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| Jackie McGregor vs. Gregor Scott McGregor
E1999-00877-COA-R3-CV
This is a divorce case. Following a bench trial, the court below (1) granted the parties a divorce on stipulated grounds; (2) divided the marital property; and (3) found that wife was not entitled to an award of alimony, but that funds withdrawn by her from a joint account immediately prior to her filing for divorce constituted necessary temporary support for her and the parties' daughter. Wife appeals the trial court's characterization of certain real property as marital property and the trial court's division of the marital property. Both wife and husband take issue with the trial court's treatment of the funds withdrawn by wife from the joint account. We affirm the judgment of the trial court, as modified.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:L. Marie Williams |
Hamilton County | Court of Appeals | 09/26/00 | |
| State vs. Jimmy Cullop
E2000-00095-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:R. Jerry Beck |
Sullivan County | Court of Criminal Appeals | 09/26/00 | |
| State vs. Chris A. Jefferson
E2000-00429-CCA-R3-CD
Chris A. Jefferson appeals a certified question of law regarding a police officer's stop of him which resulted in his arrest for driving under the influence. Because we agree with the trial court that reasonable suspicion supported by specific and articulable facts existed for the stop, we affirm the judgment of the trial court.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Phyllis H. Miller |
Sullivan County | Court of Criminal Appeals | 09/26/00 | |
| Clara Frazier,vs. East Tennessee Baptist Hosp., Inc. et al.
E2000-00686-COA-R3-CV
In this medical malpractice case brought by Clara Frazier, as Administratrix of the Estate of Josie Mae Blalock Pickens against East Tennessee Baptist Hospital, Inc., and Mark W. Jackson, M.D., the Trial Court sustained the motion of Baptist Hospital for summary judgment because the order granting an amendment to add Baptist Hospital as a party defendant after a non-suit had earlier been taken, was not timely and exceeded the one year mandated in T.C.A. 28-1-105(a). Ms. Frazier appeals, insisting that Rule 15.03 of the Tenn. R. Civ. P. is applicable and that the amendment related back to the date of the initial filing. We find the Trial Court acted properly and affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 09/26/00 | |
| Christopher J. Moore vs. Robert S. Johnson, et al
E2000-00385-COA-R3-CV
This is a personal injury action arising out of an automobile accident. The jury returned a verdict in favor of the plaintiff, finding that the defendant and an unidentified driver were equally at fault in causing the accident. The defendant appeals, raising issues that require us to determine whether there is material evidence in the record to support the jury's verdict. We conclude that there is material evidence to support the verdict and thus affirm the judgment.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Harold Wimberly |
Knox County | Court of Appeals | 09/26/00 | |
| State vs. Treva Dianne Green
E1999-02204-CCA-R3-CD
The defendant appeals from her Blount County Circuit Court conviction and sentence for driving under the influence, a Class A misdemeanor. The trial court sentenced the defendant to eleven months and 29 days in the Blount County Jail, all of which was suspended except for service of eight days incarceration. The jury imposed a fine of $1,500. In this direct appeal, the defendant complains that the evidence is insufficient to support her conviction, that statements she made to the arresting officer should have been suppressed, that prosecutorial misconduct taints the verdict, that the jury should have been charged on reckless driving as a lesser-included offense, and that her sentence and fine are excessive. We affirm the judgment of the trial court, as modified.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 09/26/00 | |
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Supreme Court | 09/25/00 | ||
| State of Tennessee v. Terry Eugene Ballard
II-1196-344-B
Originating Judge:Donald P. Harris |
Williamson County | Court of Criminal Appeals | 09/22/00 | |
| State vs. Michael Anthony Maddox
M2000-00193-CCA-R3-CD
The defendant appeals the sentencing decision of the Marshall County Circuit Court. The defendant was convicted of two counts of sexual battery by an authority figure and sentenced to concurrent four year terms on each count. He was convicted of two counts of aggravated sexual battery and sentenced to concurrent twelve year terms on each count. Those sentences were run consecutively to the sentences for aggravated battery, for an effective sentence of sixteen (16) years. We affirm the judgment of the trial court.
Authoring Judge: Judge Cornelia A. Clark
Originating Judge:William Charles Lee |
Marshall County | Court of Criminal Appeals | 09/22/00 | |
| R & D Marina, Inc., et al vs. Roane County, et al
E1999-02687-COA-R3-CV
Plaintiffs, a marina and its owners, were holders of a 1996 lease from Roane County to build and manage a marina. Plaintiffs received a permit from TVA to operate the marina in 1997. Plaintiffs filed suit against Roane County and four boathouse owners, seeking a declaratory judgment that the marina was entitled to monthly rent from the individual Defendants from the date of the Roane County lease until their boathouses were removed from the leased premises. The boathouse owners were holders of prior TVA permits to moor boathouses within the same area which became the marina pursuant to the 1996 lease and 1997 permit. The Trial Court ordered the boathouse owners to pay rent to the marina and to remove their boathouses. We affirm the judgment of the Trial Court insofar as it ordered the individual Defendants to remove their boathouses. We hold the Trial Court erred in ordering the individual Defendants to pay rent starting from the date of the lease rather than the date of Plaintiffs' TVA permit. Accordingly, we modify the judgment of the Trial Court to reflect that Defendants owe rent to Plaintiffs from the date of Plaintiffs' TVA permit until the boathouses were removed. The judgment of the Trial Court is affirmed, as modified, and the case is remanded.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Frank V. Williams, III |
Roane County | Court of Appeals | 09/22/00 | |
| Writesman vs. Writesman
M1999-00726-COA-R3-CV
This appeal is from the trial court's order denying Husband's Petition for Modification and sentencing him to thirty days in jail for criminal contempt. Husband attempted to show that there had been a substantial and material change in the relative financial positions of the parties and that his court ordered alimony obligation should be terminated or modified. Wife counter-petitioned for contempt of court, and Husband was, thereafter, charged with criminal contempt and found guilty for his failure to pay alimony. We agree with the trial court that Husband failed to show a material change in circumstances sufficient to justify terminating or modifying his alimony obligation. We also agree with the trial court's finding of criminal contempt and uphold its sentence of thirty days in prison for such contempt. Therefore, the ruling of the trial court on all issues presented on appeal is affirmed.
Authoring Judge: Judge William B. Cain
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 09/22/00 | |
| State vs. Shirley Cooper
E1999-01810-CCA-R3-CD
The defendant was charged with violation of probation for harassment. The trial court found that the defendant had materially and repeatedly violated the terms of her probation, and that, given her history, she was not capable of successfully completing a term of supervised probation. Consequently, the trial court revoked the defendant's probation, ordering that she serve her original sentence of eleven months and twenty-nine days in jail, with credit given for the forty-one days of jail time she had already served. The defendant filed a timely appeal, presenting the sole issue of whether the trial court erred in revoking her probation. Based upon our review, we affirm the judgment of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 09/22/00 | |
| Prentice vs. Prentice
M1999-01507-COA-R3-CV
Ronald Prentice appeals from a decision of the Davidson County Circuit Court. The appeal involves a dispute over property division arising out of a divorce.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 09/22/00 | |
| Taylor vs. Heldman
M1999-00729-COA-R3-CV
Daniel Benson Taylor ("Plaintiff"), a prison inmate, filed suit for damages and other relief against two judges of the 21st Judicial District and, by amended complaint, the assistant attorneys general representing the two judges because of the alleged failure of the judges to grant his petition for a writ of habeas corpus. The trial judge granted a Tennessee Rules of Civil Procedure 12.02(6) motion to dismiss for failure to state a claim upon which relief can be granted. The specially appointed trial judge sustained the motion and Plaintiff appeals. We affirm.
Authoring Judge: Judge William B. Cain
Originating Judge:Daniel Benson Taylor V Russell Heldman |
Hickman County | Court of Appeals | 09/22/00 | |
| Chambers vs. Amonette
M1999-01254-COA-R3-CV
At the time of the parties' divorce in 1992, their minor child was placed in the primary residential custody of the mother, and the father was ordered to pay child support in the amount of $300.00 per month. The mother instituted a petition to modify. The father is in the military and, at the time of trial, had a base pay of $2,888.46 per month, which included allowances for BAS, BAH, and BAQ-DIFF. The parties anticipated at the time of trial that the father would be transferred to Korea for one year of service, and then would be transferred to England. According to the father, he would continue to receive his BAQ-DIFF allowance, but, while in Korea, he would no longer receive BAS or BAH allowances. The mother sought an increase in the monthly support payments based upon a significant variation with the Tennessee Child Support Guidelines and based upon reduced visitation by the father. According to the parties' final divorce decree, the father's visitation schedule provided for an average of sixty-nine days of visitation throughout the year, as compared to the anticipated eighty days in the Guidelines. After a hearing on the matter, the trial court denied the petition and ordered the mother to pay the father's costs and attorney's fees. We reverse and remand.
Authoring Judge: Judge David R. Farmer
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 09/22/00 | |
| Thomas J. Williams vs. State
M2000-00506-CCA-R3-PC
Thomas J. Williams appeals from the Hickman County Circuit Court's denial of his pro se petition for post-conviction relief. After review, we find the trial court's summary dismissal proper because the petition (1) is time barred; (2) fails to state a colorable claim; and (3) raises claims which are waived as they were not raised in previous petitions. Accordingly, we affirm the trial court's denial of the petition.
Authoring Judge: Judge David G. Hayes
Originating Judge:Timothy L. Easter |
Hickman County | Court of Criminal Appeals | 09/22/00 | |
| Brenda D. Estes, et al vs. Sandra H. Peels, et al
E1999-00582-COA-R3-CV
This case arises out of a motor vehicle accident that occurred when a vehicle exited a manufacturing plant's parking lot and collided with the plaintiff's vehicle on a public highway. Brenda D. Estes and her husband sued the owner of the plant for negligence. The trial court granted the plant owner summary judgment. We hold that, under the circumstances of this case, the plant owner did not owe a duty of care to the plaintiff and therefore affirm the grant of summary judgment.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Ben W. Hooper, II |
Jefferson County | Court of Appeals | 09/21/00 | |
| Eric Petty, a child
W2000-00907-COA-R3-CV
This case involves an appeal regarding the lower court's determination that Eric Dylan Petty was a delinquent child. In February 2000, a petition was filed with the Juvenile Court of Obion County alleging that Eric Dylan Petty committed the delinquent acts of aggravated assault and vandalism. The juvenile court determined that Petty was delinquent and ordered him committed to the Tennessee Department of Children's Services. After a de novo hearing, the circuit court also declared Petty delinquent based on the acts of aggravated assault and vandalism and affirmed Petty's commitment to the Department of Children's Services. This appeal followed.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:William B. Acree |
Obion County | Court of Appeals | 09/21/00 | |
| International Deli/Caterers vs. Raymond/Kimberly Shields
W2000-00269-COA-R3-CV
This is a contract case. The defendants entered into a franchise agreement with the plaintiff to own and operate a franchise. After the defendants failed to make royalty payments for two months and then failed to make a note payment, the plaintiff filed suit alleging breach of contract. The defendants counter-claimed, alleging that the plaintiff breached the contract first by not operating a marketing fund mentioned in the franchise agreement and by not furnishing a sign provided for in the purchase agreement. At trial, the trial court allowed testimony by the plaintiff as to discussions, prior and subsequent to the signing of the agreements, in which he claimed that the parties had agreed upon different terms regarding the marketing fund and sign. The trial court found that the plaintiff had not breached the agreements by not maintaining the marketing fund or furnishing the sign, and that even if it were a breach, it was not a material breach. The defendants now appeal. We affirm.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:James F. Russell |
Shelby County | Court of Appeals | 09/21/00 | |
| Stephenson vs. Carlton
E1998-00202-SC-R11-CD
We granted this appeal to determine whether the appellant's sentence of life without parole for first- degree murder was an illegal sentence and, if so, whether the appellant was entitled to habeas corpus relief. The trial court dismissed the petition for habeas corpus and the Court of Criminal Appeals affirmed. We conclude, and the State concedes, that the sentence of life without parole was not a statutorily authorized punishment at the time the appellant committed the offense of first-degree murder and that the illegal sentence was properly challenged in a habeas corpus petition. We reverse the judgment of the Court of Criminal Appeals and remand the case to the trial court for further proceedings.
Authoring Judge: Justice E. Riley Anderson
Originating Judge:Lynn W. Brown |
Johnson County | Supreme Court | 09/21/00 | |
| State vs. Billy Hancock
W1999-01746-CCA-R3-CD
The defendant, Billy Hancock, pled guilty in Shelby County Criminal Court to vehicular homicide, vehicular assault, aggravated child endangerment, three (3) counts of child endangerment, and reckless driving. The trial court sentenced the defendant to serve twelve (12) years for vehicular homicide, four (4) years for vehicular assault, four (4) years for aggravated child endangerment, nine (9) months for each of the three (3) counts of child endangerment, and six (6) months for reckless driving. The court ordered that the sentences for vehicular homicide, vehicular assault, and each of the three counts of child endangerment were to be served consecutively to each other, and that the sentences for reckless driving and aggravated child endangerment were to be served concurrently with the sentence for vehicular homicide. The total effective sentence was eighteen (18) years and three (3) months. On appeal, this court affirms the imposition of consecutive sentences because the trial court properly found that the defendant was a dangerous offender and had an extensive criminal history.
Authoring Judge: Judge Jerry Smith
Originating Judge:Chris B. Craft |
Shelby County | Court of Criminal Appeals | 09/21/00 | |
| Marvin Catron v. State of Tennessee
W2007-02408-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Originating Judge:John T. Fowlkes, Jr. |
Shelby County | Court of Criminal Appeals | 09/21/00 | |
| State of Tennessee v. Demetrius Levar Mcneil
W2000-00276-CCA-R3-CD
Originating Judge:Chris B. Craft |
Shelby County | Court of Criminal Appeals | 09/21/00 | |
| Wilson Pharmacy, Inc., vs. General Computer Corp.
E2000-00733-COA-R3-CV
The origin of this appeal is a complaint filed by Plaintiff Wilson Pharmacy, Inc., against Defendant General Computer Corporation, seeking damages for allegedly furnishing defective computer hardware and software programs pursuant to contracts entered into between the parties. The Trial Court found that the provision providing suit must be brought within one year after accrual of the action barred Wilson Pharmacy's claim. Wilson Pharmacy appeals, contending the contract they entered into was one of adhesion, rendering the contract limitation period ineffective. We affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Thomas J. Seeley, Jr. |
Washington County | Court of Appeals | 09/21/00 | |
| Mary Schremp vs. David Schremp
W1999-01734-COA-R3-CV
Mother, the custodial parent of minor children, desired to relocate out of state to live with her new husband. Father protested the move and filed a petition in opposition. Finding that Mother's new husband could easily move to Memphis to live with his new family and that dislocating the children was not in their best interest, the trial court granted the petition. We affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:John R. Mccarroll, Jr. |
Shelby County | Court of Appeals | 09/21/00 |