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| State of Tennessee v. Glenn Russell Parvin
E2000-01756-CCA-R3-CD
The Sullivan County grand jury issued presentments against the defendant on one count of operating a motor vehicle without a face shield; two counts of speeding; three counts of driving under the influence; three counts of driving on a revoked license; two counts of driving on revoked license after second or subsequent conviction for driving while intoxicated; one count of driving on revoked license after second or subsequent conviction for driving under the influence; one count of driving while intoxicated, fourth offense; and one count of driving under the influence, fourth offense. The charges resulted from three separate cases. The defendant pled to all of the crimes in two different plea hearings and the defendant was sentenced as a career offender to a total of eighteen years, with a minimum jail time of 585 days, and with his last six years to be served on probation. The trial court sentenced the defendant as a career offender and did not apprise the defendant of the possibility that he could be sentenced as a persistent offender, as opposed to a career offender. He moved to withdraw his guilty pleas on this ground. The trial court denied his motion, and he appeals the denial. Furthermore, the defendant waived his right to request probation or alternative sentencing in one case, and the state agreed to allow the defendant to serve probation in one case. In the third case, the defendant requested probation or alternative sentencing. The trial court denied his request, citing his extensive criminal history in support of its denial. The defendant also appeals this denial. After reviewing the record and applicable case law, we find these issues to be without merit and therefore affirm the lower court's denial of defendant's motion to withdraw his guilty pleas and its denial of probation or alternative sentencing.
Authoring Judge: Judge Jerry L. Smith
Originating Judge:Judge R. Jerry Beck |
Sullivan County | Court of Criminal Appeals | 08/29/01 | |
| State vs. Edward Coffee
M1998-00472-SC-R11-CD
Edward D. Coffee was indicted for possession of certain controlled substances with intent to sell and possession of drug paraphernalia. Because the judicial commissioner failed to make and retain an exact copy of the original search warrant as required by Tennessee Rule of Criminal Procedure 41(c), the trial court suppressed the evidence recovered in the search and dismissed the indictment. The Court of Criminal Appeals affirmed the trial court's judgment, and we now also affirm.
Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:J. O. Bond |
Wilson County | Supreme Court | 08/29/01 | |
| Linda Greene vs. Dr. Woody Stinson
E2001-00628-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:William M. Dender |
Jefferson County | Court of Appeals | 08/29/01 | |
| James Ray vs. Billy Williams
W2000-03000-COA-R3-CV
This case involves the doctrine of promissory fraud. The plaintiff service station owner claimed that the defendant rental trailer company fraudulently induced him into entering into a contract to operate a rental trailer dealership by orally assuring him that his dealership rights would be exclusive in Ripley, Tennessee. At the bench trial below, the trial court admitted parol evidence of the oral assurances to show fraud in the inducement of the dealership contract. Based on that evidence, the trial court held that the rental trailer company had committed promissory fraud and awarded damages to the plaintiff service station owner. The rental trailer company now appeals. We affirm the finding of promissory fraud, but reverse in part the damage award.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Jon Kerry Blackwood |
Lauderdale County | Court of Appeals | 08/29/01 | |
| James Laney vs. Evelyn Oldham
E2000-02710-COA-R3-CV
Evelyn B. Oldham ("Defendant") sold to James C. R. Laney ("Plaintiff") a house and lot located next to a Chalet owned by Defendant. Defendant granted Plaintiff an easement for use of a driveway. Plaintiff later converted his residence into a business. In 1993, the Trial Court entered an Order interpreting the easement to allow Plaintiff's use of the driveway for a "normal amount of delivery." No appeal was taken from this Order. In 2000, the Trial Court, but a different trial judge, entered another Order interpreting the 1993 Order to allow for a normal amount of business deliveries using the driveway. We conclude that the 1993 Order permits only a normal amount of deliveries consistent with a residential use. We reverse the decision of the Trial Court, and remand for further proceedings.
Authoring Judge: Judge David Michael Swiney
Originating Judge:W. Frank Brown, III |
Hamilton County | Court of Appeals | 08/28/01 | |
| Phillip Ledford vs. Bradley Memorial Hospital
E2001-00291-COA-R3-CV
The plaintiffs, Phillip A. Ledford ("Ledford") and his wife, Elizabeth Ledford, filed suit against the defendants, Daniel V. Johnson, M.D., Bradley Memorial Hospital ("the Hospital"), and Southeast Tennessee Orthopedics, Inc. ("Southeast"), alleging medical malpractice arising out of surgery performed by Dr. Johnson on Ledford's broken arm. The trial court granted the defendants summary judgment. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Lawrence H. Puckett |
Bradley County | Court of Appeals | 08/28/01 | |
| Michael Cheslock vs. Bd. of Admin., etc .
W2001-00179-COA-R3-CV
On December 14, 1995, Memphis Police Lieutenant Michael Cheslock appeared before the Pension Board of Memphis, Tennessee, to request a line of duty disability pension as provided by the Memphis Code of Ordinances, Section 25-1(27). Mr. Cheslock had been diagnosed by two psychiatrists as disabled by job related Post Traumatic Stress Disorder. The Pension Board refused the line of disability pension, determining that Mr. Cheslock did not meet the requirements as defined by the code. Mr. Cheslock filed a petition for writ of certiorari in the Chancery Court of Shelby County. The petition was denied and this appeal followed. We affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:Floyd Peete, Jr. |
Shelby County | Court of Appeals | 08/28/01 | |
| Natalya Mazor vs. Kenneth Isaacman
W2000-01485-COA-R3-CV
This is a dental malpractice case. The patient visited the defendant dentist in August 1997 for routine root canal surgery. After the surgery, the patient began experiencing "constant" pain in the tooth in which the root canal was performed. She was told by the defendant dentist that this was pain ordinarily felt after root canal surgery. In February 1999, the patient visited another dentist who discovered that a piece of a drill bit had been left inside patient's tooth during the previous root canal. In December 1999, the patient filed a lawsuit against the defendant dentist for dental malpractice. The defendant dentist filed a motion to dismiss, arguing that the patient did not bring the claim within the one year statute of limitations. This motion was granted and the patient now appeals. We reverse, finding that the patient had one year from the time she discovered or should have discovered the foreign object in which to file her lawsuit.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Kay S. Robilio |
Shelby County | Court of Appeals | 08/28/01 | |
| Arthur Anderson vs. Edwin Roberson
W2000-01879-COA-R3-CV
This appeal presents the sole issue of in personam jurisdiction of a nonresident corporation and the nonresident individual owning a majority interest in the corporation by virtue of their activities, as described in the Tennessee Long Arm statute, or alternatively, as co-conspirators with defendants, subject to the jurisdiction of the court.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 08/28/01 | |
| Judy Burroughs vs. Robert Magee
W2001-00238-COA-R3-CV
This is a personal injury and wrongful death case. The plaintiff and her husband were involved in an automobile accident. The plaintiff sued the driver of the other vehicle for her husband's wrongful death as well as for injuries she sustained in the accident. The plaintiff named the driver's physician as an additional tortfeasor, alleging that the physician negligently prescribed drugs to a known drug addict, negligently prescribed two contraindicated drugs, and negligently failed to warn his patient of the risks of driving while under the influence of the drugs. The trial court granted the physician's motion for summary judgment on the grounds that the physician had no duty to unidentifiable third parties such as the plaintiff. We affirm in part and reverse in part, finding that the physician owed a duty to the plaintiff and the decedent to warn his patient of the risks of driving while under the influence of the prescribed drugs.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Joseph H. Walker, III |
Lauderdale County | Court of Appeals | 08/28/01 | |
| In Re: Estate of Lois Chandler
E2000-03055-COA-R3-CV
Buster Chandler, Jr. ("Chandler") was appointed administrator of the estate of his mother, Lois Chandler, who died intestate in 1998. Chandler is incarcerated in Kentucky for a murder he committed in 1990. Chandler requested the Chancery Court arrange for his transportation from prison in Kentucky to Knoxville, Tennessee, so he could be present for the hearing regarding the closing of his mother's estate and so he could meet with the Knox County Attorney General regarding his murder conviction in Kentucky. Chandler argued that the Attorney General wanted to try him for the murder in Knoxville and would assist in obtaining a pardon from the governor of Kentucky. The Chancery Court denied his request, closed his mother's estate, and assessed court costs against Chandler as administrator. Chandler appeals. We affirm the Chancery Court.
Authoring Judge: Judge David Michael Swiney
Originating Judge:John F. Weaver |
Knox County | Court of Appeals | 08/28/01 | |
| State of Tennessee v. Eddie McNabb
M2000-01490-CCA-R3-CD
The defendant appeals from his maximum sentence of six (6) years for voluntary manslaughter and the trial court's imposition of consecutive sentences. After review, we hold that the trial court properly sentenced the defendant to six (6) years for the voluntary manslaughter conviction and correctly ordered the defendant's convictions for voluntary manslaughter and aggravated assault be served consecutive to one another. Therefore, we affirm the judgment of the trial court.
Authoring Judge: Judge Jerry L. Smith
Originating Judge:Judge Thomas W. Graham |
Marion County | Court of Criminal Appeals | 08/28/01 | |
| Patrick Reinshagen vs. PHP Companies, Inc.
E2001-00025-COA-R3-CV
In this action for breach of employment contract and defamation, the Trial Court granted summary judgment to defendants. Plaintiff appealed. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:W. Frank Brown, III |
Hamilton County | Court of Appeals | 08/28/01 | |
| State of Tennessee v. Robert Blanton, Jr. - Order
M2000-01899-CCA-R3-CD
The defendant, Robert Blanton, Jr., was indicted by the Montgomery County Grand Jury on June 6, 1995, on one count of sale of marijuana and one count of delivery of marijuana, both Class E felonies. The defendant pled guilty to the indictment, and the trial court sentenced the defendant to probation. An affidavit of violation of probation was filed on April 17, 1996, and amended on September 6, 1996.
Authoring Judge: Judge John Everett Williams
|
Montgomery County | Court of Criminal Appeals | 08/28/01 | |
| Southwest Williamson County Community Assoc. et al vs. Bruce Saltsman
M2001-00943-COA-R3-CV
Being dissatisfied with the State's concept of, and planning for, the extension of State Route 840 through southwest Williamson County, three residents in the County, two nonprofit corporations, and a partnership that owns property in the County, sued J. Bruce Saltsman, Sr. ("the Commissioner"), in his official capacity as Commissioner of the Tennessee Department of Transportation ("TDOT"). Following a bench trial, the court below entered a final judgment including (1) a writ of mandamus ordering the Commissioner to perform a number of "duties" in connection with Route 840; and (2) a permanent injunction enjoining him from moving forward with the planning and construction of Route 840 through Williamson County until he complies with the trial court's order. The Commissioner appeals. In addition to other bases for reversal, he asserts that the trial court lacked subject matter jurisdiction of this controversy. We agree with the appellant that the trial court was without subject matter jurisdiction. Accordingly, we reverse the judgment below in its entirety and dismiss the petition.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:J. Russ Heldman |
Williamson County | Court of Appeals | 08/28/01 | |
| Wanda Steinbrunner vs. Tuner Funeral Home, Inc., et al
E2001-00014-COA-R3-CV
Six years after her husband died, Wanda J. Steinbrunner sued the Chattanooga funeral home that handled his burial and the medical examiner that performed his autopsy. She made various claims based upon theories of negligence, gross negligence, and outrageous conduct. The trial court granted the funeral home and the medical examiner summary judgment. Steinbrunner appeals, challenging the grant of summary judgment. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Jacqueline E. Schulten |
Hamilton County | Court of Appeals | 08/28/01 | |
| Roberts vs. Everhart Steel Const. Co. Inc.
E2001-00187-COA-R3-CV
In this action for damages for personal injuries allegedly caused by defendant's negligence, a jury awarded damages. On appeal, we conclusively presume the Judgment is correct, because we cannot review all of the evidence heard by the jury.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Samuel H. Payne |
Hamilton County | Court of Appeals | 08/28/01 | |
| 2001-00383-COA-R3-CV
2001-00383-COA-R3-CV
Originating Judge:W. Neil Thomas, III |
Hamilton County | Court of Appeals | 08/28/01 | |
| Blake Burton, et al vs. Hardwood Pallets, Inc., et al
E2001-00547-COA-R3-CV
This appeal involves a dispute between the sellers of a business and the bank that financed a portion of the purchase price. The plaintiffs, Blake Burton and Michael Burton, entered into an agreement with the defendant, Hardwood Pallets, Inc., to sell the Burtons' pallet manufacturing business. As partial consideration for the sale, Hardwood Pallets executed an unsecured promissory note to the Burtons in the amount of $1,000,000. Additional consideration for the sale was obtained by way of an $800,000 loan from the defendant, AmSouth Bank, to Hardwood Pallets; as a part of the bank transaction, Hardwood Pallets pledged its assets as collateral. As a condition to the making of the loan, AmSouth required the Burtons to execute a subordination agreement. When Hardwood Pallets defaulted on the bank loan, AmSouth sold the collateral at a private sale. Litigation ensued. In addition to suing Hardwood Pallets and its shareholders, the Burtons sued AmSouth, alleging procurement of breach of contract and civil conspiracy to defraud. AmSouth filed a counterclaim, alleging that the Burtons breached the subordination agreement. It also filed a motion for summary judgment, asserting that it acted within its rights under the subordination agreement. The trial court entered a judgment in favor of AmSouth pursuant to Tenn. R. Civ. P. 54.02. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Samuel H. Payne |
Hamilton County | Court of Appeals | 08/28/01 | |
| State of Tennessee v. Marcia Lynn Williams
M2000-02593-CCA-R3-CD
The appellant, Marcia Lynn Williams, entered a best interest guilty plea in the Circuit Court of Marshall County to one count of obtaining drugs by false pretense, a class D felony. Following a sentencing hearing, the trial court imposed a sentence of three years incarceration in the Tennessee Department of Correction. On appeal, the appellant argues that the trial court erred by denying the appellant a sentence in the community corrections program. After a 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 W. Charles Lee |
Marshall County | Court of Criminal Appeals | 08/28/01 | |
| Sherry Lee Lightfoot v. Tommy Edwin Lightfoot
E2001-106-COA-R3-CV
Originating Judge:L. Marie Williams |
Hamilton County | Court of Appeals | 08/28/01 | |
| Dorothy Owen vs. George Summers
W2001-00727-COA-R3-CV
This is an action to set aside a warranty deed. Plaintiff-Grantor filed suit on February 11, 1997, to set aside a deed executed July 11, 1989, on the grounds of fraud and mental incompetency. The defendant grantee denied fraud and mental incompetency and affirmatively relied upon the seven-year statute of limitations. Following a jury trial, which ended in a mistrial, the parties stipulated that the case be submitted to the chancellor who conducted the trial for a nonjury determination from the trial transcript and trial exhibits. The chancellor found that the seven-year statute of limitations had been tolled by virtue of the grantor's mental incompetence, the deed was procured by fraud, and that the grantor was mentally incompetent on the date of the execution of the deed. The chancellor rescinded the deed. Defendant-Grantee has appealed. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Dewey C. Whitenton |
Fayette County | Court of Appeals | 08/28/01 | |
| Tennessee Farmers Mutual Ins. Co. vs. SA W. Jeong
E2001-00246-COA-R3-CV
Tennessee Farmers Mutual Insurance Company ("Tennessee Farmers") brought a declaratory judgment action against Sa W. Jeong ("the injured party"); her daughter, Hyunlan Lee; and her son-in-law, Jack Sung K. Lee (the defendants Lee are referred to herein collectively as "the Lees"), asking the trial court to "declare whether or not Tennessee Farmers is obligated to afford liability coverage to [the Lees] in connection with the lawsuit filed against them by [the injured party]." At the conclusion of a bench trial, the trial judge ruled in favor of the defendants, finding that the word "reside" and its derivatives "resident" and "residing," particularly as the latter two words are used in the policy language excluding coverage of a claim by a "covered person" or one "residing in the same household," are ambiguous, and that the language of the policy should be construed against Tennessee Farmers as the drafter of the policy. The court ordered Tennessee Farmers to provide liability coverage to the Lees with respect to the subject lawsuit. Tennessee Farmers appeals, raising issues as to whether the trial court correctly ruled that the policy is ambiguous, and whether the trial court was correct in finding that the word "resident" was susceptible to a reasonable meaning that would exclude the injured party from the ambit of the subject exclusionary language in the policy. We find that the subject policy provision is not ambiguous; however, we conclude that the injured party was not "residing in [the Lees'] household" as that language has been construed by applicable case law. Accordingly, we affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Lawrence H. Puckett |
Bradley County | Court of Appeals | 08/28/01 | |
| Suzanne Jones vs. Metro Elevator Co.
W2000-02002-COA-R3-CV
This appeal involves claims for injuries sustained by the plaintiff while riding in an elevator. The plaintiff brought suit against numerous parties including the company managing the building and the company under contract to service the elevators in the building. The circuit court granted a motion for summary judgment as to the company managing the building. The case proceeded to trial, however, against the company under contract to service the elevators. After the circuit court refused to instruct the jury on the doctrine of res ipsa loquitur, the jury returned a verdict in favor of the elevator service provider. The plaintiff appeals the grant of summary judgment and the refusal to instruct the jury on the doctrine of res ipsa loquitur and for the following reasons, we affirm.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Mark Agee |
Madison County | Court of Appeals | 08/27/01 | |
| Barbara Gaskins vs. Roger Gaskins
E2000-02915-COA-R3-CV
This appeal from the Circuit Court of Greene County questions whether the Trial Court erred in awarding Ms. Gaskins alimony for a seven year period. Mr. Gaskins appeals the decision of the Circuit Court of Greene County. We affirm the decision of the Trial Court as modified and remand for further proceedings consistent with this opinion. We adjudge costs of the appeal against the Appellant, Roger Arthur Gaskins, and his surety.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Ben K. Wexler |
Greene County | Court of Appeals | 08/27/01 |