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| Mario Haywood vs. Dept. of Corrections, et al
M1999-02282-COA-R3-CV
The plaintiff prison inmate filed pro se petition for declaratory judgment and/or a writ of certiorari seeking review of prison disciplinary board's finding of guilt and the punishment relating to a prison incident. The trial court dismissed the petition for lack of jurisdiction, finding that declaratory judgment was not available for a review of prison disciplinary proceedings and that the petition for a writ of certiorari was untimely filed. The trial court also denied the plaintiff's subsequent petition to rehear. The plaintiff appeals from the dismissal of his original petition and the denial of his petition to rehear. We affirm
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 05/12/00 | |
| ATS Southeast, Inc., et al vs. Carrier Corp.
M1999-02658-SC-R23-CQ
Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:Aleta A. Trauger |
Supreme Court | 05/12/00 | ||
| Crowe vs. Crowe
M1999-01889-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Clara W. Byrd |
Smith County | Court of Appeals | 05/12/00 | |
| State vs. Robert Jarnagin
E1998-00892-CCA-R8-CD
Authoring Judge: Judge John Everett Williams
Originating Judge:James E. Beckner |
Hamblen County | Court of Criminal Appeals | 05/12/00 | |
| Stacy's Carpet Steam Cleaning Co. vs. David McNeely, et al
E1999-01880-COA-R3-CV
Stacy's Carpet Steam Cleaning Company d/b/a Bent Nail Construction, the Plaintiff, appeals a judgment from the Carter County Chancery Court. The Plaintiff's issues are whether the Trial Court erred in calculating the damages, erred in failing to award prejudgment interest, and erred in failing to enforce a mechanic's lien. The Defendants raise an issue insisting the parties reached an accord and satisfaction or a new contract. We affirm the judgment of the Trial Court pursuant to Rule 10 of this Court as to the Plaintiff's issues one and two and as to the Defendants' issue and modify its judgment as to the Plaintiff's issue three regarding enforcement of its lien.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Jean A. Stanley |
Carter County | Court of Appeals | 05/12/00 | |
| State vs. Robbie Davidson
M1997-00130-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Originating Judge:Leon C. Burns, Jr. |
Pickett County | Court of Criminal Appeals | 05/12/00 | |
| State vs. Benito Gomez
M1998-00096-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Originating Judge:William Charles Lee |
Bedford County | Court of Criminal Appeals | 05/12/00 | |
| State vs. Barbara Powell
W1999-01825-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Originating Judge:Dick Jerman, Jr. |
Gibson County | Court of Criminal Appeals | 05/11/00 | |
| State of Tennessee v. Albert Hampton
W1999-00059-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Originating Judge:John P. Colton, Jr. |
Shelby County | Court of Criminal Appeals | 05/11/00 | |
| Sarah Wilkerson vs. Robert Wilkerson
W1999-01684-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:James E. Swearengen |
Shelby County | Court of Appeals | 05/11/00 | |
| Mirage Casino vs. J. Roger Pearsall
W1999-01543-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Kay S. Robilio |
Shelby County | Court of Appeals | 05/11/00 | |
| State vs. Stanley Blackwood
W1999-01221-CCA-R3-CD
A Madison County Grand Jury indicted the defendant, Stanley Blackwood, for one count of first-degree murder, three counts of attempted first-degree murder, five counts of aggravated assault, two counts of reckless endangerment and one count of aggravated burglary. Following a trial, a jury convicted the defendant on all counts, and the trial court imposed an effective sentence of life plus twenty-two (22) years incarceration. On appeal, the defendant contends (1) that the evidence was insufficient to sustain all of the convictions; (2) that the trial court erroneously instructed the jury; (3) that the trial court erroneously refused to admit results of a polygraph examination; (4) that the trial court should have merged two counts of aggravated assault with two counts of attempted first-degree murder; and (5) that the defendant's sentence was excessive. After a thorough review of the record, we affirm the judgment of the trial court.
Authoring Judge: Judge Jerry Smith
Originating Judge:John Franklin Murchison |
Madison County | Court of Criminal Appeals | 05/10/00 | |
| State vs. Floyd Perry
W1999-01715-CCA-R3-CD
The defendant and appellant, Floyd Lee Perry, Jr., was indicted by an Obion County Grand Jury for first-degree murder, first-degree murder in the perpetration of a robbery, and especially aggravated robbery. Following a jury trial, the defendant was convicted of first-degree murder in the perpetration of a robbery, especially aggravated robbery, and second-degree murder (as a lesser included offense of first-degree murder). The trial court merged the second-degree murder conviction into the first-degree felony murder conviction and, following a sentencing hearing, sentenced the defendant to life imprisonment for felony murder and twenty-three (23) years for especially aggravated robbery. The court ordered the sentences to be served concurrently. On appeal, the appellant claims (1) that the evidence was insufficient to support his convictions, and (2) that the trial court erred by allowing the state to introduce prejudicial autopsy photographs in evidence. After a thorough review of the record, we affirm the judgment of the trial court.
Authoring Judge: Judge Jerry Smith
Originating Judge:William B. Acree |
Obion County | Court of Criminal Appeals | 05/10/00 | |
| Mack Brown vs. Dwight W. Ogle, et al
E1999-02513-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:W. Dale Young |
Sevier County | Court of Appeals | 05/10/00 | |
| Judy F. Barnett v. Nn Ball & Roller, Inc. and Wasau Insurance Companies
03S01-9811-CH-00133
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The appeal has been perfected by the employee, Judy F. Barnett, from the action of the trial court in awarding her 65% permanent partial disability to the body as a whole. On appeal the employee insists the award of disability is not sufficient and that her disability should be fixed at 1%. Mrs. Barnett was 43 years of age and is a high school graduate. She had taken a drafting course but never used it. She said she had also taken a basic computer concepts course and a typing course. Her prior work experience was in a sewing factory and a grocery store. She began work for defendant, NN Ball & Roller, Inc., in 1984 and at the time in question, she was employed as an inspector of steel bearings. In 199-91 she testified she had an allergy reaction after being out in the sun (not work- related) for some period of time and it had been diagnosed as photodermatitis. The inspector position required her to examine steel bearings on an assembly line passing in front of her. She said that prior to this inspection, the production process involved cleaning the bearings with kerosene in order to cut off grease and that after a ball wash, the bearings were dipped in pack oil. She said that as the process operated there was a strong odor which settled in her hair and clothing. She testified she began having problems in 1993 and that it continued throughout her employment. Her problems were shortness of breath, swollen eyes, sores in her nose, ears peeling, earaches, upset stomach and headaches. She worked until June 2, 1997 and stopped working on her doctor's advise. During the course of her employment, the employer attempted to accommodate her medical problems by improving the ventilation, changing her job and other efforts which did not greatly improve her condition and she was eventually terminated on January 8, 1998 because the company could not comply with her medical restrictions. Causation of injury is not an issue. Material Safety Data Sheets were introduced into evidence. The manufacturer of the pack oil warned it could cause 2
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. Thomas J. Seeley, Jr., |
Knox County | Workers Compensation Panel | 05/10/00 | |
| City of Brentwood v.Metro Zoning Appeals
M2002-00514-COA-R3-CV
This appeal involves the efforts of the City of Brentwood to stop the construction of a billboard located in Davidson County. After Nashville's zoning administrator granted a building permit for the billboard, the City of Brentwood appealed to the Metropolitan Board of Zoning Appeals. When the Board affirmed the building permit, the City of Brentwood and four neighboring property owners filed a petition for common-law writ of certiorari in the Chancery Court for Davidson County seeking judicial review of the Board's decision. The trial court granted the motions to dismiss filed by the Board and the owner of the billboard on the ground that the City of Brentwood and the individual property owners lacked standing. We have determined that the trial court erred by determining that the City of Brentwood and its public officials lacked standing to seek judicial review of the Board's decision.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 05/10/00 | |
| David D. Cox v. State of Tennessee
W2007-01591-CCA-R3-HC
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Joseph H. Walker, III |
Lauderdale County | Court of Criminal Appeals | 05/10/00 | |
| Harold Russom vs. Philip McClore
W1999-02215-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:D'Army Bailey |
Shelby County | Court of Appeals | 05/10/00 | |
| Crestin Burke, et vs. James Monty Burke, et al
E1999-02481-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Billy Joe White |
Scott County | Court of Appeals | 05/10/00 | |
| Lamar C. Pell, v. The City of Chattanooga, et al.
E1999-01712-COA-R3-CV
Plaintiff’s residential property in Hamilton County was sold for delinquent property taxes after default judgment was entered against Plaintiff, the property owner. Plaintiff brought suit against the subsequent tax sale purchaser, and others, to set aside the default judgment and sale, asserting process had not been served properly on him in the delinquent tax suit. The Trial Court found that certified mail return receipts signed by Plaintiff’s wife were sufficient proof of service under T.R.C.P. 4.04(10) and T.C.A. § 67-5-2415(e)(1), and granted summary judgment to the tax sale purchaser of the property and the other Defendants. Plaintiff argues on appeal that he was not served properly with process, first arguing that he was not served at all and then arguing that the statutory service procedure relied upon by the Trial Court violates due process. The judgment of the Trial Court is affirmed.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Chancellor Howell N. Peoples |
Hamilton County | Court of Appeals | 05/09/00 | |
| Komatsu America Hamilton County International Company and Travelers Property Casualty v. Mark A. Cash
03S01-9905-CV-00051
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The defendant employee, Mark A. Cash, appeals the judgment of the trial court and asserts as error the following: (1) the failure to award any permanent disability, (2) the assessment of court costs against the defendant, (3) the failure to award the defendant his costs to prosecute the action, (4) the granting of the motion in limine, (5) the failure to give the defendant the presumption of T.C.A. _ 5-6-116 and (6) the plaintiff's defense should be disallowed because of the provision of T.C.A. _ 5-6-25(d)(1). We conclude that all of the foregoing are without merit and affirm the judgment of the trial court. The defendant was born March 26, 1964. He graduated from high school and completed a welding class. His work history consists of working for the Marion County Sheriff's Department; Tennol, a gasohol plant; Concrete Emporium; Chattanooga Corporation; and the plaintiff employer, Komatsu America International Company where he went to work on a regular, rather than a temporary, basis in November 1989. His work over the years has been primarily as a welder. The defendant began to have problems with his left shoulder area in 1992 or 1993. Prior to March 15, 1998, the date of the incident at work, the defendant had been examined and treated for his left shoulder problems by several doctors. On August 18, 1997, he had left shoulder surgery, consisting of an anterior inferior acromioplasty, which was a decompression of the AC joint resection and an inspection of his rotator cuff. His post operative diagnosis was stage II impingement, AC joint arthrosis. He continued to have left shoulder area problem and underwent another surgical procedure on December 1, 1997, which released his levator scapula and curetted the medial border of the scapula. His postoperative diagnosis was chronic levator scapulae syndrome. None of the defendant's shoulder problems at this point were work related. 2
Authoring Judge: H. David Cate, Special Judg
Originating Judge:Hon. L. Marie Williams, |
Knox County | Workers Compensation Panel | 05/09/00 | |
| Ellen Patty Seiber v. Town of Oliver Springs
E1999-01228-COA-R3-CV
The plaintiff, a mid-level executive of the Town of Oliver Springs, “borrowed” various sums of money from a citizen of the Town over a three-year period which she repaid with sexual favors. When this activity came to light she was fired by the Mayor and City Administrator. Her suit, claiming breach of contract and discriminatory employment practices, was dismissed on motion for summary judgment. This appeal resulted. We affirm the judgment of the Trial Court. Tenn. R. App. P. 3 Appeal as of right; Judgment of the Circuit Court Affirmed
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Russell E. Simmons, Jr. |
Roane County | Court of Appeals | 05/08/00 | |
| Richard W. Beckwith-Adams v. State of Tennessee
M1999-00041-WC-R3-CV
This case is before the Court upon the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference. Whereupon, it appears to the Court that the Memorandum Opinion of the Panel should be accepted and approved; and It is, therefore, ordered that the Panel's findings of fact and conclusions of law are adopted and affirmed, and the decision of the Panel is made the judgment of the Court. Costs will be paid by appellant, for which execution may issue if necessary.
Authoring Judge: Per Curiam
|
Workers Compensation Panel | 05/08/00 | ||
| Ellen Patty Seiber v. Town of Oliver Springs - Concurring
E1999-01228-COA-R3-CV
Judge Franks.
Authoring Judge: Judge Hershel Pickens Franks
Originating Judge:Judge Russell E. Simmons, Jr. |
Roane County | Court of Appeals | 05/08/00 | |
| Anita Chapman v. E-Z Serve Petroleum Marketing
M1999-00441-WC-R3-CV
Hamilton V. Gayden, Jr., Special Judge
Authoring Judge: Honorable Clara Byrd, Judge
Originating Judge:Wilson |
Wilson County | Workers Compensation Panel | 05/08/00 |