APPELLATE COURT OPINIONS

CH-01-1148-3

CH-01-1148-3

Originating Judge:D. J. Alissandratos
Shelby County Court of Appeals 09/18/02
State of Tennessee v. Stacey Renee Moore

E2001-01905-CCA-R3-CD
The appellant, Stacey Renee Moore, entered guilty pleas to two counts of theft over five hundred dollars ($500), Class E felonies; one count of theft under five hundred dollars ($500), a Class A misdemeanor; and one count of failure to appear, a Class E felony. For each felony conviction, the appellant received a one-year sentence, with the sentences to be served consecutively. Additionally, the appellant received an eleven month and twenty-nine day sentence for the misdemeanor conviction to be served concurrent to the felony convictions. The trial court denied the appellant's request for alternative sentencing and sentenced the appellant to an effective sentence of three years in the Tennessee Department of Correction. On appeal, the appellant contends that the trial court erred by denying alternative sentencing. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Judge Robert E. Cupp
Washington County Court of Criminal Appeals 09/18/02
CH-01-0462-2;

CH-01-0462-2;

Originating Judge:Kenny W. Armstrong
Shelby County Court of Appeals 09/18/02
Estate of James Sanderson

W2001-01938-COA-R3-CV
This case concerns the administration of an estate. The decedent's widow appeals the trial court's judgment claiming that it was error to deny her claim for an elective share of the estate. Appellant also alleges error in the finding that the administrator had not caused the estate to suffer monetary loss as a result of actions taken by him in his role as administrator. We affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:Roy B. Morgan, Jr.
Hardeman County Court of Appeals 09/18/02
State of Tennessee v. Rodney Williams

W2001-02606-CCA-R3-CD

The defendant, Rodney Williams, appeals his Shelby County Criminal Court conviction for aggravated robbery. He challenges the sufficiency of the convicting evidence and insists that the trial court erred in failing to suppress the victim's pretrial and in-court identification. We affirm.

Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Judge Chris B. Craft
Shelby County Court of Criminal Appeals 09/18/02
Robert May v. Woodlawn Memorial Park

M2001-02945-COA-R3-CV

This appeal involves a dismissal in circuit court of a general sessions appeal for failure of plaintiff-appellant to obtain a trial date within 45 days of the appeal pursuant to local rule of court. After the trial court's dismissal, plaintiff filed a motion to alter or amend pursuant to Tenn.R.Civ.P., Rules 59 and 60, which motion was denied. Plaintiff has appealed. We reverse and remand.

Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Judge Carol L. Soloman
Davidson County Court of Appeals 09/17/02
Tracy Renee Morris v. Robert Andrew Morris

M2001-02275-COA-R3-CV

This case involves a petition to change custody. The parents were divorced in July 1998. By agreement, custody of the parties' two minor children was awarded to the mother. In February 2001, while the children were staying with the father at the mother's request, he filed a petition to modify custody to make him the permanent custodial parent. In his petition, the father alleged a material change in circumstances, in that the mother had difficulty keeping a job, maintaining a home, and taking care of the children. The trial court granted the father's petition. The mother now appeals. We affirm, finding that the trial court did not err in finding a material change in circumstances and did not abuse its discretion in changing custody to the father.

Authoring Judge: Judge Holly M. Kirby
Originating Judge:Judge Muriel Robinson
Davidson County Court of Appeals 09/17/02
Patsy Mitchell vs. Dr. James Ensor

W2001-01683-COA-R3-CV
Patient brought medical malpractice action against physician and medical group, including allegations that physician failed to obtain the informed consent of female patient prior to administration of a testosterone injection. The circuit court entered judgment on a jury verdict in favor of physician and medical group. Patient appealed. We affirm and remand.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:D'Army Bailey
Shelby County Court of Appeals 09/17/02
Mitch Grissim & Associates v. Blue Cross & Blue Shield of Tennessee

M2001-02170-COA-R3-CV

This appeal involves a suit by an attorney against a former client for attorney fees allegedly due when the client terminated contingency fee contracts. The trial court denied plaintiff-attorney's motion for partial summary judgment and granted defendant-client's motion for summary judgment, holding that the attorney was not entitled to recover fees for services provided to the client prior to discharge. Plaintiff has appealed. We reverse and remand.

Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Judge Carol L. Mccoy
Davidson County Court of Appeals 09/17/02
Gabriel Dryden, et al. v. The Metropolitan Government of Nashville and Davidson County

M2001-02594-COA-R3-CV

This case involves a traffic accident and the application of the Tennessee Governmental Tort Liability Act. Plaintiff's vehicle was struck after Defendant failed to yield at an intersection. Defendant contended that the Metropolitan Government of Nashville and Davidson County (Metro) was partially at fault for its failure to properly warn motorists of the upcoming intersection. After Plaintiff and Defendant settled their suit, Defendant pursued a claim against Metro. The trial court granted Metro's motion for summary judgment, ruling that Metro was entitled to governmental immunity. We vacate the trial court's award of summary judgment and remand the case for further proceedings.

Authoring Judge: Judge David R. Farmer
Originating Judge:Judge Barbara N. Haynes
Davidson County Court of Appeals 09/17/02
In The Matter Of: C.N.S. and C.J.S.

M2001-02544-COA-R3-JV

The trial court terminated the parental rights of the mother of two young children on multiple grounds, including the mother's inability to meet their special needs. The mother argued on appeal that the grounds for termination were not proven by clear and convincing evidence. We affirm the trial court.

Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Judge George L. Lovell
Maury County Court of Appeals 09/17/02
Felix M. Woods, et al. v. James N. Faris

M2001-02901-COA-R3-CV

This appeal arises from an action brought by the plaintiff/seller to enforce an agreement made as an addendum to a contract for sale of a home purporting to give a mortgage to the seller. We find that both parties acted with unclean hands. Judgment of the trial court is affirmed in part, reversed in part, and this case is remanded for further proceedings consistent with this opinion.

Authoring Judge: Judge David R. Farmer
Originating Judge:Judge Ellen Hobbs Lyle
Davidson County Court of Appeals 09/17/02
Roger Clayton Morris v. Lola Jane Morris

W2002-00001-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:George R. Ellis
Gibson County Court of Appeals 09/17/02
Cavalier Metal vs. Johnson Controls

W2001-01057-COA-R3-CV
Cavalier Metal Corporation sued Johnson Controls, Inc. for a breach of contract. A jury awarded Cavalier $2,029,294.00 in damages. At its motion for new trial, Johnson Controls, Inc. presented two juror affidavits alleging that another juror who had worked at Johnson Controls, Inc. imparted to the jury her knowledge of the very facts and issues at dispute in the trial. JCI had challenged this juror for cause during voir dire, but its motion had been denied. The trial court held the affidavits inadmissable under Tennessee Rule of Evidence 606(b). For the following reasons, we reverse and remand for a new trial.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:C. Creed Mcginley
Henderson County Court of Appeals 09/17/02
Beale St. Dev. vs. George Miller

W2001-01133-COA-R3-CV
This is a disagreement over the exercise of an option contract. The Appellant asserts that he was prevented from exercising his option. For the reasons stated below, we affirm the trial court's ruling that the Appellant never made an unconditional tender of the funds required to exercise the option, and thus did not properly exercise the option during its term.
Authoring Judge: Presiding Judge Alan E. Highers
Shelby County Court of Appeals 09/17/02
Victoria Barnes vs. David Barnes

W2002-00428-COA-R3-CV
This appeal arises from a change of custody, from the Mother to the Father, granted by the trial court. We affirm, with the modification that Father be enjoined from smoking when either child is present.
Authoring Judge: Judge David R. Farmer
Originating Judge:Robert A. Lanier
Madison County Court of Appeals 09/17/02
General Construction vs. Greater St. Thomas Church

W2001-01588-COA-R3-CV
This appeal arises from a dispute over the construction of a church. Both parties alleged that the other breached the construction contract. The trial court found the Church to be in breach, awarded damages to the Contractor, and this appeal ensued. We affirm in part and reverse in part.
Authoring Judge: Judge David R. Farmer
Originating Judge:Floyd Peete, Jr.
Shelby County Court of Appeals 09/17/02
State v. Richard Hale Austin

W1999-00281-SC-DDT-DD
Authoring Judge: Justice Janice M. Holder
Originating Judge:C. Creed Mcginley
Shelby County Supreme Court 09/16/02
Dept of Children's Srvcs, vs. TLC

E2002-00699-COA-R3-CV
The Trial Court terminated the mother's parental rights on statutory grounds. On appeal, we affirm the Trial Court's Judgment.

Originating Judge:Suzanne Bailey
Hamilton County Court of Appeals 09/16/02
State of Tennessee v. Randal Wayne Faulk

M2001-02423-CCA-R3-CD

The defendant was convicted by a Davidson County jury of driving under the influence, third offense, and driving on a revoked license. He appeals only his DUI conviction, arguing the evidence was insufficient to support a finding that he was under the influence. We affirm the judgment of the trial court.

Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Frank G. Clement, Jr.
Davidson County Court of Criminal Appeals 09/16/02
Billy Joe Smith vs. Lisa Ricel

E2001-02436-COA-R3-CV
In this appeal from the Circuit Court for Johnson County the Appellant, Billy Joe Smith, asserts that the Circuit Court erred in denying his motion to alter or amend the Court's prior judgment dismissing his complaint for alleged violations of his civil rights upon grounds that the complaint failed to allege any causes of action other than violations of the United States Constitution. We affirm the judgment of the Circuit Court.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Thomas J. Seeley, Jr.
Johnson County Court of Appeals 09/16/02
State v. Richard Hale Austin

W1999-00281-SC-DDT-DD
Authoring Judge: Justice Janice M. Holder
Originating Judge:C. Creed Mcginley
Shelby County Supreme Court 09/16/02
State of Tennessee v. Kevin Island

W2001-02171-CCA-R3-CD

Kevin Island appeals from his Shelby County conviction of robbery. He claims that the evidence presented at trial was insufficient to sustain the conviction. We disagree and affirm.

Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Judge Bernie Weinman
Shelby County Court of Criminal Appeals 09/16/02
E2002-00442-COA-R3-JV

E2002-00442-COA-R3-JV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Thomas J. Wright
Greene County Court of Appeals 09/16/02
John David Neblett v. State of Tennessee

M2001-02450-CCA-R3-PC

The petitioner originally pled guilty to aggravated vehicular homicide, vehicular assault, and second offense driving on a revoked license. The trial court sentenced him to an effective sentence of twenty-four years. The effective sentence was affirmed on direct appeal. The petitioner sought post-conviction relief, alleging an unknowing guilty plea and ineffective assistance of counsel. The post-conviction court denied relief. In this appeal, the petitioner contends the post-conviction court erred in summarily dismissing the petition based solely upon the guilty plea transcript. We disagree and affirm the judgment of the post-conviction court.

Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge John H. Gasaway, III
Montgomery County Court of Criminal Appeals 09/16/02