Please enter some keywords to search.
| Jackie Cline vs. Emily Plemmons
E2002-02584-COA-R3-CV
This is a dispute between brother and sister over the handling of the affairs as conservators of their mother. The brother appeals from the Trial Court's rulings as to compensation, attorney's fees and conservatorship. On appeal, we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Jerri S. Bryant |
McMinn County | Court of Appeals | 10/16/03 | |
| Polk Couty Bd of Education vs. Polk County Education Assoc.
E2003-01110-COA-R3-CV
The Trial Court ruled the School Board did not have to negotiate with the Teachers Association regarding a dress code policy adopted by the Board. On appeal, we reverse and remand.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Jerri S. Bryant |
Polk County | Court of Appeals | 10/16/03 | |
| Brian Keith Chapman v. Bekaert Steel Wire Corporation,
W2002-00596-SC-WCM-CV
The claimant in this workers' compensation case has appealed the trial court's decision awarding him permanent partial disability benefits of twenty-five percent to the body as a whole. The trial court excluded the deposition of one of the physicians who examined the claimant but made alternative findings if the deposition were improperly excluded. The panel has concluded that the evidence preponderates against the trial court's exclusion of the deposition evidence. Accordingly, we reverse the trial court. We further find that the evidence preponderates in favor of the trial court's alternative finding of forty-five percent to the body as a whole. The trial court's judgment is modified accordingly.
Authoring Judge: D. J. Alissandratos, Sp.J.
Originating Judge:C, J. Steven Stafford, Chancellor |
Dyer County | Workers Compensation Panel | 10/16/03 | |
| State of Tennessee v. Charles R. Palmquist
M2002-01047-CCA-R3-CD
Defendant, Charles R. Palmquist, pursuant to a negotiated plea agreement, pled guilty to DUI first offense and reserved a certified question of law for appeal pursuant to Tenn. R. Crim. P. 37(b)(2)(i). After a review of the record and the briefs of the parties, we affirm the judgment of the trial court.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge John A. Turnbull |
Putnam County | Court of Criminal Appeals | 10/16/03 | |
| W2002-02534-COA-R3-CV
W2002-02534-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 10/16/03 | |
| Carl A. Lindblad v. Parkridge Health System
E2003-00221-COA-R3-CV
The plaintiff resigned his position as Director of the hospital's emergency services. Parkridge Health System, Inc. d/b/a East Ridge Hospital, [hereafter "the hospital" or "Defendant"] accepted his resignation and terminated his staff privileges in accordance with an employment Agreement. The hospital's bylaws required notice and hearing, which were not followed. The plaintiff filed this action asserting that in failing to observe its bylaws the hospital breached its contract with him since the bylaws were an integral part of the contract. The Chancellor granted the hospital's motion for summary judgment, holding that the Agreement, which provided for termination of staff privileges controlled the issue. We affirm.
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:W. Neil Thomas, III |
Hamilton County | Court of Appeals | 10/16/03 | |
| Dept. of Children's Services vs MW
E2003-00325-COA-R3-CV
The Trial Judge held the minor child was dependent and neglected and that the mother had committed severe child abuse against her child. Custody was awarded to DCS who was relieved of making reasonable efforts to reunify the mother and child. The mother appealed, insisting there is no evidence to support the Trial Court's findings. We affirm the Trial Court.
Originating Judge:Kindall T. Lawson |
Hamblen County | Court of Appeals | 10/16/03 | |
| James Jackson vs. Jackson, Johnson & Murphey
E2002-02476-COA-R3-CV
This litigation is between a former shareholder of the defendant accounting corporation. These parties entered into an employment contract together with a deferred compensation agreement. After two years, each party claimed the other was in material breach: the Plaintiff asserted a breach because, inter alia, the Defendant refused to treat him as an employee, while the Defendant asserted a breach because the Plaintiff prepared a number of tax returns [66], inter alia, for clients of the firm without recourse to the firm. The trial court found that no mutual material breaches had occurred, and that the Plaintiff was entitled to recover the balance of his deferred compensation which had been terminated by the Defendant owing to the Plaintiff's alleged breaches. The judgment is modified.
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:W. Neil Thomas, III |
Hamilton County | Court of Appeals | 10/15/03 | |
| State of Tennessee v. Darwin Treece
W2002-02738-CCA-R3-CD
The defendant pled guilty to one count of delivering a Schedule II controlled substance (Hydromorphone). He was sentenced to 50 months to be served with Corrections Management Corporation, a community-based alternative, after service of 180 days in the county jail. The defendant appealed the sentence, contending that it was excessive. We hold that the trial court properly rejected mitigating factor one because drug dealing inherently involves the risk of bodily injury and that the defendant’s prior criminal behavior justified the sentence imposed. Finding no error, the judgment is affirmed.
Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Jon Kerry Blackwood |
McNairy County | Court of Criminal Appeals | 10/15/03 | |
| Ronnie Johnson vs. Mark R. White
E2002-02815-COA-R3-CV
These three cases were consolidated for trial. Each Respondent agreed to an Order of Protection sought by their kinsman, who was married to the daughter of Mark V. White, the sister of Mark R. White and niece of Michael Scott Webb. The throes of the divorce action between the Petitioner and his wife, Jennifer White Johnson, precipitated a purported assault on the Petitioner by the Respondents which resulted in criminal charges in addition to an order of protection. Thereafter, the Petitioner and his wife attended the Fourth Circuit Court for a hearing, and the Respondents upon instructions of their attorney in the criminal case also attended, and followed the Petitioner "about the courthouse" placing him in fear. They were cited for criminal contempt, found guilty, and sentenced to ten days confinement, with five days suspended. Each appeals, complaining that the evidence of criminal contempt is insufficient. We affirm.
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:Bill Swann |
Knox County | Court of Appeals | 10/15/03 | |
| Frankie Maples vs. Frank Maples
E2003-00722-COA-R3-CV
Husband, for the second time, seeks a reduction in his alimony obligation, claiming that his bona fide retirement coincided with a substantial decrease in income. The trial court modified the obligation by reducing it to $919.50 monthly. Wife receives $752.00 from social security. Her reasonable expenses were found to be $2176.00. Husband appeals, insisting that the reduction is insufficient. Wife presents for review the issue of whether any reduction was justified. We reinstate the initial award, finding that Husband, as in the prior appeal, continued his pattern of conduct in restructuring his assets to award his obligation.
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:Bill Swann |
Knox County | Court of Appeals | 10/15/03 | |
| W2002-02166-COA-R3-CV
W2002-02166-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Donn Southern |
Shelby County | Court of Appeals | 10/15/03 | |
| State of Tennessee v. Joel Anthony Davenport
E2003-01330-CCA-R3-CD
The Defendant, Joel Anthony Davenport, pled guilty to multiple counts of passing worthless checks and was sentenced to probation. The Defendant's probation was violated and revoked. Upon revocation, the trial court sentenced the Defendant, and the Defendant asserts that he was sentenced to four years of incarceration, plus an additional year for the count which violated his probation, to be served consecutively to a six year sentence in another county. Accordingly, the Defendant asserts that his sentence was to total eleven years. The Tennessee Department of Corrections report showed that the Defendant was sentenced to fourteen years, not eleven, and the Defendant filed a motion with the trial court to enter an order correcting the "clerical mistake." The trial court denied that motion and the Defendant appeals. Finding no error in the trial court's denial of the Defendant's motion, we affirm.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Douglas A. Meyer |
Hamilton County | Court of Criminal Appeals | 10/15/03 | |
| J.M. Cox, Jr. v. East Tennessee Natural Gas
E2002-02946-COA-R3-CV
In this declaratory judgment action to declare the rights between the dominant and servient estates relating to an easement, the trial court held that the landowner's proposal to add fill dirt over the pipeline easement did not unreasonably interfere with defendant's rights. Defendant has appealed. We reverse.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:G. Richard Johnson |
Washington County | Court of Appeals | 10/15/03 | |
| Jimmy Ray Robinson v. State of Tennessee
W2002-02151-CCA-R3-PC
The petitioner appeals from the post-conviction court’s denial of relief. He contends he received ineffective assistance of counsel. After careful review, we affirm the post-conviction court’s denial of relief.
Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Lee Moore |
Dyer County | Court of Criminal Appeals | 10/15/03 | |
| W2002-02353-COA-R3-CV
W2002-02353-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Robert A. Lanier |
Shelby County | Court of Appeals | 10/15/03 | |
| Cordell Taylor vs. Donnie & Vick Williams
E2003-00199-COA-R3-CV
In this dispute over the boundary line between the parties' property, the Trial Court established the line and declared an easement. Defendants have appealed. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Frank V. Williams, III |
Morgan County | Court of Appeals | 10/15/03 | |
| Clemmye Mullenix Berger v. Brenda O'Brien,
W2002-00227-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 10/15/03 | |
| State of Tennessee v. Deborah Kay Thomas Atkins
W2002-02312-CCA-R3-CD
The defendant entered pleas of guilt to possession of a Schedule II controlled substance with the intent to deliver or sell, possession of a Schedule III controlled substance with the intent to deliver or sell, and possession of marijuana. The trial court imposed concurrent Range I sentences of eight years, two years, and 11 months and 29 days, respectively. The defendant was required to serve one year in jail followed by seven years in community corrections. Later, the community corrections sentence was revoked and an eight-year sentence imposed. An appeal resulted in a remand by this court with directions to credit both jail time and the length of service within the program. In this appeal, the defendant argues that the trial judge erred in the imposition of the resentence. The judgment is affirmed.
Authoring Judge: Presiding Judge Gary R Wade
Originating Judge:Judge Julian P. Guinn |
Henry County | Court of Criminal Appeals | 10/15/03 | |
| Patricia Lyman v. Lawrence James
E2002-02859-COA-R3-CV
After over thirty years of marriage, Patricia A. Lyman ("Wife") left Lawrence A. James ("Husband") and moved to the state of Washington and began living with her new boyfriend. After Husband learned of Wife's affair, the parties agreed to a divorce based on irreconcilable differences and entered into a marital dissolution agreement ("MDA"). Both parties signed the MDA before a Notary Public, but neither party was administered an oath prior to his or her signing. The MDA provided that Husband would receive the entire amount of his pension. Over six months after the parties were granted a divorce, Wife filed a new lawsuit claiming she gave up any claim to Husband's pension because of Husband's fraud and/or misrepresentations. Wife also claimed the court which granted the divorce lacked personal jurisdiction to enter the final divorce decree because neither Husband nor Wife were administered oaths prior to signing the MDA, which Wife claimed resulted in the MDA not being properly notarized. The Trial Court concluded the failure of the Notary Publics to administer oaths did not render the MDA invalid. The Trial Court also concluded Wife failed to meet her burden of proving fraud and/or misrepresentations on the part of Husband. Wife appeals, and we affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:W. Neil Thomas, III |
Hamilton County | Court of Appeals | 10/15/03 | |
| Combustion Federal Credit Union vs. John Farmer
E2003-00107-COA-R3-CV
A judgment was rendered against Mr. Farmer in 1992. It remained unpaid, and the judgment creditor's petition for revival was granted. Mr. Farmer appeals, claiming that he never signed the note which formed the basis of the 1992 action. We affirm.
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:W. Neil Thomas, III |
Hamilton County | Court of Appeals | 10/15/03 | |
| Clemmye Mullenix Berger v. Brenda O'Brien,
W2002-00227-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 10/15/03 | |
| CH-02-0609-1
CH-02-0609-1
Originating Judge:Walter L. Evans |
Shelby County | Court of Appeals | 10/15/03 | |
| Sun Splash Painting v. Homestead Village
M2002-00853-COA-R3-CV
This appeal involves a challenge to the trial court's refusal to award attorney's fees pursuant to the Prompt Pay Act, and to the court's denial of prejudgment interest. We affirm the trial court in all respects.
Authoring Judge: Judge William B. Cain
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 10/15/03 | |
| Rose Marie Harper Britt v. Elmer Lee Britt
W2003-00430-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Joe C. Morris |
Madison County | Court of Appeals | 10/15/03 |