| William P. Williams, v. Wanda C. Williams
01A01-9711-CH-00679
This is a child support case. The Chancery Court of Wilson County set the mother’s obligation of support at $723.00 per month. The mother appeals and asserts that the evidence preponderates against the trial court’s finding. We affirm the judgment below.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Chancellor C. K. Smith |
Wilson County | Court of Appeals | 07/01/98 | |
| Charles F. Gaulden, and Wife, Ruth S. Gaulden, v. Robert L. Scruggs, and Wife, Joyce W. Scruggs
01A01-9708-CH-00417
The question in this case is whether a purchaser of mortgaged property, who pays off the mortgage, takes an assignment of the note and deed of trust, and subsequently releases the deed of trust, can then sue the original mortgagee on the note. The Chancery Court of Davidson County dismissed the action. We affirm.
Authoring Judge: Presiding Judge Ben H. Cantrell
Originating Judge:Chancellor Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 07/01/98 | |
| In the matter of the estate of Mary Ardelle Gower, Deceased, v. Tyson Robertson, Bessie Lewis, Danny Boggell, Pat Henkel, and Marilyn Whitten
01A01-9710-CH-00605
Mary Ardelle Gower died on August 11, 1995 in Wayne County, Tennessee at the age of 73. Her will was offered for probate by William Steven Jones, the executor therein named and the sole beneficiary of the will.
Authoring Judge: Judge William B. Cain
Originating Judge:Chancellor Robert L. Jones |
Wayne County | Court of Appeals | 07/01/98 | |
| State of Tennessee vs. James Gooch, a/k/a "Angie Foot"
01C01-9703-CR-00093
The defendant, James Allen Gooch, Sr., a/k/a “Angie Foot,” appeals as of right from his conviction upon a guilty plea in the Sumner County Criminal Court for the sale of under one-half gram of cocaine, a Class C felony. The defendant was charged with two counts of selling less than one-half gram of cocaine, possession of marijuana, and possession of drug paraphernalia. Pursuant to an agreement, the defendant entered a guilty plea to one count of selling less than one-half gram of cocaine, and the remaining charges were dismissed. The defendant was sentenced as a Range I, standard offender to five years in the custody of the Department of Correction. The trial court also imposed a two-thousand-dollar fine. The defendant contends that the trial court erred by failing to consider a sentence other than confinement by the Department
Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge Jane W. Wheatcraft |
Sumner County | Court of Criminal Appeals | 07/01/98 | |
| Lionel L. Lulow v. Earl Poss and Carl Poss - Concurring
01-A-01-9509-CH-00399
This is an appeal by defendants/appellants, Earl and Carl Poss, from a decision of the chancery court in a boundary dispute. It is the Posses contention that the chancery court erred when it approved the survey entered into evidence by the plaintiffs/appellees, Lionel and Nancy Lulow. The diagram below, while not drawn to scale, depicts the layout of the relevant tracts of land. Reference to this diagram will be helpful in understanding the following facts.
Authoring Judge: Judge Walter W. Bussart
Originating Judge:Judge Robert E. Corlew, III |
Cannon County | Court of Appeals | 07/01/98 | |
| James E. Collins v. Department of Correction
01A01-9709-CH-00558
The captioned appellant is a prisoner in the punitive custody of the Tennessee Department of Correction. On February 19, 1997, he filed in the Trial Court a petition for declaratory judgment alleging that on November 16, 1996, he filed with the Department a petition for a declaratory order correcting an erroneous entry showing two life sentences which have been merged.
Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Chancellor Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 07/01/98 | |
| Consumer Advocate Division, v. Tennessee Regulatory Authority; Nashville Gas Company
01A01-9708-BC-00391
This petition under Rule 12, Tenn. R. App. Proc., to review a rate making order of the Tennessee Regulatory Authority presents a host of procedural and substantive issues. We affirm the agency order.
Authoring Judge: Judge Ben H. Cantrell
|
Court of Appeals | 07/01/98 | ||
| Jerry J. Roberts v. George Beeler, Etc., et al.
01S01-9710-CH-00216
Authoring Judge: William S. Russell, Retired Judge
Originating Judge:Chancellor |
Davidson County | Workers Compensation Panel | 07/01/98 | |
| Bennie Day and Karen Day v. City of Decherd, Otis B. Smith, Jr., Mayor, et al. - Concurring
01-A-01-9708-CH-00442
Property owners alleged in a petition for common law certiorari that the city of Decherd acted arbitrarily and capriciously in refusing to rezone their property from residential to commercial. The Chancery Court of Franklin County dismissed the petition. We affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Judge L. Curtis Smith |
Franklin County | Court of Appeals | 07/01/98 | |
| Helen S. Rogers v. Thomas E. Watts, Jr., - Concurring
01A01-9603-CV-00120
This appeal involves another chapter in a lingering, acrimonious dispute between two Nashville lawyers stemming from a failed settlement of a case in federal court. After one of the lawyers abandoned his third-party complaint against the other lawyer for fraudulent misrepresentation, the other lawyer filed a malicious prosecution action in the Circuit Court for Davidson County. When the trial court dismissed the complaint on the ground that it was premature, the prevailing lawyer sought Tenn. R. Civ. P. 11 sanctions against the lawyer whose malicious prosecution claim had been dismissed. The trial court declined to grant sanctions, and the lawyer seeking sanctions has appealed. We have determined that the record supports the trial court’s decision not to award sanctions and, therefore, affirm the trial court’s decision.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Judge Thomas W. Brothers |
Davidson County | Court of Appeals | 07/01/98 | |
| 02A01-9707-CH-00157
02A01-9707-CH-00157
Originating Judge:W. Michael Maloan |
Obion County | Court of Appeals | 06/30/98 | |
| State vs. Kestner
03C01-9611-CR-00390
|
Washington County | Court of Criminal Appeals | 06/30/98 | |
| State vs. Tanner
03C01-9703-CR-00101
|
Sullivan County | Court of Criminal Appeals | 06/30/98 | |
| 01C01-9702-CR-
01C01-9702-CR-
|
Davidson County | Court of Criminal Appeals | 06/30/98 | |
| Bradson Mercantile vs. Joseph Crabtree
02A01-9710-CV-00272
|
Shelby County | Court of Appeals | 06/30/98 | |
| Henry Collier vs. Methodist Hosp., et al
02A01-9607-CV-00165
Originating Judge:Dick Jerman, Jr. |
Haywood County | Court of Appeals | 06/30/98 | |
| Shelley Sackett v. Hal Roseman
M2002-00587-COA-R9-CV
This interlocutory appeal was brought to determine whether the trial court properly exercised subject matter jurisdiction pursuant to the Uniform Child Custody Joint Enforcement Act (UCCJEA).
Authoring Judge: Judge William B. Cain
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 06/30/98 | |
| State vs. Elroy Kahanek
01C01-9707-CC-00298
Originating Judge:Donald P. Harris |
Williamson County | Court of Criminal Appeals | 06/30/98 | |
| State vs. Dominic Amari
01C01-9703-CR-00077
|
Davidson County | Court of Criminal Appeals | 06/30/98 | |
| Guadalupe Mendez vs. State
01C01-9703-CC-00076
Originating Judge:James E. Walton |
Montgomery County | Court of Criminal Appeals | 06/30/98 | |
| Sammy Moore v. A. O. Smith
02S01-9709-CH-00082
Authoring Judge: J. Steven Stafford, Special Judge
Originating Judge:Hon. George R. Ellis, |
Moore County | Workers Compensation Panel | 06/29/98 | |
| Victor A. Wynn v. Perma-Fix and The Travelers Insurance Company
02S01-9711-CV-00099
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 found the plaintiff suffered from a heart attack and resulting disablement which arose out of and in the course and scope of his employment with the defendant. Further, the trial court found the plaintiff was totally and permanently disabled as a result of this work injury. The defendants appeal and present the following issue: "I. The issue for determination of this Court is whether or not the evidence in this cause preponderates against the findings of the trial court that Plaintiff sustained an injury arising out of and in the course and scope of his employment resulting in a permanent and total disability." The judgment of the trial court is affirmed. The evidence in this case was presented by the plaintiff, who testified in person, and three other witnesses who testified likewise. These other witnesses were the plaintiff's wife and Pat Townsend and Claude Hunt, both co-workers who testified that the plaintiff suffered pain in his chest on September 2, 1994 while at work. The plaintiff also presented the depositions of Dr. Bennett Rudorfer and Dr. Grady L. Saxton. The defendant's proof consisted of the deposition of Patricio A. Ilabaca and the testimony of Tammy Boggs, whose official capacity with the defendant is not shown. Boggs introduced a packet of medical records from the plaintiff's personnel 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. John R. Mccarroll, |
Shelby County | Workers Compensation Panel | 06/29/98 | |
| James W. Smith v. Wilson Co. Concrete
01S01-9712-CR-00278
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. In January, 1997, the Supreme Court affirmed a judgment that the plaintiff was totally and permanently vocationally disabled, with benefits awarded accordingly. The plaintiff returned to the trial court complaining that the judgment was not being satisfied in a timely way. He alleged that the accrued benefits were not paid timely, and that his "weekly checks" were sporadic. To correct this problem he filed a motion to require the defendant to pay the entire judgment or, alternatively, "that the Court determine the interest as the parties were in dispute as to the amount and the method by which it should be figured." The trial court ordered the defendant to pay interest calculated on the entire amount of the judgment, i.e., on the unaccrued portion of the judgment. The defendant appeals, insisting that interest cannot be assessed on installments not due. We agree, since the precise issue has heretofore been adjudicated by the Supreme Court. Tennessee Code Annotated _ 5-6-225(h) provides in part: (h)(1) If the judgment or decree of a court is appealed pursuant to subsection (e), interest on the judgment or decree shall be computed from the date that the judgment or decree is entered at an annual rate of interest five (5) percentage points above the average prime loan rate for the most recent week for which such an average rate has been published by the board of governors of the federal reserve system on the total judgment awarded by the supreme court. (2) Total judgment awarded is computed by the total number of weeks multiplied by the benefit rate without any reduction. 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. J. O. Bond, |
Smith County | Workers Compensation Panel | 06/29/98 | |
| Doris Barnes v. Cigna Insurance Company
02S01-9710-CV-00087
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 held the plaintiff had sustained a 4 percent permanent partial disability to the right arm1 and a 3 percent permanent partial disability to the left arm as a result of a gradually occurring injury which arose in the course of and in the scope of her employment with Martin Marietta Ordnance Systems, Inc. ("Martin Marietta"). The defendant, Cigna Insurance Company, appeals and raises the following issue about the award to the left arm: "1) Whether the trial court's award of 3% permanent partial disability to the left upper extremity was contrary to the weight of the evidence given the 6.35% anatomical impairment awarded by the evaluating physician and the zero percent (%) anatomical impairment awarded by the treating physician?" We find the award of 3 percent to the plaintiff's left arm was not contrary to the weight of the evidence and affirm the judgment of the trial court.
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. Julian P. Guinn, |
Carroll County | Workers Compensation Panel | 06/29/98 | |
| Ingram Book Co. v. Stacey Fitzgerald
01S01-9712-CV-00268
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. In this appeal, the employer, Ingram Book Company, contends the evidence preponderates against the trial court's findings that (1) the employee's injury was one arising out of and in the course of employment, (2) the award is not barred by the last injury rule and (3) the claimant retains a twelve percent vocational disability award. As discussed below, the panel has concluded the judgment should be affirmed. Twenty-eight-year-old Stacey Fitzgerald was hired as an executive secretary by Ingram Book Company in September of 1994. Between late February and mid March, she told her supervisor, Terry Cook, she was experiencing right arm pain and requested an ergonomic keyboard. In early June, 1995, a non-work related back injury caused Ms. Fitzgerald to take a temporary leave of absence. Upon her return to work in late August, she requested a part-time position to aid her recovery. Due to continued pain in her right arm, Ingram Book Company sent Ms. Fitzgerald to the Baptist Occupational Medicine facility on or about October 23, 1995. There, she was treated with anti-inflammatorymedicine, a wrist splint, and an elbow band. In November, 1995, Ms. Fitzgerald missed several days of work due to strep throat, a death in the family, and hospitalization for pneumonia. Ingram Book Company terminated her employment during her hospital stay. Following her termination, Ms. Fitzgerald was referred to Dr. Arthur Cushman, whom she saw twice. He concluded Ms. Fitzgerald had a zero percent anatomical impairment rating and assigned no permanent restrictions. Ingram Book Company then arranged for her to receive treatment from Dr. William Jekot. On January 17, 1996, Dr. Jekot diagnosed Ms. Fitzgerald as having mild cubital tunnel syndrome and tendinitis of the right elbow. During March of 1996, Ms. Fitzgerald obtained employment with the Daily News Journal running a newspaper route. However, she quit three months later claiming her preexisting condition caused problems in executing her duties. On May 21, 1997, Dr. Jekot requested a reevaluation visit with Ms. Fitzgerald to prepare for his deposition. Dr. Jekot diagnosed chronic 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Robert E. Corlew, III, |
Rutherford County | Workers Compensation Panel | 06/29/98 |
APPELLATE COURT OPINIONS
Please enter some keywords to search.