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| Collier vs. State
03C01-9710-CR-00464
|
Morgan County | Court of Criminal Appeals | 08/14/98 | |
| State vs. Padgett
03C01-9704-CR-00138
|
Hamilton County | Court of Criminal Appeals | 08/14/98 | |
| State vs. O'Malley
03C01-9704-CC-00119
|
Blount County | Court of Criminal Appeals | 08/14/98 | |
| State vs. Brian Hunter
02C01-9708-CR-00309
Originating Judge:W. Fred Axley |
Shelby County | Court of Criminal Appeals | 08/14/98 | |
| State vs. Brian Hunter
02C01-9708-CR-00309
Originating Judge:W. Fred Axley |
Shelby County | Court of Criminal Appeals | 08/14/98 | |
| State vs. Anthony Richardson
02C01-9605-CR-00140
Originating Judge:Chris B. Craft |
Shelby County | Court of Criminal Appeals | 08/13/98 | |
| State vs. Derrick Means
02C01-9707-CR-00248
Originating Judge:John P. Colton, Jr. |
Shelby County | Court of Criminal Appeals | 08/13/98 | |
| State vs. William Parker
02C01-9711-CC-00432
|
Henry County | Court of Criminal Appeals | 08/13/98 | |
| Tipton vs. Burr & Blue Ridge Drilling
01A01-9707-CH-00363
Originating Judge:Billy Joe White |
Fentress County | Court of Appeals | 08/12/98 | |
| Planned Parenthood Association vs. McWherter
01A01-9601-CV-00052
Originating Judge:Henry F. Todd |
Court of Appeals | 08/12/98 | ||
| State vs. Gary Prude
02C01-9711-CR-00425
|
Shelby County | Court of Criminal Appeals | 08/12/98 | |
| Tanya Tucker, et al vs. Capitol Records, Inc.
M2000-01765-COA-R3-CV
Authoring Judge: Judge William B. Cain
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 08/12/98 | |
| State vs. Robert Taylor
02C01-9805-CC-00161
|
Haywood County | Court of Criminal Appeals | 08/12/98 | |
| Linda L. Mires v. David Clay and Bill Hayes, et al.
02A01-9707-CV-00172
This case involves the violation of the Tennessee Consumer Protection Act (TCPA) in connection with a breach of a residential construction contract. Defendant, Bill Hayes, appeals the judgment of the trial court on a jury verdict awarding plaintiff, Linda Mires, $5,000.00 for 1Rufus and Linda Mires filed the original suit in April 1995 but took a voluntary nonsuit. Mr. Mires died after the suit was refiled, so Mrs. Mires amended the complaint to list herself as plaintiff, individually, and as the executrix of the estate of Rufus Mires. Since Mr. Mires was alive throughout the events that precipitated this suit, we use the plural “plaintiffs” throughout this opinion. 2 violation of TCPA and the trial court’s order awarding plaintiff $5,907.50 in attorney fees and expenses.
Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Judge Bill Acree |
Weakley County | Court of Appeals | 08/12/98 | |
| State vs. Michael Martin
02C01-9804-CC-00101
|
Lake County | Court of Criminal Appeals | 08/12/98 | |
| State vs. James Nichols
01C01-9704-CR-00158
Originating Judge:Thomas H. Shriver |
Davidson County | Court of Criminal Appeals | 08/12/98 | |
| West vs. Luna
01A01-9707-CH-00281
Originating Judge:Tyrus H. Cobb |
Lincoln County | Court of Appeals | 08/12/98 | |
| Wachtel vs. Western Sizzlin Corp.
01A01-9708-CH-00396
Originating Judge:Ben H. Cantrell |
Court of Appeals | 08/12/98 | ||
| Address The Parole Eligibility Jury Instruction. In State v. King, ____ S.W.2D ____
01C01-9704-CC-00158
Originating Judge:Thomas H. Shriver |
Davidson County | Court of Criminal Appeals | 08/12/98 | |
| Williamson Co. Broadcasting vs. Intermedia Partners
01A01-9709-CH-00480
Originating Judge:Carol L. Mccoy |
Williamson County | Court of Appeals | 08/12/98 | |
| State vs. Franklin
03C01-9706-CR-00219
Originating Judge:Leon C. Burns, Jr. |
Cumberland County | Court of Criminal Appeals | 08/10/98 | |
| Jacob E. Carter v. Lumbermen's Underwriting
03S01-9610-CH-00095
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 issues raised on appeal are: whether the evidence preponderates against the finding by the trial judge that the plaintiff is permanently and totally disabled; whether the trial court erred in apportioning the liability of the insurer at 25 percent and of the Second Injury Fund at 75 percent; and whether the trial court erred in limiting the insurer's liability to 25 percent of 4 weeks and imposing liability on the Second Injury Fund for the remainder of the weeks until the plaintiff reaches age 65. We affirm the findings of the trial court that the plaintiff is permanently and totally disabled and that the apportionment of this liability is on the basis of 25 percent to the insurer and 75 percent to the Second Injury Fund. We modify the apportionment of the liability at 25 percent of 4 weeks to the insurer and the remaining liability to the Second Injury Fund. We apportion the award in accordance with the holding of the Supreme Court in Bomely v. Mid-American Corp., ___ S.W.2d ___ (Tenn. 1998). The plaintiff has an extensive medical history as demonstrated by the medical evidence in this case, which consists of the depositions of five physicians, the report of physician, and the appearance of two physicians at trial. Additionally, the medical records of one physician were introduced by the Second Injury Fund. The medical evidence consists of physical evaluations and treatment, as well as a psychiatric evaluation. The plaintiff also presented a vocational expert's testimony at trial. 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. Frederick D. Mcdonald, |
Carter County | Workers Compensation Panel | 08/10/98 | |
| State vs. Don Carter
02C01-9711-CC-00424
|
McNairy County | Court of Criminal Appeals | 08/10/98 | |
| State vs. Ramsey
03C01-9708-CR-00361
Originating Judge:Phyllis H. Miller |
Sullivan County | Court of Criminal Appeals | 08/10/98 | |
| Ancro Finance vs. Consumers Ins.
02A01-9708-CV-00177
Originating Judge:Robert L. Childers |
Shelby County | Court of Appeals | 08/10/98 |