| Judy Carolyn Lawson vs. Cynthia Gale Rines
E2002-02152-COA-R3-CV
This is a wrongful death action. The Trial Court excluded proof of the deceased's Social Security benefits at trial. Judy Carolyn Lawson ("Plaintiff") made an offer of proof showing only the amount of monthly Social Security benefits received. The jury returned a verdict in Plaintiff's favor, and the Trial Court granted Plaintiff's motion for prejudgment interest. Service Radio Cab Co., Inc. ("Defendant") appeals the award of prejudgment interest. Plaintiff appeals regarding the exclusion of proof of Social Security benefits. We affirm, in part, and reverse, in part.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 08/22/03 | |
| State of Tennessee v. Jeffery McCraney
W2003-00011-CCA-R9-CD
This is an appeal by permission, pursuant to Rule 9 of the Tennessee Rules of Appellate Procedure. The Defendant, Jeffery McCraney, was indicted by the Dyer County Grand Jury for various narcotics charges arising out of the search of his motor vehicle. The trial court suppressed the evidence obtained as a result of that search, ruling that the search of the Defendant’s vehicle was unconstitutional. The State filed a motion for interlocutory appeal, which was granted by the trial court. We granted the State permission to appeal, and the State asserts that the trial court erred when it granted the Defendant’ s Motion to Suppress. We hold that the trial court did not err by granting the motion because the search of the Defendant’s vehicle violated constitutional protections against unreasonable searches and seizures.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Lee Moore |
Dyer County | Court of Criminal Appeals | 08/22/03 | |
| Bill Goins vs. Creditcorp
E2002-01927-COA-R3-CV
This appeal reaches us in the form of several consolidated class action lawsuits. In each action the Plaintiffs alleged that Defendants, who are owners and/or operators of check cashing companies, effectively made short-term loans to Plaintiffs and charged them exorbitant and usurious interest rates, in violation of various state and federal statutes. After negotiation, the parties reached a settlement agreement, which was presented to and approved by the Trial Court. At issue in this appeal is the interpretation of a provision in the settlement agreement. Plaintiffs filed a "motion to enforce" which alleged that Defendants violated the settlement agreement by willfully failing to forgive and release certain debts of Plaintiffs resulting from transactions taking place on or before September 30, 1997. Defendants argued, among other things, that the agreement did not require them to release the debts at issue. The Trial Court dismissed Plaintiffs' motion to enforce the settlement agreement. We vacate the Court's judgment and remand the case for an evidentiary hearing.
Authoring Judge: Judge Houston M. Goddard
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Bradley County | Court of Appeals | 08/21/03 | |
| Conchita Johnson vs. Greg Johnson
E2003-00130-COA-R3-CV
The Trial Court entered Judgment for back child support, ordered increase in continuing child support, and awarded custodial parent attorney's fees. Father, who sought change of custody, appealed. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Ben W. Hooper, II |
Sevier County | Court of Appeals | 08/21/03 | |
| Donald Xiques vs. Charme Knight
E2003-00435-COA-R3-CV
Plaintiff sued defendant claiming defendant divulged confidential information to FBI and that agency refused to hire him, due to defendant's action, which violated his constitutional right to privacy. The Trial Court ruled that plaintiff was estopped to maintain action because he had been unsuccessful in a prior action in the federal court against the same defendant. On Appeal, we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 08/21/03 | |
| State of Tennessee v. Brandon Ray Roland
E2002-00927-CCA-R3-CD
Following a jury trial, Defendant, Brandon Ray Roland, was convicted of first degree premeditated murder, first degree felony murder and theft of property over $10,000. The trial court merged the felony murder conviction into the premeditated first degree murder conviction and sentenced Defendant to life imprisonment. After a sentencing hearing, the trial court sentenced Defendant to three years for the theft conviction and ordered the sentence to run concurrently with the life sentence. In his appeal, Defendant argues that (1) the evidence is insufficient to sustain his conviction for first degree murder; (2) the trial court erred in not granting a new trial because of improper juror conduct; (3) the trial court erred in not suppressing a letter written by Defendant while in juvenile detention; and (4) the Rhea County Juvenile Court erred in transferring Defendant to stand trial as an adult. Defendant does not appeal his conviction for theft. Following a thorough review of the record, we affirm the judgment of the trial court.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge J. Curtis Smith |
Rhea County | Court of Criminal Appeals | 08/21/03 | |
| Roy Malone vs. Scott Probasco
E2002-03135-COA-R3-CV
In this appeal from the Circuit Court for Hamilton County the Plaintiff/Appellant, Roy Michael Malone, Sr., argues that the Trial Court erred in granting the Defendant/Appellee, Scott L. Probasco, Jr., a summary judgment. We affirm and remand.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:W. Frank Brown, III |
Hamilton County | Court of Appeals | 08/21/03 | |
| State of Tennessee v. Calvin Jerome Oliver
M2002-02438-CCA-R3-CD
The defendant, Calvin Jerome Oliver, pled guilty in the Marshall County Circuit Court to aggravated robbery, a Class B felony; aggravated burglary, a Class C felony; two counts of attempted aggravated robbery, a Class C felony; and three counts of aggravated assault, a Class C felony. The trial court merged his attempted aggravated robbery convictions into his aggravated robbery conviction and sentenced him as a Range II, multiple offender to eighteen years in the Department of Correction (DOC). The trial court sentenced him to seven years for the aggravated burglary conviction and eight years for each aggravated assault conviction, all to be served concurrently to each other but consecutively to the eighteen-year sentence for an effective sentence of twenty-six years in the DOC. The defendant appeals, claiming the trial court erred by refusing to apply and give proper weight to mitigating factors. We affirm the judgments of the trial court, but we remand the case for correction of a clerical error regarding the aggravated burglary judgment.
Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge W. Charles Lee |
Marshall County | Court of Criminal Appeals | 08/21/03 | |
| R. Scott Martin v. John Curtis King
E2002-03055-COA-R3-CV
This is a breach of contract case. R. Scott Martin ("Plaintiff") sued John Curtis King ("Defendant"), alleging that Defendant had breached his agreement to give Plaintiff a 3% interest in Defendant's landfill venture. The trial court found that the parties' agreement did not pertain to or cover the particular landfill business out of which Plaintiff sought a 3% interest. The trial court did conclude that Plaintiff was entitled to a judgment against Defendant for $4,500 for monetary contributions made by Plaintiff in connection with the parties' agreement. Plaintiff appeals, contending that the trial court erred in finding that a novation had occurred, in admitting parol evidence, and in calculating damages. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Billy Joe White |
Scott County | Court of Appeals | 08/21/03 | |
| Lynn Raiteri Ex Rel. Mary Cox v. NHC Healthcare
E2003-00068-COA-R9-CV
Lynn Raiteri, as the daughter and next friend of the late Mary Helen Cox ("Mrs. Cox"), sued NHC Healthcare/Knoxville, Inc. ("the defendant"), as well as others, for the wrongful death of Mrs. Cox, whose death allegedly resulted from improper care at the defendant's nursing home. We granted the plaintiff's Tenn. R. App. P. 9 application for an interlocutory appeal in order to review the trial court's order granting the defendant's motion to compel mediation and arbitration pursuant to the dispute resolution procedures contained in the defendant's nursing home admission agreement. We reverse.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Harold Wimberly |
Knox County | Court of Appeals | 08/21/03 | |
| In Re: Estate of Ilene S. Ramey
E2003-00544-COA-R3-CV
At issue in this appeal is whether this will contest action, brought by Tommy Snapp and Eddie Snapp as intestate heirs at law, is barred by the applicable two-year statute of limitations found at T.C.A. 32-4-108. Plaintiffs have challenged the validity of the will of Ilene S. Ramey on grounds that it was executed outside the presence of two witnesses as required by T.C.A. 32-1-104. In their complaint they allege that the witnesses to the will were wrongfully coerced by their employment supervisor, Defendant Sherri H. Jones, to sign affidavits falsely stating that they were in the presence of Ms. Ramey when she executed her will. The Trial Court held the action to be time-barred because it was filed more than three years after admission of the will to probate, ruling that "under the authority of Phillips v. Phillips, 526 S.W.2d 439 (Tenn.1975), the Complaint alleges no facts that could amount to a concealment of the claim." The Court dismissed the complaint under Tenn.R.Civ.P. 12.02(6) for failure to state a claim upon which relief can be granted. We affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Richard E. Ladd |
Sullivan County | Court of Appeals | 08/21/03 | |
| Clarence Matz, et ux vs. Wuest Diagnostics
E2003-00167-COA-R3-CV
Defendants granted summary judgment in medical malpractice action on grounds the statute of limitation had run. On appeal, we vacate and remand.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Wheeler A. Rosenbalm |
Knox County | Court of Appeals | 08/21/03 | |
| Brinda J. Hill v. Arcade Marketing Printing, Inc.
E2002-01936-WC-R3-CV
The plaintiff appeals the trial court's decision resolving all issues in favor of the defendant and dismissing the plaintiff's complaint, finding specifically: that the plaintiff failed to give proper, statutorily required notice of her alleged injuries; that the plaintiff's alleged injuries were not causally related to her job with the defendant company; and that the plaintiff was estopped from pursuing workers' compensation benefits for her alleged injuries. We affirm the judgment of the Chancery Court.
Authoring Judge: Byers, Sr. J.
Originating Judge:W. Frank Brown, III, Chancellor |
Knox County | Workers Compensation Panel | 08/21/03 | |
| State of Tennessee v. John A. Turbyville
E2002-00629-CCA-R3-CD
The appellant was convicted by a jury of the offense of reckless aggravated assault. He received a sentence of seven years incarceration as a Range II multiple offender convicted of a Class D felony. On appeal the appellant contends that the evidence is insufficient to support the verdict and that the trial court erred in denying him any form of alternative sentencing. Appellate review is available for these two issues despite the fact that the appellant failed to file a timely motion for new trial under Tenn. R. Crim. P. 33(b). However, review of these issues is dependent on either a timely filed notice of appeal, or in the interest of justice, a waiver of the timely filing of a notice appeal. Tenn. R. App. P. 4(a). Because the appellant filed a late motion for a new trial, his notice of appeal is likewise tardy. Neither has the appellant sought a waiver of the timely filing of the notice of appeal. Under these circumstances the appeal is DISMISSED.
Authoring Judge: Judge Jerry L. Smith
Originating Judge:Judge Phyllis H. Miller |
Sullivan County | Court of Criminal Appeals | 08/21/03 | |
| Steve Conklin vs. State
E2002-03130-COA-R3-CV
Approximately seventeen years ago, Steve Conklin (Plaintiff") was convicted by a jury in the McMinn County Criminal Court of raping a child under the age of thirteen years. Plaintiff's conviction was affirmed by the Court of Criminal Appeals in 1987. Plaintiff was represented by appointed counsel, Fredric J. Chester, Jr. ("Chester"). Chester represented Plaintiff both at trial and on the direct appeal. Many years later, Plaintiff was granted post-conviction relief based on ineffective assistance of counsel and a new trial was ordered. The State of Tennessee ("State") declined to retry Plaintiff, who then was set free. Plaintiff filed this lawsuit in the Claims Commission ("Commission") against the State seeking monetary compensation for the alleged legal malpractice of Chester which Plaintiff claims resulted in his being imprisoned improperly for fourteen and one-half years. According to Plaintiff, Chester should be deemed a state employee because he was appointed by the court. The State disagreed and filed a motion to dismiss the complaint. The State argued that the Commission lacked subject matter jurisdiction over Plaintiff's legal malpractice claim because Chester was not a "state employee". The Commission dismissed the lawsuit solely because Plaintiff failed to respond timely to the State's motion to dismiss. We hold Chester was not an employee of the state and, therefore, the Commission lacked subject matter jurisdiction over Plaintiff's legal malpractice claim. The result reached by the Commission is affirmed.
Authoring Judge: Judge David Michael Swiney
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McMinn County | Court of Appeals | 08/20/03 | |
| Bobby Cunningham v. Terry Lester
M2002-00887-COA-R3-CV
This dispute arises from an auction sale of real property. The trial court awarded plaintiff buyer specific performance of one contract and denied specific performance of a second contract. We affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:J. B. Cox |
Bedford County | Court of Appeals | 08/20/03 | |
| Angela Taylor vs. Douglas Fezell
E2002-02937-COA-R3-CV
In post-divorce action by husband, the Trial Court refused to void trust provision in Marital Dissolution Agreement and calculated child support. Husband appealed, we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Thomas R. Frierson, II |
Greene County | Court of Appeals | 08/20/03 | |
| J.S. Haren Company vs. Kelly Services
E2002-03116-COA-R3-CV
This appeal asserts that the Trial Court erred in entering judgment against the Appellant/Defendant, Kelly Services, Inc., for breach of contract. We reverse and dismiss the judgment of the Trial Court and remand.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Sharon J. Bell |
Knox County | Court of Appeals | 08/20/03 | |
| Judy Longmire vs Kroger
E2002-03119-COA-R3-CV
In this action for damages for injuries suffered when plaintiff fell on defendant's premises, the Trial Court granted defendant summary judgment. On appeal, we vacate and remand.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Wheeler A. Rosenbalm |
Knox County | Court of Appeals | 08/20/03 | |
| State of Tennessee v. Shun D. Jones
W2001-01313-CCA-R3-CD
The Appellant, Shun D. Jones, was convicted by a Shelby County jury of two counts of rape and was sentenced to twenty years in the Tennessee Department of Correction. On appeal, he argues that the evidence presented at trial was insufficient to support the verdict. After review, we find no error and affirm the judgment of the trial court.
Authoring Judge: Judge David G. Hayes
Originating Judge:Judge Bernie Weinman |
Shelby County | Court of Criminal Appeals | 08/19/03 | |
| Ronald W. Rice v. David Mills, Warden
E2003-00328-CCA-R3-PC
The petitioner, Ronald W. Rice, filed in the Morgan County Criminal Court ("the habeas court") for habeas corpus relief, alleging that he received an illegal sentence for his conviction for an aggravated rape which occurred in 1983. The habeas court granted the petitioner relief. On appeal, the State contends that the habeas court erred in finding that the petitioner was entitled to relief. Upon review of the record and the parties' briefs, we reverse the judgment of the Morgan County Criminal Court, reinstate the petitioner's aggravated rape conviction, and remand to the Williamson County Criminal Court ("the convicting court") for correction of the judgment of conviction.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Judge E. Eugene Eblen |
Morgan County | Court of Criminal Appeals | 08/19/03 | |
| Doris Cannon vs. Peninsula Hospital
E2003-00200-COA-R3-CV
Criminal proceedings against the Plaintiff involving a controlled substance were dismissed upon the Plaintiffs agreement to pay the costs. She thereupon filed this action for damages for malicious prosecution, which was dismissed on motion for summary judgment because the Plaintiff could not prove a necessary element: that the prosecution was terminated in her favor, because she agreed to pay the costs of the criminal prosecution. We affirm.
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:Harold Wimberly |
Knox County | Court of Appeals | 08/18/03 | |
| State vs. E.G.P.
E2003-00433-COA-R3-CV
The Juvenile Court of Bradley County ordered that a placement should be found by the Department of Children's Services ("DCS") for a sixteen-year-old mother with her two and one-half-year-old child, the latter of whom had been in foster care most of his life. Time constraints were imposed and DCS did not or was unable to comply with the judgment, which resulted in a finding of contempt. The DCS appeals, and presents a litany of issues for review, one of which alleges that the juvenile court lacked jurisdiction to adjudicate a placement. The judgment is vacated in toto and the case is remanded.
Originating Judge:C. Van Deacon |
Bradley County | Court of Appeals | 08/18/03 | |
| 02825-COA-R3-CV
02825-COA-R3-CV
Originating Judge:Jacqueline E. Schulten |
Hamilton County | Court of Appeals | 08/18/03 | |
| James Wilkerson vs. PFC Global
E2003-00362-COA-R3-CV
On May 3, 2002, James and Judith Wilkerson ("Plaintiffs") filed this lawsuit against PFC Global Group, Inc. ("PFC") claiming PFC had defaulted on a Promissory Note. Plaintiffs also sued Don and Brenda Dorris who had personally guaranteed PFC's debt to Plaintiffs. All three Defendants were served with process on May 16, 2002, and their attorneys entered an appearance on Defendants' behalf the following day. Plaintiffs' counsel informed defense counsel that Plaintiffs would move for a default judgment if an answer was not filed by September 6, 2002. When no answer was filed by that date, Plaintiffs moved for and were granted a default judgment. After hearing testimony from Plaintiff James Wilkerson regarding the amount due under the various contracts, the Trial Court granted Plaintiffs a judgment against each Defendant in the total amount of $1,492,353.52, plus an additional $15,000 in attorney fees. Thereafter, Defendants filed a motion to have the default judgment set aside under Tenn. R. Civ. P. 60. After a hearing, the Trial Court determined Defendants were not entitled to relief from the default judgment. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:W. Dale Young |
Blount County | Court of Appeals | 08/18/03 |
