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| Vonkrosigk vs. Rankin
M1999-02254-COA-R3-CV
Buyer in real estate sale contract contingent on obtaining the financing sued for return of earnest money after she failed to qualify for a loan to finance to purchase. The trial court found that buyer acted in good faith in attempting to secure financing and entered judgment for buyer. Sellers have appealed.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Don Ash |
Rutherford County | Court of Appeals | 07/13/00 | |
| City of Murfreesboro vs. Pierce Hardy Real Estate, Inc.
M2000-00562-COA-R9-CV
This case involves a dispute between the City of Murfreesboro and a landowner over the value and the acreage of a tract of land taken by the city to be used for a greenway along the Stones River. The city appeals the trial court's denial of a motion in limine that the city filed to exclude testimony of the landowner's appraiser. The motion stated that the expert's testimony relied on an inadmissible method of valuation and should, therefore, be excluded. Additionally, the landowner appeals the trial court's ruling that the landowner did not own a .61 acre portion of the of the land taken because, as it sits at the bottom of a navigable waterway, it is not subject to private ownership.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Robert E. Corlew, III |
Rutherford County | Court of Appeals | 07/13/00 | |
| Murphy vs. Martin
M1999-02273-COA-R3-CV
The trial court dismissed this negligence action for the failure to prosecute. On appeal the plaintiff asserts that she did not have adequate notice that her lawsuit was in jeopardy. We affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Hamilton V. Gayden, Jr. |
Davidson County | Court of Appeals | 07/13/00 | |
| Dept. of Children's Services v. T.L.C.
M2003-00509-COA-R3-JV
In this appeal the Appellant, R.L.P, Sr., argues that the Trial Court erred in terminating his parental rights to his son, R.L.P., Jr. We vacate the judgment of the Trial Court and remand.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Timothy R. Brock |
Coffee County | Court of Appeals | 07/13/00 | |
| State vs. Frederick Cavitt
E1999-00304-CCA-R3-CD
While incarcerated in the Tennessee Department of Correction, the defendant was indicted for aggravated assault, pled guilty to the lesser included offense of simple assault, and received a sentence of eleven months and twenty-nine days. The defendant moved for pretrial jail credits, in the amount of three hundred and twenty-one days, calculated from the day the arrest warrant was served to the day the judgment was entered. We conclude that the defendant is not entitled to the claimed jail credits and therefore affirm the trial court's order dismissing the defendant's Motion to Modify Judgment to Reflect Jail Credits. We modify the sentence to indicate service in either the Carter County Jail or workhouse.
Authoring Judge: Judge John Everett Williams
Originating Judge:Robert E. Cupp |
Carter County | Court of Criminal Appeals | 07/13/00 | |
| Geldreich vs. Hall
M1999-02258-COA-R3-CV
This appeal arises from a suit initiated by Geldriech ("Investors") alleging breach of fiduciary duty, fraud, and conversion by Hall in his capacity as corporate officer. When Hall failed to answer and appear for hearing, Investors' motion for default judgment was granted. Thereafter, Hall filed a motion to strike the default judgment that was denied by the court below. Hall appeals the trial court's failure to grant him relief from the default judgment.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Leonard W. Martin |
Dickson County | Court of Appeals | 07/13/00 | |
| Russo vs. Russo
M1999-02380-COA-R3-CV
This appeal arises from an action for divorce initiated by Donald Joseph Russo ("Husband") against Debra Ann Russo ("Wife"). The trial court granted Wife an absolute divorce and alimony in futuro; awarded custody of the parties' minor children to Wife; ordered Husband to pay child support in the amount of thirty-two hundred dollars per month with additional child support of two thousand dollars per month to be placed in educational trust for parties' minor children; and awarded the majority of marital assets to Wife. Husband appeals.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Tom E. Gray |
Sumner County | Court of Appeals | 07/13/00 | |
| Borders vs. Crow
M1999-00985-COA-R3-CV
This is a suit by employee for compensation allegedly due after discharge under oral contract of employment. Upon finding that the discharge was for cause, the jury nevertheless returned a verdict for the employee for post-discharge compensation. On the employer's appeal, we vacate that part of the judgment awarding post-discharge compensation.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Hamilton V. Gayden, Jr. |
Davidson County | Court of Appeals | 07/13/00 | |
| State vs. Ira Ray Crouch
E1999-02320-CCA-R3-CD
Having pled guilty to two counts of statutory rape, the defendant now challenges his sentence. He argues that the trial court improperly denied his motion for judicial diversion. We affirm his sentence of five years on probation.
Authoring Judge: Judge John Everett Williams
Originating Judge:Phyllis H. Miller |
Sullivan County | Court of Criminal Appeals | 07/13/00 | |
| State vs. Seria D. Ward
M1998-00128-CCA-R3-CD
The defendant was convicted in Davidson County of especially aggravated robbery and sentenced to confinement for seventeen years. He appealed the conviction, alleging that the evidence was insufficient to convict him of the offense, that his videotaped confession should have been excluded, and that his trial counsel was ineffective. Based upon our review, we affirm the judgment of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Thomas H. Shriver |
Davidson County | Court of Criminal Appeals | 07/12/00 | |
| State vs. Michael S. Reid
M1999-00305-CCA-R3-CD
The Williamson County grand jury indicted the appellant, Michael S. Reid, with one (1) count of driving under the influence, third offense, one (1) count of driving on a revoked license and one (1) count of criminal impersonation. The appellant pled guilty to driving on a revoked license and criminal impersonation and, after a jury trial, was found guilty of driving under the influence, third offense. The trial court sentenced the appellant to concurrent terms of eleven (11) months and twenty-nine (29) days, suspended after service of 180 days, for driving under the influence, third offense and six (6) months, suspended after service of ten (10) days, for driving on a revoked license. In addition, the appellant received a consecutive sentence of six (6) months, suspended after service of five (5) days, for criminal impersonation. On appeal, the appellant argues that the trial court erred in (1) admitting hearsay evidence over his objection by allowing a Williamson County Sheriff's Deputy to testify as to the contents of a dispatch he received prior to stopping the appellant; and (2) allowing the state to introduce evidence concerning a prior stop of the appellant for which he was not charged. We hold that the officer's testimony concerning the dispatch was nonhearsay and relevant and, as a result, properly admissible. Additionally, we conclude that the appellant has waived the issue regarding the prior stop as a result of his failure to object to this evidence at trial and his failure to include this issue in the motion for new trial. Therefore, we affirm the judgment of the trial court.
Authoring Judge: Judge Jerry Smith
Originating Judge:Timothy L. Easter |
Williamson County | Court of Criminal Appeals | 07/12/00 | |
| State of Tennessee v. Joseph S. Burris, Jr.
01C01-9907-CC-00247
Originating Judge:J. Steve Daniel |
Rutherford County | Court of Criminal Appeals | 07/12/00 | |
| Hudgens vs. Rogers
M2000-00239-COA-R3-CV
The mother of four minor children appealed the trial court's decision to change custody from Mother to Father based on a material change in circumstances. Prior to the entry of that order, it had been determined that an agreement, originally announced to the court which awarded custody of the children to Mother, had been set aside due to the court's finding that there had been no meeting of the minds of the parties as several critical issues had been left unresolved. We have determined that the court was correct in that decision. Therefore, the standard which the trial court should have applied was one of comparative fitness and best interest of the children rather than a material change of circumstances. This matter is reversed and remanded to the trial court.
Authoring Judge: Judge David R. Farmer
Originating Judge:Arthur E. Mcclellan |
Sumner County | Court of Appeals | 07/12/00 | |
| State vs. Ronald Wayne Ashby
M1999-01247-CCA-R3-CD
The defendant appeals his aggravated burglary conviction. He asserts that insufficient evidence supported the jury verdict, that the trial court improperly admitted evidence of another crime, and that his sentence is excessive. We conclude that sufficient evidence supported the verdict and that the "other crime" evidence was properly admitted. We affirm the sentence.
Authoring Judge: Judge John Everett Williams
Originating Judge:William Charles Lee |
Lincoln County | Court of Criminal Appeals | 07/12/00 | |
| Talmage Crump vs. Kimberly Bell
W1999-00673-COA-R3-CV
This is a personal injury case. Plaintiff filed a complaint and issued summons, which was returned "not to be found." Plaintiff issued an alias summons which was also returned "not to be found." Plaintiff issued pluries summons more than one year after the return of the alias summons. The trial court dismissed plaintiff's case for failure to comply Rule 3, Tenn.R.Civ.P. Plaintiff asserts that defendant is equitably estopped from relying upon Tenn.R.Civ.P. 3, because of action of defendant's liability insurance carrier leading him to believe that the defense would not be raised upon which he relied to his detriment. The trial court found no estoppel, and plaintiff has appealed.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 07/12/00 | |
| Planters Gin Company v. Federal Compress &Amp; Warehouse
W1999-02460-COA-R3-CV-
Originating Judge:Kay S. Robilio |
Shelby County | Court of Appeals | 07/12/00 | |
| Eddie Brannon v. Pen Gulf, Inc.
03S01-9906-CH-00053
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. Travelers Insurance Company (hereafter "Travelers") appeals the granting of summary judgment dismissing Reliance Insurance Company (hereafter "Reliance") as a party defendant before trial. Travelers asserts that the trial court erred in finding that the last injurious exposure rule did not create an issue of whether Reliance, as a subsequent workers' compensation insurance carrier for Pen Gulf, Inc., may be liable for Eddie Brannon's injury. An appeal from a summary judgment in a workers' compensation case is not governed by the de novo standard of review provided by Tenn. Code Ann. _ 5-6- 225(e)(3), but by Rule 56, T.R.C.P. Downen v. Allstate Ins. Co., 811 S.W.2d 523, 524 (Tenn. 1991). No presumption of correctness attaches to decisions granting summary judgment because they involve only questions of law and the reviewing court must determine whether the requirements of Rule 56 have been met. Gonzales v. Alman Const. Co., 857 S.W.2d 42, 44-45 (Tenn. 1993). Summary judgment is proper when the movant demonstrates that there are no genuine issues of material fact and that the movant is entitled to judgment as a matter of law. Rule 56.3, T.R.C.P. In considering a motion for summary judgment, the court must take the strongest legitimate view of the evidence in favor of the nonmoving party, allow all reasonable inferences in favor of that party, and discard all countervailing evidence. Byrd v. Hall, 847 S.W.2d 28, 21 (Tenn. 1993). "It is almost never an option in workers' compensation cases. In a summary judgment hearing, even where the parties have no right to a jury trial, the trial judge is not at liberty to weigh the evidence." Hilliard v. Tennessee State Home Health Services, Inc., 95 S.W.2d 344, 345 (Tenn. 1997). Eddie Brannon filed this action on March 23, 1998 to recover workers' compensation benefits for "bilateral carpal tunnel syndrome which was caused by the 2
Authoring Judge: Special Judge Howell N. Peoples
Originating Judge:Hon. Jerri Bryant |
Knox County | Workers Compensation Panel | 07/12/00 | |
| State vs. Joyce Newman
M1999-00161-CCA-R3-CD
The defendant pled guilty in Sequatchie County to two counts of selling a Schedule II substance and was sentenced to confinement for four years and six months. After serving six months, she was placed in community corrections. Subsequently, an affidavit was filed by her probation officer, alleging that she had violated her Community Services Behavioral Contract in several ways, including "breaking house arrest." Following a hearing, the trial court agreed that the defendant had violated the house arrest provision of the contract and ordered that she serve the remainder of her sentence with the Department of Correction. The defendant timely appealed, alleging that the trial court improperly considered certain evidence and that, if she was reconfined, she should have served her sentence at the local jail, rather than with the Department of Correction. Based upon our review, we reverse the order of the trial court and remand for a new revocation hearing.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Thomas W. Graham |
Sequatchie County | Court of Criminal Appeals | 07/12/00 | |
| Johnna Hayes vs. Jeff Hayes
W1999-00445-COA-R3-CV
This appeal arises from a dispute between Plaintiff Johnna Lea Hayes (Beuerlein) and Defendant Jeff C. Hayes regarding the amount of Mr. Hayes' child support obligation and the enforcement of a promissory note executed by Ms. Beuerlein in conjunction with the parties' divorce. The trial court found (1) that Mr. Hayes has an annual income of $64,139.00, (2) that Mr. Hayes' child support obligation is $1,221.00 per month but that this amount should be reduced to $621.00 per month until Ms. Beuerlein's debt under the promissory note is satisfied, (3) that Mr. Hayes' child support arrearage is equal to $14,940.00, (4) that Ms. Beuerlein's debt under the promissory note is equal to $39,569.85, (5) that, subtracting Mr. Hayes' child support arrearage from Ms. Beuerlein's debt under the promissory note, the net amount that Ms. Beuerlein owes to Mr. Hayes is $24,665.85 plus ten percent (10%) interest, and (6) that each party shall pay his or her own attorney's fees. For the reasons set forth below, the ruling of the trial court is affirmed in part, reversed in part, and the cause is remanded for further proceedings consistent with this opinion.
Authoring Judge: Judge David R. Farmer
Originating Judge:George R. Ellis |
Haywood County | Court of Appeals | 07/12/00 | |
| Jeremy Tompkins vs. Mary Rainey
W1999-01218-COA-R3-CV
In this action to establish parentage, Jeremy Earl Tompkins (Father) appeals the trial court's final judgment awarding Mary Helen Rainey (Mother) custody of the parties' infant son. We affirm the trial court's judgment.
Authoring Judge: Judge David R. Farmer
Originating Judge:A. V. Mcdowell |
Shelby County | Court of Appeals | 07/11/00 | |
| State vs. Michael Sample & Larry McKay
W1999-01202-CCA-R3-PC
The Defendants were each convicted in 1982 of two counts of felony murder. Each Defendant received two death penalties for the murders. On post-conviction, the Defendants contend that the State withheld exculpatory information and that their death penalties were predicated in part on an invalid aggravating circumstance. The trial court dismissed the petitions without a hearing, finding that the Brady claims were time-barred and finding beyond a reasonable doubt that the jury would have imposed the death sentences absent consideration of the invalid aggravating circumstance. The Defendants now appeal the trial court's findings on both claims for relief. We affirm the trial court's judgment.
Originating Judge:Bernie Weinman |
Shelby County | Court of Criminal Appeals | 07/11/00 | |
| State of Tennessee v. Michael Eisom
W1999-00739-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Joseph H. Walker, III |
Lauderdale County | Court of Criminal Appeals | 07/11/00 | |
| State vs. Gene Logue
W1999-01795-CCA-R3-CD
Defendant was convicted of theft of property over $500.00, and sentenced to two (2) years as a Range I standard offender. Defendant now appeals as of right, and raises the following issues: the evidence is insufficient to sustain his conviction, the court erred in failing to grant his motion for judgment of acquittal because the state failed to prove the value of the property stolen and the venue of the crime in Benton County, and the court erred in sentencing defendant to serve two (2) years and failing to consider alternative sentencing. We affirm the decision of the trial court.
Authoring Judge: Judge Cornelia A. Clark
Originating Judge:Julian P. Guinn |
Benton County | Court of Criminal Appeals | 07/11/00 | |
| State v. Dwanna L. Mason
M1999-02535-CCA-R3-CD
The defendant pled guilty in Davidson County Criminal Court to vehicular homicide by reckless conduct, a Class C felony, and four lesser charges against her were dismissed. Her guilty plea was submitted without any agreement of the parties as to length or manner of service of sentence. After a sentencing hearing at which the defendant testified, the trial court sentenced her to five years and six months in continuous confinement. The defendant appeals as of right this sentence. We conclude that the imposition of a sentence of five years and six months was appropriate. We affirm the sentence as to length but modify it to show a period of confinement equal to time already served with the remaining time to be served on probation.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Frank G. Clement, Jr. |
Davidson County | Court of Criminal Appeals | 07/11/00 | |
| State vs. Christopher Henderson
W1999-00958-CCA-R3-CD
Defendant appeals the trial court's denial of judicial diversion and full probation following his guilty plea to possession of cocaine under 0.5 grams with intent to deliver and possession of drug paraphernalia. We affirm the judgment of the trial court pursuant to Rule 20, Tennessee Court of Criminal Appeals.
Authoring Judge: Judge Joe G. Riley
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Lauderdale County | Court of Criminal Appeals | 07/11/00 |