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| State ex rel. Paula Buchanan v. Joseph Buchanan
M1998-00962-COA-R3-CV
This appeal involves a belated dispute over unpaid child and spousal support. After their divorce, the former spouses twice changed the custody arrangements and support obligation in their 1993 divorce decree without obtaining court approval. In 1998, a private Title IV-D contractor, acting on behalf of the State of Tennessee, filed suit in the Circuit Court for Davidson County seeking to collect $59,150 in unpaid child support and spousal support from the former husband. The trial court held that the former husband could not, as a matter of law, assert the defenses of laches, estoppel, or waiver against these claims, granted a $51,250 judgment against the former husband, and placed a judgment lien against the former husband's house. While the trial court correctly determined that the former husband could not assert equitable defenses with regard to the child support arrearage, the trial court erred by refusing to permit him to assert equitable defenses against the claim for unpaid spousal support. Accordingly, we vacate the portion of the judgment awarding the wife $29,150 for unpaid spousal support and remand the case for further proceedings.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 03/18/99 | |
| William Cuzick vs. Cavat Bass
02A01-9809-CV-00244
Originating Judge:Joseph H. Walker, III |
Tipton County | Court of Appeals | 03/18/99 | |
| Parnell Webb vs. Ned/Mary Poynter
02A01-9707-CV-00168
Originating Judge:Joseph H. Walker, III |
Lauderdale County | Court of Appeals | 03/18/99 | |
| James Michael Pitts vs. State
01C01-9803-CR-00130
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Criminal Appeals | 03/18/99 | |
| Nancy Knight vs. Henry Knight
02A01-9804-CH-00094
Originating Judge:John Walton West |
Carroll County | Court of Appeals | 03/18/99 | |
| Estate of Jones Bowden
02A01-9805-PB-00127
Originating Judge:Robert S. Benham |
Shelby County | Court of Appeals | 03/18/99 | |
| Kotouc v. Star Knitwear
03S01-9807-CH-00076
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. Th e p la in tiff in ju re d h is le ft a rm in a n in d u s tria l a c c id e n t o n A ugus t 4, 1995. He w as t r ea t ed by N ei l H . Spi t al ny, or t hopedi c s ur geon, w ho di agnos ed t he pr obl em as a par t i al bi ceps m uscl e t ear . C on ser vat i ve t r eat m ent w as r ecom m end ed, w hi ch e s sent i al l y i nv ol ved bri ef i m m ob i l i t y o f t he arm . F urt her tre a tm e n t w as in d ic a te d bec aus e t he pl ai nt i f f cont i nued t o com pl ai n of pai n on ro ta tio n of hi s ar m . E xam i nat i ons by ot her s pec i al i s t s convi nce d D r . Spi t al ny t hat th e p la in tiff w a s s u ff e rin g f r om a c om pr es s i on of an ul nar ner ve, fo r th e c o rr e c tio n of w hi ch he per f or m ed a s ur gi ca l r el ea s e on A ugus t 27, 1996. Th e s ur gi ca l pr oce dur e w as onl y pa r t i al l y s ucc essfu l. T h e p la in tiff cont i nued t o ex peri ence p ai n ca u se d by c ont r ac t i ons of m us cl e, w i t h s om e di s com f or t at t rib u ta b l e t o a c er vi ca l pr obl em unr el at ed t o t he A ugus t 4, 1995 pr obl em . He r eached m axi m um m edi ca l i m pr ovem ent on Febr uar y 7, 1997, w i t h a m e d ica l i m p a irm e n t ratin g o f ten p e rc e n t t o h is a rm . Th e C h a n c e ll o r fo u n d th a t t h e p lain ti ff h a d a d is a b ility " w ith in th e m e a n in g of t he w or ker s ' com pens a tio n la w " o f 7 5 p e rc e n t to h is le ft a rm . T h e e m p lo y e r ap p ea l s, in s is tin g th a t th e a w a rd o f 7 .5 tim e s th e im p a irm e n t ra tin g is ex ce ssi v e and is not s uppor t ed by t he pr oof . E m pl oye r al s o com pl ai ns t hat t he C hanc el l or f ound th a t D r. S p ita ln y d id n o t c o rr e c tly in te rp re t th e A M A G u id e lin e s and r el i ed upo n hi s per sonal anal ysi s of t he G u id e lin e s . Our 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 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. How E L L N. P E Op L E S |
Knox County | Workers Compensation Panel | 03/18/99 | |
| State vs. Jeffrey Edward Pitts
01C01-9701-CC-00003
|
Wayne County | Court of Criminal Appeals | 03/18/99 | |
| Thomas Harris vs. State
01C01-9709-CR-00423
Originating Judge:J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 03/17/99 | |
| State vs. Fredrick Neblett
01C01-9805-CR-00232
Originating Judge:Jane W. Wheatcraft |
Sumner County | Court of Criminal Appeals | 03/17/99 | |
| 01C01-9805-CC-00219
01C01-9805-CC-00219
Originating Judge:William Charles Lee |
Bedford County | Court of Criminal Appeals | 03/17/99 | |
| William L. Hatley, III, v. Joseph L. McDaniel
02A01-9806-CH-00162
This is a suit for specific performance of a real estate contract. Defendant, Joseph McDaniel, a.k.a. John O. Smith, appeals from the order of the trial court in favor of the Plaintiffs,
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Chancellor Walton West |
Benton County | Court of Appeals | 03/17/99 | |
| Randolph vs. Poteet
01A01-9808-JV-00419
Originating Judge:Nolan R. Goolsby |
Putnam County | Court of Appeals | 03/17/99 | |
| Randolph vs. Poteet
01A01-9808-JV-00419
|
Court of Appeals | 03/17/99 | ||
| John J. Villanueva, v. Tennessee Department of Correction
01A01-9803-CH-00143
This appeal involves a state prisoner's challenge to his continued incarceration. The prisoner contends that he is entitled to the benefit of the 1989 Sentencing Reform Act’s allegedly lesser sentence for the crime of which he was convicted, rather than the life sentence imposed upon him as a habitual offender at the time of his conviction in 1987. The trial court granted the Department's Motion for Summary Judgment dismissing the prisoner's petition. We affirm the trial court’s judgment.
Authoring Judge: Judge Patricia J. Cottrell
Originating Judge:Chancellor Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 03/17/99 | |
| Lynn/Rhonda Harris vs. Susan Thurmond
02A01-9803-CV-00074
Originating Judge:Jon Kerry Blackwood |
Shelby County | Court of Appeals | 03/17/99 | |
| In re: The Estate of Janet Gail Levine March, Absentee
01A01-9708-PB-00437
Originating Judge:Frank G. Clement, Jr. |
Davidson County | Court of Appeals | 03/17/99 | |
| Coleman vs. State
01A01-9805-BC-00239
Originating Judge:William B. Cain |
Davidson County | Court of Appeals | 03/17/99 | |
| State vs. Clifton Wallen
03C01-9710-CC-00461
Originating Judge:James E. Beckner |
Hawkins County | Court of Criminal Appeals | 03/17/99 | |
| Linda Lee vs. Vincent Askew
02A01-9805-JV-00133
Originating Judge:A. V. Mcdowell |
Shelby County | Court of Appeals | 03/17/99 | |
| Roy Howard vs. State
03C01-9802-CC-00079
|
Anderson County | Court of Criminal Appeals | 03/17/99 | |
| Gregory Hill vs. City of Germantown, TN
02A01-9803-CV-00078
Originating Judge:Robert L. Childers |
Shelby County | Court of Appeals | 03/17/99 | |
| State vs. Lonnie Cannon
03C01-9801-CR-00005
|
Knox County | Court of Criminal Appeals | 03/17/99 | |
| Larry E. Davis vs. State
01C01-9803-CR-00119
|
Davidson County | Court of Criminal Appeals | 03/17/99 | |
| State vs. Reginald Johnson
03C01-9801-CC-00006
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 03/17/99 |