robbery, and one count of conspiracy to commit especially aggravated robbery. The trial court sentenced the petitioner to a total effective sentence of life imprisonment. Thereafter, the petitioner filed a petition for post-conviction relief alleging that she received ineffective assistance of counsel and that her guilty pleas were neither voluntarily nor knowingly made. Following an evidentiary hearing, the post-conviction court dismissed the petition. The petitioner now appeals this ruling. Upon review of the record and the parties' briefs, we affirm the judgment of the post-conviction court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Judge J. S. Daniel |
Rutherford County | Court of Criminal Appeals | 08/30/01 | |
| Lloyd Paul Hill v. State of Tennessee
M2000-01428-CCA-R3-PC
On September 25, 1998, the petitioner entered best interest pleas to four counts of child rape. For these offenses he received concurrent sixteen year sentences. According to the announced plea the convictions arising out of Pickett and Overton Counties were set to be served at thirty percent while the Putnam County convictions were at one hundred percent with the potential to be reduced to eighty-five percent. Within the statute of limitations the petitioner filed a post-conviction petition alleging that his plea was not knowingly and voluntarily entered concerning the consequences thereof. Subsequently, the trial court conducted a hearing and later denied the relief sought in the petition. It is from that denial that the petitioner brings the present appeal continuing to maintain that his plea was not knowingly and voluntarily entered. After reviewing the record and applicable caselaw, we find that the sentences imposed are illegal and, therefore, reverse and remand the matter.
Authoring Judge: Judge Jerry L. Smith
Originating Judge:Judge Leon C. Burns, Jr. |
Putnam County | Court of Criminal Appeals | 08/30/01 | |
| James Nelson s. Victoria Nelson
E2000-02873-COA-R3-CV
James Roger Nelson ("Husband") filed a Complaint for Absolute Divorce ("Complaint") against Victoria Kay Goad Nelson ("Wife"). Wife filed an Answer and a Counter-Complaint for divorce. Wife admitted to Husband she had been and still was involved in an extramarital affair with a co-worker. Before trial, Husband obtained a temporary restraining order against Wife, and Wife obtained an Order of Protection against Husband. Wife testified Husband had subjected her to verbal and physical abuse in front of their minor children. Wife also testified Husband had threatened her with a gun while their children were at home with them. The Trial Court granted both parties a divorce, divided the parties' property, and awarded custody of the children to Husband. The Trial Court based its custody decision upon Wife's extramarital affair and the fact that Husband, at the time of trial, had the more stable home environment. The Trial Court failed, however, to address Wife's allegations that she was abused by Husband. Wife appeals the custody award and portions of the Trial Court's property division. We vacate, in part, and affirm, in part, and remand.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Michael A. Davis |
Morgan County | Court of Appeals | 08/30/01 | |
| Roy Shanks vs. Hazel Albert
E2001-00066-COA-R3-CV
Roy Michael Shanks appeals dismissal of his suit seeking to overturn a determination of the Board of Review that he was not entitled to unemployment compensation because of misconduct. We concur in the determination of the Chancellor and affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Thomas R. Frierson, II |
Hamblen County | Court of Appeals | 08/30/01 | |
| James Collins vs. Summers Hrdwe & Supply Co.
E2001-00578-COA-R3-CV
This is a suit by Plaintiffs James A. Collins and Gary Smith seeking damages from their former employer, Summers Hardware and Supply Company, in connection with their employment. The Plaintiffs contend that Summers Hardware made certain deductions from their pay which were contrary to their employment contract. Summers Hardware asserts otherwise. A jury found this issue in favor of the Plaintiffs and assessed damages, which the Trial Court, on motion of the Plaintiffs, altered upward. Summers Hardware appeals questioning whether the statute of limitations has run as to Mr. Collins' suit and whether both parties were estopped to press the claim or had waived their right to assert it. Summers Hardware also contends the Trial Court was in error in increasing the jury award without giving them the option of receiving a new trial. We affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Thomas J. Seeley, Jr. |
Washington County | Court of Appeals | 08/30/01 | |
| Estate of James Kirk vs. James Lowe
W2000-02858-COA-R9-CV
The Plaintiffs in this case sued "John Doe," an unknown driver, for injuries and damages resulting from the death of Plaintiffs' decedent. Process was served on decedent's uninsured motorist insurance carrier pursuant to Tennessee's Uninsured Motor Vehicle Coverage statutes. More than one year after the accident, the identity of the "John Doe" was discovered and Plaintiffs filed an amended complaint, naming him as Defendant. The Defendant moved for summary judgment on the basis that he was never an uninsured motorist, but at all pertinent times was insured, and that the one-year statute of limitations had expired. The trial court denied the motion, and we reverse.
Authoring Judge: Judge David R. Farmer
Originating Judge:C. Creed Mcginley |
Benton County | Court of Appeals | 08/30/01 | |
| Martha Mcelroy v. Norma Sharp And Victoria L. Sharp
E2000-02708-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 08/30/01 | |
| Gwen Lay vs. Mark Lay, et al
E2000-02914-COA-R3-CV
In this case the second wife of Mark Lindsay Lay seeks an increase in child support for their child. Because an attack was made on the constitutionality of the Tennessee Child Support Guidelines, the Attorney General of the State was permitted to intervene. Although neither the former wife nor Mr. Lay appeals, the Attorney General does appeal. We vacate the judgment insofar as it addresses the constitutional issue before the Trial Court, and remand.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:John D. Mcafee |
Campbell County | Court of Appeals | 08/30/01 | |
| Direct Insurance Co. vs. George Brown
E2001-00412-COA-R3-CV
Trial Court declared coverage under policy issued by plaintiff to defendant for a motor vehicle accident, holding the vehicle operated by defendant was a replacement vehicle. On appeal, we reverse.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Richard E. Ladd |
Sullivan County | Court of Appeals | 08/30/01 | |
| Laquita Ailsworth vs. Autozone
W2000-03024-COA-R3-CV
This appeal arises from the fall of the Appellant outside the Appellee store. The Appellant filed a complaint against the Appellees in the Circuit Court of Shelby County alleging that her injuries were proximately caused by the Appellees' negligence in allowing an icy condition to exist on the walkway in front of the store. The Appellees filed motions for summary judgment. The trial court granted the Appellees' motions for summary judgment. The Appellant appeals the grant of summary judgment in favor of the Appellees by the Circuit Court of Shelby County. For the reasons stated herein, we reverse the trial court's decision.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Robert A. Lanier |
Shelby County | Court of Appeals | 08/30/01 | |
| David Miller vs. State
E1998-00247-SC-R11-PD
We granted petitioner, David Earl Miller's application for permission to appeal to determine whether this Court's decision in State v. Brown, 836 S.W.2d 530 (Tenn. 1992) created a new state constitutional rule regarding the elements of deliberation and premeditation. Petitioner claims that Brown created a new state constitutional rule and that the jury instructions given at his initial trial violated this rule by relieving the prosecution of its burden to prove the elements of premeditation and deliberation beyond a reasonable doubt. Therefore, the petitioner argues that his conviction of first-degree murder was not supported by sufficient proof. After due consideration, we conclude that Brown did not announce a new state constitutional rule, did not implicate any constitutional right, is not retroactive, and may not serve as the basis for post-conviction relief. Accordingly, we conclude that the petitioner's complaint about the jury instructions given at his initial trial has been waived because it was not raised on direct appeal and that his complaint about the sufficiency of the evidence to support premeditation and deliberation was previously determined by this Court on direct appeal. Accordingly, the decision of the Court of Criminal Appeals is affirmed.
Authoring Judge: Justice Frank F. Drowota, III
Originating Judge:Ray L. Jenkins |
Knox County | Supreme Court | 08/29/01 | |
| George Tipton vs. Axis Fabrication & Machine Co.
E2001-00258-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:W. Dale Young |
Blount County | Court of Appeals | 08/29/01 | |
| Thomas Wynns III vs. Rae Cummings
W2000-02156-COA-R3-CV
This case involves a dispute between Thomas Clinton Wynns, III ("Thomas") and Rae Ann Cummings ("Rae Ann"), the son and granddaughter of Mrs. Leola Wynns ("Leola"), concerning Leola's mental capacity and ability to manage her own affairs. Plaintiff, Thomas, holder of a power of attorney from his mother, filed a complaint against the defendant, Rae Ann, seeking to have Rae Ann turn over to him all of Leola's assets in possession of Rae Ann. Rae Ann filed an answer to the complaint and a petition for appointment of a conservator for Leola and for an injunction against Thomas from removing any more of her assets. After a nonjury trial, the trial court found that the court had jurisdiction to appoint a conservator for Leola; that the facts warranted the appointment of a conservator; that the power of attorney held by Thomas and a will executed by Leola in 1998 were void, and that the quit claim deed executed on April 22, 1999, in favor of Thomas, was also void. Thomas appeals. We affirm in part, vacate in part, and remand.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Walter L. Evans |
Shelby County | Court of Appeals | 08/29/01 | |
| Guy Varnadoe vs. Shelton McGhee Jr.
W2001-00075-COA-R3-CV
This appeal arises from a breach of contract claim brought by the Appellee against the Appellants in the Chancery Court of Shelby County. The trial court entered a consent order, referring the case to a special master. Pursuant to the consent order, the trial court directed the special master to conduct an investigation and report his findings to the trial court. The special master conducted an investigation and submitted his report to the trial court. The special master concluded that the Appellee was entitled to full payment under the contract but that the Appellants were entitled to a set-off. The trial court entered a judgment in the Appellee's favor and gave the Appellants a set-off. The trial court ordered that the fees approved by the special master be divided equally between the Appellants and the Appellee.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Floyd Peete, Jr. |
Shelby County | Court of Appeals | 08/29/01 | |
| Margaret Tobitt vs. Bridgestone/Fireston, Inc.
M2000-00279-SC-WCM-CV
Authoring Judge: Justice Frank F. Drowota, III
Originating Judge:Charles D. Haston, Sr. |
Warren County | Supreme Court | 08/29/01 | |
| Richard Crowe vs. First American
W2001-00800-COA-R3-CV
Owner of a pickup truck sued the bank that financed the purchase for conversion after the bank repossessed the truck. The trial court entered judgment on a jury verdict for plaintiff in the amount of $250,000.00. Bank appeals. We affirm in part reverse in part and remand.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Jon Kerry Blackwood |
McNairy County | Court of Appeals | 08/29/01 | |
| State of Tennessee v. Wygenzo Coburn
W2000-01550-CCA-R3-CD
The defendant was convicted of voluntary manslaughter, a Class C felony, and sentenced as a Range I, standard offender to four years, six months in the county workhouse. In this appeal as of right, he raises the following issues: (1) whether the evidence was sufficient to support his conviction; (2) whether the trial court erred in failing to include "moral certainty" language in its reasonable doubt instruction to the jury; and (3) whether the trial court erred in its application of enhancement factor (10). Based upon a careful review, we affirm the judgment of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge W. Fred Axley |
Shelby County | Court of Criminal Appeals | 08/29/01 | |
| Denise Frazier vs. Robert Frazier
E2000-02929-COA-R3-CV
Appellant ask the Court to void portions of the marital settlement agreement incorporated in the parties' Divorce Decree in the State of Illinois. The Trial Court refused and granted appellee summary judgment. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Sharon J. Bell |
Knox County | Court of Appeals | 08/29/01 | |
| George Tipton vs. Axis Fabrication & Machine Co.
E2001-00258-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:W. Dale Young |
Blount County | Court of Appeals | 08/29/01 |