APPELLATE COURT OPINIONS

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Roger P. Hogan, Fred C. Dance, and Music City Dust-Tex Service, Inc., v. Coyne International Enterprises Corp. D/B/A Coyne Textile Services

01A01-9712-CH-00733

This action is based on a series of contracts executed in the sale of an industrial dust control and laundry business. The Chancery Court of Davidson County dismissed the claims of the sellers, held that one of the sellers had breached one of the agreements but that the buyer had failed to prove its damages, and awarded the buyer attorneys’ fees. We reverse the dismissal of the sellers’ action and modify the award of attorneys’ fees.

Authoring Judge: Presiding Judge Ben H. Cantrell
Originating Judge:Chancellor Ellen Hobbs Lyle
Davidson County Court of Appeals 12/02/98
Mary M. Pawlakos v. Laurie Watson Pawlakos

01A01-9708-CH-00443

Respondent Laurie Watson Pawlakos (the Wife) appeals the trial court’s order requiring her to return certain funds to the estate of her deceased husband, John T. Pawlakos (the Decedent). For the reasons hereinafter stated, we affirm in part and reverse in part the trial court’s judgment.

Authoring Judge: Judge Alan E. Highers
Originating Judge:Chancellor Allen W. Wallace
Stewart County Court of Appeals 12/02/98
State of Tennessee v. Carolyn Strickland

01C01-9709-CR-00419

The Petitioner, Carolyn Strickland, appeals the order of the Jackson County Criminal Court dismissing her petition for post-conviction relief. In her sole issue on appeal, Petitioner argues she was incompetent to stand trial due to the medication she was taking during the trial and was, therefore , denied her right to due process and a fair trial. Petitioner was convicted of first degree murder and received a sentence of life imprisonment in the Jackson County Criminal Court. The conviction was affirmed on appeal. State v. Carolyn Strickland, No. 01C01-9212-CR-00390, Jackson County (Tenn. Crim. App., at Nashville, March 23, 1995), perm. to appeal denied, (Tenn. 1995). Following the denial of her permission to appeal, she filed a petition for post-conviction relief. In post-conviction proceedings, the pe titioner bears the burden of proving the allegations raised in the petition by clear and convincing evidence. Tenn. Code Ann. § 40-30-210(f). Moreover, the trial court’s findings of fact are conclusive on appeal unless the evidence preponderates against the judgment. Tidwell v. State, 922 S.W.2d 497, 500 (Tenn. 1996); Campbell v. State, 904 S.W.2d 594, 596 (Tenn. 1995); Cooper v. State, 849 S.W.2d 744, 746 (Tenn. 1993). As the evidence does not preponderate against the findings of the trial court, we affirm the trial court’s dismissal of the petition.

Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge J. O. Bond
Jackson County Court of Criminal Appeals 12/01/98
Donnie G. Smith v. Heritage Ford-Lincoln-Mercury, et al

01S01-9712-CV-00274
Authoring Judge: Per Curiam
Originating Judge:Hon. John A. Turnbull
Smith County Workers Compensation Panel 11/30/98
Linda Gerry v. Challenger Electrical Materials

01S01-9709-CH-00200
Authoring Judge: Per Curiam
Originating Judge:Hon. Tom
Sumner County Workers Compensation Panel 11/30/98
Margie Byers v. Calfee Company of Dalton, Inc.

01S01-9711-GS-00245
Authoring Judge: Per Curiam
Originating Judge:Hon. Barry Medley
Warren County Workers Compensation Panel 11/30/98
James Darvin Harvey v. Mueller Company

01S01-9804-CV-00073
Authoring Judge: Per Curiam
Originating Judge:Hon. Thomas W. Graham
Sequatchie County Workers Compensation Panel 11/30/98
Patricia Henley v. Ckr Industries, Inc.

01S01-9802-CH-00036
Authoring Judge: Per Curiam
Originating Judge:Hon. Jeffrey F. Stewart
Franklin County Workers Compensation Panel 11/30/98
State vs. Kessler

03C01-9710-CC-00462
Blount County Court of Criminal Appeals 11/30/98
Alvin Ralph Mann v. Ckr Industries, Inc.

01S01-9805-CH-00085
Authoring Judge: Per Curiam
Originating Judge:Hon. Jeffrey F. Stewart
Franklin County Workers Compensation Panel 11/30/98
Wright vs. State

03C01-9710-CR-00460

Originating Judge:Douglas A. Meyer
Hamilton County Court of Criminal Appeals 11/30/98
Creative Research Mgt, Inc. vs. Barry Soskin, et al

01A01-9808-CH-00016

Originating Judge:Ellen Hobbs Lyle
Davidson County Court of Appeals 11/25/98
Malcolm Mills, et al vs. Ken Hancock, Ind., et al

01A01-9803-CV-00162

Originating Judge:Hamilton V. Gayden, Jr.
Davidson County Court of Appeals 11/25/98
State vs. Alvin Robinson

02C01-9608-CR-00280
Shelby County Court of Criminal Appeals 11/25/98
Erma Little v. Royal Ins Co

01S01-9712-CH-00273
Authoring Judge: Per Curiam
Originating Judge:Hon. Jeffrey F. Stewart
Davidson County Workers Compensation Panel 11/25/98
State vs. Joe Ivy

02C01-9707-CR-00273

Originating Judge:W. Fred Axley
Shelby County Court of Criminal Appeals 11/25/98
Donald Major v. Lincoln Brass Works

01S01-9802-CH-00021
Authoring Judge: Per Curiam
Originating Judge:Hon. James L. Weatherford,
Wayne County Workers Compensation Panel 11/25/98
Monroe E. Davis vs. Donal Campbell, et al

01A01-9712-CH-00755

Originating Judge:Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 11/25/98
State Farm vs. John White

02A01-9802-CV-00044

Originating Judge:George H. Brown
Shelby County Court of Appeals 11/24/98
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Court of Appeals 11/24/98
03A01-9803-CH-

03A01-9803-CH-
Hamblen County Court of Appeals 11/24/98
State vs. Tyrone Sain

02C01-9710-CC-00379
Hardeman County Court of Criminal Appeals 11/24/98
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Knox County Court of Appeals 11/24/98
Maples Homeowners Assoc., Inc. vs. T & R Nashville LP

01A01-9608-CH-00368

Originating Judge:Thomas E. Gray
Sumner County Court of Appeals 11/24/98
Amy Tyler vs. Larry Morgan, d/b/a Larry Morgan Const. Co. et al

01A01-9711-CV-00661

Originating Judge:Cornelia A. Clark
Williamson County Court of Appeals 11/24/98