Guardsmark, Inc., v. Borg-Warner Protective Services, D/B/A Burns International Security Services
02A01-9409-CH-00207
This case involves restrictive employment covenants. The plaintiff and the defendant are both private security companies. The trial court granted the plaintiff a restraining order enjoining the defendant from inducing former employees to breach the restrictive covenants in other states, from misrepresenting facts concerning the enforceability of the covenants, or from litigating or assisting others in litigating in other states regarding the enforceability of the restrictive covenants. We affirm in part, reverse in part, and remand.
Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Chancellor C. Neal Small |
Shelby County | Court of Appeals | 11/04/98 | |
State of Tennessee vs. Cedrick Stampley
02C01-9707-CR-00288
The appellant, Cedric Stampley, appeals as of right the denial in the Shelby County Criminal Court of his petition for post-conviction relief. The trial court dismissed appellant’s pro se petition without the appointment of counsel and without an evidentiary hearing. On appeal, appellant argues that the trial court erred in summarily dismissing his petition. We affirm the judgment of the trial court.
Authoring Judge: Judge John P. Colton
Originating Judge:Judge William M. Barker |
Shelby County | Court of Criminal Appeals | 11/04/98 | |
Thomas Henry Campbell v. Ruth Caroline Campbell
02a01-9803-CH-00073
This appeal involves a motion to modify an alimony award. Appellant, Thomas Henry Campbell (Husband), appeals from the Chancellor’s order denying his motion to modify alim
Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Chancellor Floyd Peete, Jr. |
Shelby County | Court of Appeals | 11/04/98 | |
Regenia Ellison v. Cherri Ellison
02A01-9803-CH-00054
This appeal involves a petition for grandparent visitation filed by plaintiff, Regina Ellison, paternal grandmother of Garrett Ellison and Ethan Wayne Ellison, minor children of defendant, Cherri Ellison, and Terry Ellison, deceased. After an evidentiary hearing, the trial 2 court granted visitation. Cherri Ellison (Mother) has appealed and presents the following issues for review as stated in her brief:
Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Chancellor William Michael Maloan |
Obion County | Court of Appeals | 11/04/98 | |
State of Tennessee, ex rel., Deborah D. Willis v. Cecil Willis, Jr.
01A01-9804-JV-00175
This case involves the efforts of the State of Tennessee on relation of Deborah D. Willis, former wife of Cecil Willis, Jr., to obtain the revocation of a surrender executed by him surrendering his three children, Deborah May, Pamela R. and Andrew V. for adoption. The Juvenile Judge, who witnessed the surrenders, later entertained the petition to revoke and ordered the surrenders to be revoked. The respondent, Cecil Willis, Jr., has appealed to this Court, presenting the following issue: I. Whether a Trial Court has authority to revoke a “surrender of Child” by the natural father directly to the natural mother and stepfather almost four (4) years after its execution. Furthermore, whether a surrender simply becomes void after the passing of 120 days when an adoption has not yet occurred.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Judge William J. Campbell |
Fentress County | Court of Appeals | 11/03/98 | |
Virginia Lynn Woolsey, v. Douglas Harmon McPherson
02A01-9706-JV-00125
Plaintiff Virginia Lynn Woolsey appeals the trial court’s order removing Jennifer McPherson from her custody and placing the child in the custody of Defendant Douglas Harmon McPherson. McPherson appeals the trial court’s order requiring him to pay the $15,000 fee of the Guardian ad Litem. We affirm in all respects.
Authoring Judge: Judge David R. Farmer
Originating Judge:Judge A. V. McDowell |
Shelby County | Court of Appeals | 11/02/98 | |
Gary Charles Hill, v. Insurance Company of North America
03S01-9712-CH-00150
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. § 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law.
Authoring Judge: Special Judge Roger E. Thayer
Originating Judge:Chancellor Jeffrey F. Stewart |
Court of Appeals | 11/02/98 | ||
State of Tennessee vs. James Christopher Tatrow
03C01-9707-CR-00299
A jury in Cumberland County Criminal Court convicted the defendant, James Christopher Tatrow, of two counts of felony murder and two counts of especially aggravated kidnapping in the deaths of Roger Zammit and John Harry. The defendant was also convicted of two counts of premeditated and deliberate murder of the same victims. The trial court set aside those verdicts, however, as the thirteenth juror. See Tenn. R. Crim. P. 33 (f). In the sentencing phase, the jury declined to impose the death penalty or life without parole and sentenced the defendant to serve life sentences with the possibility of parole. At the conclusion of a sentencing hearing, the trial court ordered the defendant to serve two consecutive life sentences concurrently with sentences of 22 years for the kidnapping convictions. The defendant now challenges the validity of the convictions and the propriety of consecutive sentencing pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure.
Authoring Judge: Judge Curwood Witt
Originating Judge:Judge John A. Turnbull |
Cumberland County | Court of Criminal Appeals | 11/02/98 | |
Phyllis Renee Brown, v. Charles Chandler Brown, Sr. - Concurring
02A01-9709-CV-00228
I concur in the result reached by the majority opinion. However, I write separately to express my concern with the language on page 10 of that opinion which states that, “[i]n order to be compelling enough to warrant the dramatic remedy of changed custody, the change of circumstances must be such that ‘continuation of the adjudicated custody will substantially harm the child.’” I acknowledge that this language appears in Wall v. Wall, 907 S.W.2d 829, 834 (Tenn. App. 1995), an opinion of the middle section of this court. However, I further note that Wall cited Contreras v. Ward, 831 S.W.2d 288 (Tenn. App. 1991). Contreras was a parental relocation case which stated the long recognized rule that “the best interest and welfare of the child must be the primary focus of attention.” Contreras, 831 S.W.2d at 290. The court also cited with approval from Sartoph v. Sartoph, 354 A.2d 467, 473 (Md. Ct. Spec. App. 1976), wherein the Maryland Court of Special Appeals stated that “[t]he custody of children should not be disturbed unless there is some strong reason affecting the welfare of the child. To justify a change in custody, the change in conditions must have occurred which affects the welfare of the child and not that of the parents.”
Authoring Judge: Judge David R. Farmer
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Court of Appeals | 11/02/98 | ||
Melissa Cooper v. Xerox Corporation
02S01-9710-CH-00091
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 awarded the plaintiff ten percent permanent partial disability to the body as a whole, half of certain medical expenses, and discretionary costs. The defendant appeals and raises the following issues for our review: I. Whether or not the preponderance of the evidence supports the Trial Court's finding that the Plaintiff sustained a 1% permanent partial disability to the body as a whole as a result of this injury. II. Whether or not the preponderance of the evidence supports the Trial Court's award of _ of the medical expenses incurred by Plaintiff as a result of the medical expense of chiropractor Joseph Lipkowitz. III. Whether or not the Trial Court abused its discretion in awarding discretionary costs to Plaintiff in the above matter. We find that the award of ten percent is contrary to the weight of the evidence and that the judgment of the trial court should be reversed and dismissed. Because of this decision, we do not reach the last two issues on appeal.
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. Floyd Peete, |
Shelby County | Workers Compensation Panel | 11/02/98 | |
State of Tennessee vs. Jacob Meeks
02C01-9709-CC-00360
The defendant appeals from the dismissal of a petition for post-conviction relief, wherein he sought a delayed appeal from the judgment of the Court of Criminal Appeals, which affirmed his trial court conviction for “hindering a secured creditor,” to the Supreme Court.
Authoring Judge: Senior Judge John K. Byers
Originating Judge:Judge John Kerry Blackwood |
Fayette County | Court of Criminal Appeals | 11/02/98 | |
Deborah Williams v. Tecumseh Products Company
02S01-9702-CV-00012
The Special Workers’ Compensation Appeals Panel approved the trial court’s award of benefits to Deborah Williams, the plaintiff, who had suffered symptoms of carpal tunnel syndrome related to her employment as an assembly-line worker for Tecumseh Products Company, the defendant. At issue are the causation and permanency of the worker’s injuries and the payment of discretionary costs related to the deposition of an examining physician. For the reasons appearing below, we adopt the panel’s findings of fact and conclusions of law with respect to the issues of causation and permanency. Although we affirm the award of discretionary costs, we vacate the panel’s order invalidating certain local procedures of the Twenty-Fourth Judicial District.
Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:Judge C. Creed McGinley |
Henry County | Supreme Court | 11/02/98 | |
Kevin R. Wagner and Peggy A. Wagner, v. Tabor Construction, Inc. and John Tabor, D/B/A Tabor Construction Company
03A01-9805-CV-00159
The facts of this case are relative (sic) simple. The plaintiffs contracted to purchase a house from the defendant. When the house was complete, excepting some "punch list items" the parties entered into a second contract. By the terms of the second contract, the defendant was to place $5,000.00 in escrow with the monies to be used toward the completion of the "punch list items. Part of the work was compleed on the "punch list" items.
Authoring Judge: Judge Don T. McMurray
Originating Judge:Judge Wheeler Rosenbalm |
Court of Appeals | 11/02/98 | ||
Frizzell Construction, Inc., v. Gatlinburg, LLC.
03A01-9805-CH-00161
The facts of this case, as material to this appeal, are relatively simple. The parties entered into a contract for the construction of a hotel in Gatlinburg, Tennessee. The contract was a standard 2
Authoring Judge: Judge Don T. McMurray
Originating Judge:Chancellor Telford E. Fogarty, Jr. |
Sevier County | Court of Appeals | 11/02/98 | |
Phyllis Renee Brown, v. Charles Chandler Brown, Sr.
02A01-9709-CV-00228
Charles Chandler Brown, Sr., (Father), appeals the trial court's order denying his petition to modify the custody arrangement previously agreed to by the parties and set forth i their final divorce decree. For the reasons stated hereinafter, we affirm the trial court's judgment with certain modifications.
Authoring Judge: Judge Alan E. Highers
Originating Judge:Judge James F. Russell |
Court of Appeals | 11/02/98 | ||
Thomas Calvin Maney v. Tennessee Board of Paroles
X2010-0000-XX-X00-XX
A prisoner at the Lake County Regional Correctional Facility filed a Petition for Writ of Certiorari in the Circuit Court of Davidson County, claiming that the Board of Paroles had acted illegally in revoking his parole, and in refusing to recondiser the revocation. The circuit court granted summary judgment to the Board of Paroles. We affirm.
Authoring Judge: Judge Thomas W. Brothers
Originating Judge:Presiding Judge Ben H. Cantrell |
Davidson County | Court of Appeals | 10/30/98 | |
Sanjines vs. Sanjines
03A01-9808-CV-00253
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Court of Appeals | 10/30/98 | ||
State v. Larry Morris
01C01-9708-CC-00322
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Franklin County | Court of Criminal Appeals | 10/30/98 | |
Kennedy vs. Robson
01A01-9707-CV-00343
Originating Judge:Thomas Goodall |
Sumner County | Court of Appeals | 10/30/98 | |
Lescarbeau vs. Lescarbeau
03A01-9706-CV-00215
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Greene County | Court of Appeals | 10/30/98 | |
Moore vs. Moore
03A01-9708-CH-00382
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Court of Appeals | 10/30/98 | ||
State vs. Charles Madison Blackman, Jr.
01C01-9708-CC-00335
Originating Judge:J. S. Daniel |
Rutherford County | Court of Criminal Appeals | 10/30/98 | |
Caruthers vs. Caruthers
03A01-9712-PB-00539
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Cumberland County | Court of Appeals | 10/30/98 | |
Fowler vs. Bowie
03A01-9801-CV-00021
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Washington County | Court of Appeals | 10/30/98 | |
State vs. Royce Lane
02C01-9604-CC-00133
Originating Judge:Joe G. Riley. Jr. |
Dyer County | Court of Criminal Appeals | 10/30/98 |