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| Brookridge Apartments., Ltd. v. Universal Constructors, Inc., et al. - Concurring
01A01-9709-CV-00523
Plaintiff appeals to this Court on the refusal by the Trial Judge to grant plaintiff relief pursuant to Tennessee Rules of Procedure, 60.02(1). The underlying action was dismissed on July 23, 1996 by the Trial Judge “for want of prosecution.” On July 18, 1997, plaintiff filed a motion to set aside the judgment pursuant to Rule 60, T.R.C.P. on the ground the judgment was entered because of mistake, inadvertence, and excusable neglect. The motion explained that the plaintiffs “former counsel William J. Hart, did not receive notice from the Court that the case would be dismissed for lack of prosecution pursuant to local Rule 37.02.”
Authoring Judge: Judge Herschel P. Franks
Originating Judge:Judge Barbara N. Haynes |
Davidson County | Court of Appeals | 08/05/98 | |
| Heather Alicia Roach Thomson v. Patrick James Thomson - Concurring
03A01-9705-CH-00165
This is an appeal from a post-divorce proceeding wherein the appellant sought a change in custody of the parties minor child on the grounds that there had been a material change of circumstances justifying such a change. The trial court dismissed the complaint and this appeal resulted. We affirm the judgment of the trial court.
Authoring Judge: Judge Don T. McMurray
Originating Judge:Chancellor Billy Joe White |
Union County | Court of Appeals | 08/04/98 | |
| Jason Rains, Crystal L. Carney, and Kathy Carney v. Edwin Scott Sussdorff,III, a/k/a/ Ed Sussdorff, Vicky R. Sussdorff, E. Scott Sussdorff and Allstate Insurance Company - Concurring
03A01-9801-CV-00025
While riding as passengers in an automobile owned by defendant and driven by a close friend of defendant’s son, the intervening plaintiff was seriously injured in a one-car accident when the driver apparently fell asleep at the wheel. The passenger intervened in the driver’s petition and alleged that the vehicle had been driven with the express or implied permission of its owner and sought a declaratory judgment that his insurer was therefore liable for her injuries. The trial court found the driver did not have such permission and dismissed intervenor’s petition, and she appeals.
Authoring Judge: Judge William H. Inman
Originating Judge:Judge W. Neil Thomas, III |
Hamilton County | Court of Appeals | 08/04/98 | |
| James G. Cooper v. Asarco, Inc.
03S01-9709-CV-00114
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. section 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The employer contends the award of permanent partial disability benefits based on seventy-five percent to the leg is excessive. As discussed below, the panel has concluded the award should be affirmed. The employee or claimant, Cooper, is sixty-one years old and has a fourth grade education, but cannot read. He has worked as garbage collector, laborer and welder. He suffered a compensable knee injury on January 19, 1995, but continued to work with pain and swelling until April of the same year when he consulted an orthopedic surgeon. When the pain and swelling persisted, the surgeon performed arthroscopic surgery and diagnosed mild spurring and joint effusion superimposed on degenerative arthritis. The claimant was returned to work with permanent restrictions. The employer has made accommodations and the claimant has returned to work with restrictions and limitations. The trial judge found the claimant entitled to permanent partial disability benefits based on seventy-five percent to the injured leg. Appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. section 5-6-225(e)(2). Conclusions of law are subject to de novo review on appeal without any presumption of correctness. Presley v. Bennett, 86 S.W.2d 857 (Tenn. 1993). Where the trial judge has seen and heard the witnesses, especially if issues of credibility and weight to be given oral testimony are involved, considerable deference must be accorded those circumstances on review. Kellerman v. Food Lion, Inc., 929 S.W.2d 333 (Tenn. 1996). The appellate tribunal, however, is as well situated to gauge the weight, worth and significance of deposition testimony as the trial judge. Orman v. Williams Sonoma, Inc., 83 S.W.2d 672 (Tenn. 1991). Once the causation and permanency of an injury have been established by expert testimony, the trial judge may consider many pertinent factors, including age, job skills, education, training, duration of disability, and
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Rex Henry Ogle, |
Knox County | Workers Compensation Panel | 08/03/98 | |
| Ashe vs. Radiation Oncology Associates
01A01-9710-CV-00563
Originating Judge:Henry F. Todd |
Court of Appeals | 07/31/98 | ||
| Angela Hogan vs. Rex Reese and Sonya M. Reese
01A01-9801-CV-00023
Originating Judge:Thomas Goodall |
Sumner County | Court of Appeals | 07/31/98 | |
| State vs. Mario Bowser
02C01-9803-CR-00093
Originating Judge:Carolyn Wade Blackett |
Shelby County | Court of Criminal Appeals | 07/31/98 | |
| Edward Traughber, et al. vs. Kelly A. Kress, et al.
01A01-9709-CV-00525
Originating Judge:James E. Walton |
Montgomery County | Court of Appeals | 07/31/98 | |
| State vs. Quentin Hall
02C01-9802-CR-00040
|
Shelby County | Court of Criminal Appeals | 07/31/98 | |
| State vs. Tammy Elliott
02C01-9803-CC-00070
|
Hardin County | Court of Criminal Appeals | 07/31/98 | |
| State vs. Jeffrey Pewitt
01C01-9706-CR-00202
Originating Judge:Thomas H. Shriver |
Davidson County | Court of Criminal Appeals | 07/31/98 | |
| Donald Davis vs. Sumner County Sheriff, J. D. Vandercook, et al.
01A01-9712-CV-00696
Originating Judge:Thomas Goodall |
Sumner County | Court of Appeals | 07/31/98 | |
| Hartsville Hospital, Inc. vs. The National Bank & Trust Co.
01A01-9801-CH-00022
Originating Judge:C. K. Smith |
Trousdale County | Court of Appeals | 07/31/98 | |
| Donald Zseltvay vs. Metropolitan Government
01A01-9710-CV-00587
Originating Judge:Hamilton V. Gayden, Jr. |
Davidson County | Court of Appeals | 07/31/98 | |
| State vs. Burl Jarrett
02C01-9710-CC-00418
|
Hardeman County | Court of Criminal Appeals | 07/31/98 | |
| 03A01-9708-CV-0365
03A01-9708-CV-0365
Originating Judge:Wheeler A. Rosenbalm |
Knox County | Court of Appeals | 07/31/98 | |
| The CIT Group/Sales Financing vs. Leslie Williams
02A01-9706-CH-00120
Originating Judge:Joe C. Morris |
Madison County | Court of Appeals | 07/31/98 | |
| State vs. Shirley Davis
W2000-00084-CCA-R3-CD
On December 3, 1998, a Shelby County Grand Jury indicted Shirley Davis, the Defendant and Appellant, for aggravated robbery. Following a jury trial, the Defendant was convicted as charged. After a subsequent sentencing hearing, the trial court sentenced the Defendant to serve nine years incarceration. On appeal, the Defendant claims that the trial court erroneously enhanced her sentence. Although we find that the trial court erroneously applied a statutory enhancing factor, our de novo review reveals the existence of an applicable enhancing factor that was not applied by the trial court. This enhancement factor amply justifies the sentence imposed. Accordingly, we affirm the trial court's judgment.
Authoring Judge: Judge Jerry Smith
Originating Judge:Carolyn Wade Blackett |
Shelby County | Court of Criminal Appeals | 07/31/98 | |
| State vs. Craig Hazlett
01C01-9708-CC-00321
Originating Judge:W. Charles Lee |
Marshall County | Court of Criminal Appeals | 07/31/98 | |
| Renaissance vs. Billbury
03A01-9710-CH-00462
|
Court of Appeals | 07/31/98 | ||
| Conviction Was Affirmed By This Court. State v. Clonte J. Thomas, C.C.A. No.
02C01-9804-CR-00113
|
Shelby County | Court of Criminal Appeals | 07/31/98 | |
| Concrete Spaces, Inc., et al. vs. Henry Sender, et al.
01A01-9607-CH-00288
Originating Judge:Whitney Stegall |
Davidson County | Court of Appeals | 07/31/98 | |
| Ashe vs. Radiation Oncology Associates
01A01-9710-CV-00563
Originating Judge:Hamilton V. Gayden, Jr. |
Davidson County | Court of Appeals | 07/31/98 | |
| State vs. Latoya Anderson
02C01-9707-CR-00251
|
Shelby County | Court of Criminal Appeals | 07/31/98 | |
| Allstate vs. Daniel
03A01-9710-CV-00466
Originating Judge:Harold Wimberly |
Knox County | Court of Appeals | 07/31/98 |