APPELLATE COURT OPINIONS

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02C01-9605-CC-00183

02C01-9605-CC-00183

Originating Judge:Joseph H. Walker, III
Lauderdale County Court of Criminal Appeals 06/24/97
State vs. Moates

03C01-9610-CR-00383

Originating Judge:Mayo L. Mashburn
Monroe County Court of Criminal Appeals 06/24/97
Darla Gail Farmiloe v. Saturn Corporation

01S01-9610-CV-00199
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. This complaint was filed June 23, 1994. The plaintiff alleged that she sustained various job-related injuries arising from her employment, the first being November 21, 1991 involving upper back and shoulder pain which developed gradually. The defendant admitted the report of these injuries. Trial of the case in February 1996 resulted in a finding that the plaintiff's job duties advanced the severity of her pre-existing conditions and that she had sustained a 75 percent occupational disability with benefits payable in a lump sum. The employer appeals, and presents for review the issues of (1) whether the plaintiff sustained a compensable injury to her neck, back and left upper extremity, (2) whether the award is excessive, and (3) whether the award should be paid in a lump sum. W e will consider these issues jointly. Our 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 finding, 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 584 (Tenn. 1991). Where testimony is presented by deposition, this Court is able to make its own independent assessment of the proof to determine where the preponderance of the evidence lies.
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. Jim T. Hamilton,
Maury County Workers Compensation Panel 06/24/97
State vs. Robinson

03C01-9510-CC-00303

Originating Judge:Rex Henry Ogle
Cocke County Court of Criminal Appeals 06/24/97
Gerald White/White Trucking vs. Aquarius Industries, Inc.

02A01-9605-CV-00129

Originating Judge:Mcginley
Hardin County Court of Appeals 06/23/97
David H. Crenshaw, Sr. v. Ats Southeast, Inc.

01S01-9701-CH-00018
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. This is an appeal by the employer from an order of the trial court setting aside a previously issued order of dismissal for failure to prosecute a workers' compensation case within one year under the local rules of court for Davidson County. The trial court set aside the dismissal order under Rule 6.2, TENN. R. CIV. P. The complaint for workers' compensation benefits was filed October 14, 1994. The defendant filed an answer on November 17, 1994. The trial court, sua sponte, dismissed the complaint on November 6, 1995 under the local rule for failure to prosecute. The record before us, which consists of the pleadings, orders and an affidavit of the employee's counsel in support of his Rule 6 motion, show the notice of dismissal was filed on counsel for the plaintiff on November 14, 1995. On January 22, 1996, plaintiff filed a Rule 6 motion to have the order dismissed or set aside. On February 26, 1996, the trial judge found "Plaintiff [had] not made out a sufficient showing of mistake, inadvertence, surprise, or excusable neglect to justify relief under Rule 6, Tennessee Rules of Civil Procedure," however "because this matter is a workers' compensation action, the Order of Dismissal will be set aside and this case shall be put back on the Court's active docket." Unless otherwise set out in the order of dismissal, such order operates as an adjudication upon the merits. Rule 41.2(3), TENN. R. CIV. P. Rule 59.4, TENN. R. CIV. P., provides for a motion to amend or alter a judgment. Such motions must be filed and served on the opposite party within 3 days of the entry of the judgment in question. A judgment becomes final in 3 days and cannot be reviewed after that time. Algee v. State Farm General Ins. Co., 89 S.W.2d 445, 447 (Tenn. Ct. App. 1994). The order of dismissal in this case became final 3 days after entry thereof, 2
Authoring Judge: Senior Judge John K. Byers
Originating Judge:Chancellor
Davidson County Workers Compensation Panel 06/23/97
02A01-9508-CV-00176

02A01-9508-CV-00176

Originating Judge:Dick Jerman, Jr.
Crockett County Court of Appeals 06/20/97
Dillon vs. State

01A01-9701-BC-00020
Davidson County Court of Appeals 06/20/97
John Wolfe vs. First American Corp.

02A01-9510-CV-00212

Originating Judge:Whit A. Lafon
Madison County Court of Appeals 06/20/97
Mattie Bedford vs. Margaret Culpepper, et al

02A01-9604-CH-00085

Originating Judge:C. Neal Small
Shelby County Court of Appeals 06/20/97
State Farm Ins. vs. Gill

01A01-9701-CV-00010

Originating Judge:Tyrus H. Cobb
Bedford County Court of Appeals 06/20/97
State vs. Timothy Porter

02C01-9605-CC-00179

Originating Judge:C. Creed Mcginley
Hardin County Court of Criminal Appeals 06/20/97
Robins vs. Flagship Airlines, Inc. & AMR Corp

01A01-9612-CV-00550

Originating Judge:Walter C. Kurtz
Davidson County Court of Appeals 06/20/97
State, et al vs. Nathaniel Ford

02C01-9706-CC-00215
Lauderdale County Court of Criminal Appeals 06/20/97
Albert Milam/Tina Milam vs. Franklin Wilson

02A01-9607-CV-00167
Shelby County Court of Appeals 06/20/97
Nickolas Price, et al vs. Christian Price

02A01-9609-CH-00228

Originating Judge:Floyd Peete, Jr.
Shelby County Court of Appeals 06/20/97
Bobbie & Willie Byrd vs. First Tennessee Bank

02A01-9610-CV-00252
Court of Appeals 06/20/97
Turtle Creek Apts. vs. Polk

01A01-9608-CV-00382

Originating Judge:Walter C. Kurtz
Davidson County Court of Appeals 06/20/97
Wayne Bates vs. State

01C01-9603-CC-00102

Originating Judge:Gerald L. Ewell, Sr.
Coffee County Court of Criminal Appeals 06/20/97
State vs. Williams Stitts

02C01-9607-CC-00239
Madison County Court of Criminal Appeals 06/19/97
State vs. Whitmore

03C01-9404-CR-00141

Originating Judge:D. Kelly Thomas, Jr.
Blount County Court of Criminal Appeals 06/19/97
State vs. Johnny Smith

02C01-9608-CR-00287

Originating Judge:Chris B. Craft
Shelby County Court of Criminal Appeals 06/19/97
State vs. Jessie Bishop

02C01-9609-CR-00301

Originating Judge:Carolyn Wade Blackett
Shelby County Court of Criminal Appeals 06/19/97
02C01-9509-CC-00267

02C01-9509-CC-00267

Originating Judge:Julian P. Guinn
Henry County Court of Criminal Appeals 06/19/97
Tomlinson vs. Traughber

01A01-9703-CH-00143

Originating Judge:Ellen Hobbs Lyle
Davidson County Court of Appeals 06/18/97