Please enter some keywords to search.
| Susan Hoefler vs. Paul Hoefler
M1998-00966-COA-R3-CV
This appeal involves a dispute over a provision in a marital dissolution agreement in which the parties agreed to enroll their children in parochial school. The non-custodial parent declined to pay for the parties' younger child's private school expenses after the custodial parent unilaterally withdrew the child from parochial school and enrolled him in another private school. When the non-custodial parent filed a petition in the Circuit Court for Davidson County to terminate his child support because his younger child had reached the age of majority, the custodial parent insisted that he should reimburse her for nearly $23,800 in expenses she had incurred to send the child to private school. The trial court, relying on the terms of the marital dissolution agreement, declined to order the non-custodial parent to reimburse the custodial parent for these expenses. On this appeal, the custodial parent asserts that the non-custodial parent waived his opportunity to object to her choice of schools for the parties' son and should be estopped to deny his responsibility for these educational expenses. She also requests this court to grant a retroactive upward deviation from the child support the non-custodial spouse had been paying. We affirm the trial court.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 10/12/99 | |
| Daniel L. Sanders vs. State
01C01-9712-CC-00586
|
Robertson County | Court of Criminal Appeals | 10/12/99 | |
| 0A01-9901-CH-00030
0A01-9901-CH-00030
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 10/12/99 | |
| Waddell Gray v. United Parcel Services, Inc., et al
02S01-9808-CV-00081
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. Review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the findings, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2); Stone v. City of McMinnville, 896 S.W.2d 548, 55 (Tenn. 1995). The application of this standard requires this Court to weigh in more depth the factual findings and conclusions of the trial court in a workers' compensation case. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). The trial court found that the plaintiff sustained compensable injuries in July 1996 and was entitled to vocational disability awards of 2 percent to the body as a whole and 1 percent to each arm. The defendants present the following issue on appeal: "Did the trial court err in awarding the Plaintiff 2% impairment to the body as a whole and a 1% impairment to the right arm and 1% impairment to the left arm?" We modify the case and fix the permanent vocational disability based on the total injuries to the body as a whole in accordance with Tenn. Code Ann. _ 5- 6- 27(3)(C) at 3%. BACKGROUND At the time of trial, the plaintiff was 53 years of age and had been employed by UPS as a feeder driver for the past 29 years. Prior to that, he worked at Owens Illinois, a corrugated box company. He attended college for three years and served in the U.S. Marine Corps for six years. Prior to the injury in this case, he was in good health and had no pain that prevented him from performing any activities. As a feeder driver, the plaintiff was required to drive and deliver packages to various destinations. His job specifically involved coupling and uncoupling trailers. He explained that he would connect or disconnect trailers by using a dolly that weighed between 15-17 pounds. Mr. Carl McVay, the plaintiff's manager, 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. Kay S. Robilio, |
Shelby County | Workers Compensation Panel | 10/12/99 | |
| 01C01-9808-CR-00322
01C01-9808-CR-00322
Originating Judge:Steve R. Dozier |
Davidson County | Court of Criminal Appeals | 10/12/99 | |
| Richard Waline vs. State
01C01-9805-CR-00199
Originating Judge:Seth W. Norman |
Davidson County | Court of Criminal Appeals | 10/12/99 | |
| State vs. David E. Hancock
03C01-9808-CR-00278
Originating Judge:James E. Beckner |
Hamblen County | Court of Criminal Appeals | 10/12/99 | |
| State v. Erica Hartwell
W2001-03116-CCA-R3-CO
In this appeal the appellant, Erica J. Hartwell, contends that the Circuit Court of Tipton County, Tennessee, erred in denying her a writ of certiorari to review and vacate the orders of the Tipton County General Sessions Court revoking the appellant's probation. She maintains that the general sessions court conducted the probation revocation hearing without proper notice and without informing her of her right to an attorney at the hearing and her right to appeal. We hold that under the circumstances the writ of certiorari is not available. The judgment of the circuit court is therefore affirmed.
Authoring Judge: Judge Jerry Smith
Originating Judge:Joseph H. Walker, III |
Tipton County | Court of Criminal Appeals | 10/12/99 | |
| State vs. Schmitz
01A01-9810-JV-00556
Originating Judge:Alfred L. Nations |
Williamson County | Court of Appeals | 10/12/99 | |
| Marie Hawks v. Michael Greene, Comm. Dept of Safety
M1999-02785-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 10/12/99 | |
| State vs. Michael Cardenas
W2001-01123-CCA-R3-PC
The appellant, Michael Brian Cardenas, appeals from the order of the Chester County Circuit Court denying his petition for post-conviction relief. On appeal, the appellant argues that his guilty plea was involuntary because "he was denied the effective assistance of counsel at the trial level." In the appellant's brief, he raises four general areas of ineffectiveness: (1) his attorney failed to investigate, prepare or present a defense to charges against him; (2) counsel failed to file a motion to suppress the statement that appellant had provided to arresting authorities; (3) counsel failed to file a motion for change of venue; and (4) potential character witnesses were never interviewed to determine whether their testimony could be used during the trial. We find this argument without merit. The judgment of the post-conviction court is affirmed pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals.
Authoring Judge: Judge David G. Hayes
|
Chester County | Court of Criminal Appeals | 10/12/99 | |
| State vs. James E. Frazier
01C01-9801-CC-00036
Originating Judge:J. S. Daniel |
Cannon County | Court of Criminal Appeals | 10/12/99 | |
| State vs. Jason Kennedy Frazier
01C01-9812-CC-00484
|
Bedford County | Court of Criminal Appeals | 10/12/99 | |
| Marie Hawks v. Michael Greene, Comm. Dept of Safety
M1999-02785-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 10/12/99 | |
| John Darren Welker v. Bridgestone/Firestone
01S01-9810-CH-00192
Authoring Judge: Hamilton V. Gayden, Jr., Special Judge
Originating Judge:Hon. Robert E. Corlew |
Davidson County | Workers Compensation Panel | 10/11/99 | |
| Ricky Myers v. Carrier Corporation
01S01-9810-CH-00183
Authoring Judge: Hamilton V. Gayden, Jr., Special Judge
Originating Judge:Hon. Jefferey Stewart |
Grundy County | Workers Compensation Panel | 10/11/99 | |
| Jody Maynard Falk v. Saturn Corp.
01S01-9805-CH-00105
Authoring Judge: Per Curiam
Originating Judge:Hon. William B. Cain |
Maury County | Workers Compensation Panel | 10/11/99 | |
| State vs. David Proffitt
03C01-9901-CR-00026
Originating Judge:Leon C. Burns, Jr. |
Cumberland County | Court of Criminal Appeals | 10/11/99 | |
| Monika Pelis v. Precision Printing & Packaging
01S01-9809-CH-00160
Authoring Judge: Henry Denmark Bell, Retired Judge
Originating Judge:Hon. Robert W. Wedemeyer |
Montgomery County | Workers Compensation Panel | 10/11/99 | |
| Timothy Gene Green v. Lumbermen's Underwriting Alliance & Fleetwood
01S01-9806-CV-00113
Authoring Judge: Henry Denmark Bell, Retired Judge
Originating Judge:Hon. Bobb Y Capers |
Workers Compensation Panel | 10/11/99 | ||
| State vs. Danny Lynn Porter
03C01-9811-CR-00393
Originating Judge:E. Eugene Eblen |
Roane County | Court of Criminal Appeals | 10/11/99 | |
| Roger Lee Dailey v. Ez Loader Boat Trailers, et al
01S01-9805-CH-00101
Authoring Judge: Per Curiam
Originating Judge:Hon. Jeffrey Stewart |
Franklin County | Workers Compensation Panel | 10/11/99 | |
| James E. Rainey v. Micro Craft, Inc., et al
01S01-9805-CH-00106
Authoring Judge: Henry Denmark Bell, Retired Judge
|
Workers Compensation Panel | 10/11/99 | ||
| Allen Dale Jarvis v. Nissan Motor Mfg Corp.
01S01-9810-CH-00186
Authoring Judge: Henry Denmark Bell, Retired Judge
Originating Judge:Hon. James L . Weatherford |
Rutherford County | Workers Compensation Panel | 10/11/99 | |
| State of Tennessee v. Albert Dewaynn Porter - Concurring
02S01-9803-CC-000205
We granted this appeal to determine whether the common law "procuring agent defense" has been abolished by statute. We hold that the procuring agent defense was abolished by Tenn. Code Ann. §39-11-203 (e)(2) which expressly states that "[d]efenses available under common law are here by abolished." The trial court appropriately declined to instruct the jury on the procuring agent defense, and the defendant's conviction for selling a controlled substance was supported by the evidence.
Authoring Judge: Justice Janice M. Holder
Originating Judge:Judge C. Creed McGinley |
Hardin County | Supreme Court | 10/11/99 |