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| State of Tennessee v. Christopher M. Flake
W2000-01131-CCA-MR3-CD
The defendant was indicted for attempted first degree murder. A Shelby County jury convicted the defendant of the lesser-included offense of attempted voluntary manslaughter, and the trial court sentenced him to four years imprisonment. In this appeal, the defendant alleges: (1) his insanity defense was established by clear and convincing evidence; (2) the trial court erroneously admitted statements made by the defendant and a weapon seized from his vehicle; (3) the trial court erroneously restricted the testimony of a psychiatrist by disallowing his statement that the defendant was committable if found not guilty by reason of insanity, while allowing him to testify that the defendant stated he believed he would be free to go home within 60 to 90 days if adjudicated not guilty by reason of insanity; (4) the trial court erroneously allowed the state to call a psychiatrist because the defense was not notified pre-trial that he would be an expert witness; (5) the trial court improperly found that a psychiatrist was qualified to testify as an expert; and (6) the trial court erroneously refused the defendant's request to have the opening and rebuttal closing arguments. After a through review of the record, we reverse the judgment of conviction, modify the judgment to “Not Guilty by Reason of Insanity,” and remand for further proceedings pursuant to Tenn. Code Ann. § 33-7-303.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Bernie Weinman |
Shelby County | Court of Criminal Appeals | 07/13/01 | |
| Donald Miller, et al vs. Choo Choo Partners
E2001-00007-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Samuel H. Payne |
Hamilton County | Court of Appeals | 07/13/01 | |
| Dennis Mauk vs. Debra Perry, et al
E2001-00485-COA-R3-CV
The plaintiff seeks a judicial declaration regarding the proper interpretation of a will. The trial court found a will provision leaving "real property and contents" to the decedent's son, the plaintiff Dennis Mauk, is not ambiguous and that the word "contents" includes a 27-year old mobile home on the decedent's property. The decedent's other four children appeal, contending the will is ambiguous. They argue the trial court erred in failing to consider parol evidence as to the meaning of the subject language. They further contend the trial court erred in ordering a $6,000 bequest to the appellants to be paid into court, thus making it subject to the debts of the estate. We modify the trial court's judgment to provide that the share of personal property bequeathed to each of the decedent's children should be burdened with one-fifth of the decedent's debts. In all other respects, the trial court's judgment is affirmed.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Thomas R. Frierson, II |
Hawkins County | Court of Appeals | 07/13/01 | |
| Tex Helton, et al vs. Colonial Loan Assoc., Inc. et al
E2001-00060-COA-R3-CV
Tex Helton and his wife sue Colonial Loan Association, Inc., and Lakeview Motors, Inc., seeking damages in connection with Colonial Loan's repossession of an automobile sold to them by Lakeview Motors. The Trial Court granted a summary judgment as to Colonial Loan. The claim as to Lakeview Motors has been concluded and this appeal only concerns the granting of a summary judgment in favor of Colonial Loan. We vacate the order granting summary judgment and remand.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:John K. Wilson |
Hawkins County | Court of Appeals | 07/13/01 | |
| John Patterson v. The Phelan Company, Inc.
W1998-00598-SC-WCM-CV
The workers'compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated _50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The trial court found the plaintiff sustained a twenty-two and one-half percent permanent partial disability to the body as a whole as a result of an on-the-job injury to his neck. The defendant claims the evidence does not support the finding. We affirm the judgment of the trial court.
Authoring Judge: Don R. Ash, Sp. J.
Originating Judge:George R. Ellis, Chancellor |
Gibson County | Workers Compensation Panel | 07/13/01 | |
| Tex Helton, et al vs. Colonial Loan Assoc., Inc. et al
E2001-00060-COA-R3-CV
Tex Helton and his wife sue Colonial Loan Association, Inc., and Lakeview Motors, Inc., seeking damages in connection with Colonial Loan's repossession of an automobile sold to them by Lakeview Motors. The Trial Court granted a summary judgment as to Colonial Loan. The claim as to Lakeview Motors has been concluded and this appeal only concerns the granting of a summary judgment in favor of Colonial Loan. We vacate the order granting summary judgment and remand.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:John K. Wilson |
Hawkins County | Court of Appeals | 07/13/01 | |
| Shirley Shelburne vs. Frontier Health, et al
E2000-02551-COA-R3-CV
This is a negligence action that finds its genesis in the suicide of a county jail inmate. Prior to his death, the decedent had been evaluated by Richard Kirk, a member of a crisis response team operated by the defendant Woodridge Hospital, a facility owned and operated by the defendant Frontier Health. Kirk concluded the decedent did not suffer from any psychiatric illness and did not require further care or treatment. The widow of the decedent, Shirley A. Shelburne, individually and as the next friend of her son, Travis Lee Shelburne, sued Frontier Health on the basis of vicarious liability. In response to the defendant's third motion for summary judgment, the trial court dismissed the plaintiff's action. The plaintiff filed a motion to alter or amend the grant of summary judgment, which was denied. The plaintiff appeals, arguing (1) that this case should be remanded for the trial court to reconsider the evidence submitted in support of the plaintiff's motion to alter or amend in light of the Supreme Court's decision in Harris v. Chern, 33 S.W.3d 741 (Tenn. 2000); (2) that Frontier Health is not entitled to summary judgment, which was granted on the basis of Kirk's alleged statutory immunity; and (3) that Frontier Health's third motion for summary judgment constitutes an improper "appeal" of the denial of its second summary judgment motion by a different trial judge. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Thomas J. Seeley, Jr. |
Carter County | Court of Appeals | 07/13/01 | |
| State of Tennessee v. Laverne Long
W2000-02773-CCA-R3-CD
The Defendant, Laverne Long, entered a guilty plea to reckless homicide, a Class D felony, in exchange for a two year sentence as a Range I, standard offender. Following an evidentiary hearing on the Defendant's motion to suspend her sentence, the trial court denied alternative sentencing. The Defendant now appeals as of right from the denial of alternative sentencing. We find no error; thus, we affirm the judgment of the trial court.
Authoring Judge: Judge David H. Welles
Originating Judge:Judge Arthur T. Bennett |
Shelby County | Court of Criminal Appeals | 07/13/01 | |
| Peggy Lane, et al vs. Luella Spriggs, et al
E2001-00163-COA-R3-CV
This case involves the validity of an unsigned warranty deed in the plaintiffs' chain of title. Following a bench trial, the court below reformed the deed to add the missing signature. The defendants appeal, arguing, among other things, that the unsigned deed is inoperative and cannot be reformed. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Telford E. Forgerty, Jr. |
Cocke County | Court of Appeals | 07/13/01 | |
| Kenneth Warren v. Columbia/HCA Healthcare, Nashville Memorial Hospital
M2000-02579-COA-R3-CV
This is a malicious prosecution case. The defendants obtained a warrant against the plaintiff after observing a man matching the plaintiff's description attempting to break into a car on the defendants' property. After a jury trial, the plaintiff was found not guilty. Subsequently, the plaintiff instituted a lawsuit against the defendants for malicious prosecution. The trial court granted the defendants' motion for summary judgment and the plaintiff now appeals. We affirm, finding that the defendants acted with probable cause and without malice in obtaining the warrant.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Barbara N. Haynes |
Davidson County | Court of Appeals | 07/12/01 | |
| Jerome Felix Havely vs. Almeda Matthews Havely
E2000-02275-COA-R3-CV
In 1983, Jerome Felix Havely and Almeda Matthews Havely were divorced. They had entered into a Property Settlement Agreement which was incorporated into the Judgment of Divorce ("Divorce Judgment"). Neither the Divorce Judgment nor the Property Settlement Agreement mentioned the military pension of Jerome Felix Havely ("Plaintiff"). Approximately one month after the entry of the Divorce Judgment, Almeda Matthews Havely ("Defendant") filed a motion essentially seeking relief under Tenn. R. Civ. P. 60.02 in which she alleged that the Divorce Judgment should be set aside because she had not been aware of her entitlement to Plaintiff's military pension. This motion was dismissed in 1984 by the trial court for failure to prosecute. This matter lay dormant for fourteen plus years until Defendant filed two more Rule 60.02 motions. Defendant's third and final Rule 60.02 motion, filed in 1999, is the subject of this appeal. After three notices of hearing were filed, the trial court dismissed Defendant's motion without providing its reasons for the dismissal. Defendant appeals. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Joyce M. Ward |
Hamblen County | Court of Appeals | 07/12/01 | |
| Susan Green v. Leon Moore, et al.
M2000-03035-COA-R3-CV
This appeal arises from the breach of a settlement agreement entered into by the Appellants and the Appellee. The Appellee filed a complaint against the Appellants in the Circuit Court for Williamson County, seeking damages for loss of reputation, embarrassment, humiliation, lost wages, loss of earning capacity, and loss of the ability to advance. The Appellants filed a motion to dismiss on the basis that the action was barred by the statute of limitations. The trial court granted in part and denied in part the motion to dismiss.
Originating Judge:Robert E. Lee Davies |
Williamson County | Court of Appeals | 07/12/01 | |
| Mary Regina Blalock v. Travelers Insurance Company,
W2000-01616-WC-R3-CV
The appellant, Travelers, insists (1) the trial court improperly applied the last injurious injury rule, (2) the trial court erred by assuming certain facts and taking judicial notice of matters not in evidence, (3) the trial court erred by giving deference to the opinion of an evaluating physician instead of a treating physician and (4) the award of benefits based on 25 percent to both arms is excessive. As discussed below, the panel has concluded the judgment should be affirmed.
Authoring Judge: Joe C. Loser, Jr., Sp. J
Originating Judge:Karen R. Williams, Judge |
Shelby County | Workers Compensation Panel | 07/12/01 | |
| Dorothy Pirtle v. Royal Insurance Company
W2000-00867-WC-R3-CV
In this appeal, the employer's insurer insists (1) the award of benefits based on 75 percent permanent partial disability to both arms is excessive and (2) the trial court erred in awarding as discretionary costs an independent medical examiner's fee for examining and evaluating the injured employee. As discussed below, the panel has concluded the award of disability benefits should be affirmed and the award of discretionary costs modified.
Authoring Judge: Joe C. Loser, Jr., Sp. J
Originating Judge:W. Michael Maloan, Chancellor |
Obion County | Workers Compensation Panel | 07/12/01 | |
| Doris Jean Bryant v. Tennessee Conference of The United
M2000-01797-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 07/12/01 | |
| Sherri Vaughn vs. Nathan Vaughn
E2000-02281-COA-R3-CV
In this divorce case, the husband has appealed the award of alimony, child visitation and support, and the Court's division of marital property. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:L. Marie Williams |
Hamilton County | Court of Appeals | 07/12/01 | |
| E2000-02221-COA-R9-CV
E2000-02221-COA-R9-CV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:W. Neil Thomas, III |
Hamilton County | Court of Appeals | 07/12/01 | |
| Darra Mcmillin v. Mckenzie Special School District,
W2000-02165-WC-R3-CV
In this appeal, the Second Injury Fund (the Fund) insists the trial court erred in (1) awarding permanent total disability benefits and (2) apportioning the award between the Fund and the employer. The employer insists (1) the employee's injury is not compensable, (2) the trial court erred in commuting one-half of the award to a lump sum, and (3) the trial court erred in awarding the employee a scooter and special bed. As discussed below, the panel has concluded judgment should be modified by reducing the lump sum, because it exceeds the statutorily allowed maximum, but otherwise affirmed.
Authoring Judge: Joe C. Loser, Jr., Sp. J.
Originating Judge:Julian Guinn, Judge |
Carroll County | Workers Compensation Panel | 07/12/01 | |
| Provident Life & Accident Ins. vs.Tina Shankles, et al
E2000-02073-COA-R3-CV
This is an interpleader bill filed by Provident Life and Accident Insurance Company against four named Beneficiaries in a policy of insurance issued to their father, Arnold Joe Johnson. Two of the Beneficiaries were children by a former marriage of Mr. Johnson, who were added as such shortly before his death. The two Beneficiaries by a subsequent marriage insisted that the provisions of a divorce decree precluded Mr. Johnson from adding his other two children as Beneficiaries. The Trial Court found that all four should share in the proceeds of the policy equally and entered a summary judgment to that effect. We vacate and remand.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:W. Neil Thomas, III |
Hamilton County | Court of Appeals | 07/12/01 | |
| Thomas White v. Kathy White
M2000-02674-COA-R3-CV
This appeal arises from the Appellant's filing of a Petition to Modify the Final Decree of Divorce in the Circuit Court of Sumner County. The Appellant requested a downward deviation in child support and a reduction in alimony. The Appellant also requested that he no longer be required to reimburse the Appellee for health insurance coverage. The Appellee filed a Counter-Petition requesting an upward deviation in child support. Following a trial on the Petition and Counter-Petition, the trial court entered an order reducing the Appellant's child support obligation to $1,000.00 per month. The trial court declined to modify the award of rehabilitative alimony and health insurance coverage. The Appellant appeals the decision of the Circuit Court of Sumner County setting child support at $1,000.00 per month and refusing to modify the award of rehabilitative alimony and health insurance coverage. 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:Arthur E. Mcclellan |
Sumner County | Court of Appeals | 07/12/01 | |
| Kelly Stillwell vs. Thomas Stillwell
E2001-00245-COA-R3-CV
Thomas Stillwell ("Father") appeals the Trial Court's order which he claims improperly modified the original decree establishing child visitation. Father claims this was in error because there was no showing of a material change in circumstances. Father also appeals the Trial Court's order which prohibited him from possessing a firearm when he is exercising visitation with his son. We affirm the Trial Court's determination on visitation, as modified, and vacate the prohibition on Father's possessing a firearm in the presence of his child.
Authoring Judge: Judge David Michael Swiney
Originating Judge:John B. Hagler, Jr. |
Bradley County | Court of Appeals | 07/12/01 | |
| Humphreys County Utility Dist. vs. Schatz Underground Cable, Inc.
M2000-02650-COA-R3-CV
In this negligence action, Plaintiff sued Defendant for damages in connection with the rupture of a gas line. Following a bench trial, the trial court entered judgment for Plaintiff. Defendant appeals. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Allen W. Wallace |
Humphreys County | Court of Appeals | 07/12/01 | |
| Catherine Jackson vs. Bruce Jackson
E2001-00287-COA-R3-CV
Catherine Dean Jackson ("Plaintiff") filed a Complaint for divorce against her husband, Bruce Lane Jackson ("Defendant"). The parties entered a stipulation, which was approved by the Trial Court, in which they agreed both parties were entitled to a divorce and agreed that Plaintiff be granted custody of their minor child. The parties, however, did not agree on the remaining issues of alimony and the division of marital property and liabilities. Over approximately four years, the Trial Court referred these issues to a Special Master on three occasions. Upon each referral by the Trial Court, the Special Master held a hearing in which he heard arguments and, during the first two hearings, heard testimony from the parties and witnesses. After each hearing, the Special Master filed his report, but did not file a transcript of the hearing with the report as required by Tenn. R. Civ. P. 53.04(1). Among other findings, the Special Master recommended that Plaintiff receive "rehabilitative alimony for life . . . " in the amount of $1,000 per month and that Defendant pay the parties' entire 1994 tax liability. With the exception of modifying the Special Master's alimony recommendation to alimony in futuro, the Trial Court adopted the Special Master's recommendations which precipitated Defendant's appeal. Due to the Special Master's failure to comply with Tenn. R. Civ. P. 53.04(1), we vacate the portion of the the Trial Court's judgment relative to alimony and the 1994 tax liability, affirm the remainder of the judgment, and remand.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Samuel H. Payne |
Hamilton County | Court of Appeals | 07/12/01 | |
| William Winchester vs. Glenda Winchester
W2000-01764-COA-R3-CV
In a post-divorce proceeding, father filed a "motion" to increase visitation with his minor child. The trial court found that there had been no material change of circumstances since the entry of the prior visitation order and denied the "motion." Father has appealed. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Don H. Allen |
Chester County | Court of Appeals | 07/11/01 | |
| John Floyd vs. Carolyn Floyd
M2000-02344-COA-R3-CV
When husband and wife divorced, they signed a marital dissolution agreement which was incorporated into the Final Decree of Divorce providing, inter alia, that husband would have visitation rights with wife's daughter by a previous marriage and husband would in turn pay college tuition and expenses for the child and would leave to the child by Will one-fourth of his estate. A dispute arose as to the extent of visitation, and husband filed a petition to establish visitation rights. Wife filed a petition to require husband to continue his obligations expressed in the marital dissolution agreement. The trial court felt that there was no meeting of the minds between the parties with regard to the visitation issue; therefore, there was no valid contract. Husband appeals. We reverse and remand.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Royce Taylor |
Rutherford County | Court of Appeals | 07/11/01 |