APPELLATE COURT OPINIONS

Charles Crews (Dexter Ridge Shopping Center) vs. Michael Cahhal, et al.

W1999-02354-COA-R3-CV
This is a breach of contract case. The plaintiff developer leased space to a corporation for use as a restaurant. The shareholders of the corporation entered into a separate agreement with the developer to guarantee the lease. The corporation defaulted on the lease. The developer filed unlawful detainer warrants in general sessions court against both the corporation and the shareholder guarantors. Thereafter, the corporation filed for bankruptcy, thus staying the general sessions court proceedings as to the corporation. The general sessions court dismissed the entire action, including the claim against the guarantors, because the bankruptcy stay prevented the developer from recovering possession. This decision was appealed to circuit court. Meanwhile, the developer had filed a second lawsuit for breach of contract against the guarantors. The second lawsuit was consolidated with the appeal of the unlawful detainer action pending in circuit court. After a trial, the circuit court affirmed the dismissal of the unlawful detainer action and dismissed the breach of contract action based on the doctrine of former suit pending. This appeal followed. We reverse and remand, finding, inter alia, that the action in general sessions court against the guarantors was for breach of contract and, therefore, recovery of possession of the premises was not required in order to obtain an award of damages against the guarantors.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Karen R. Williams
Shelby County Court of Appeals 02/19/02
Alan Miller v. City of Murfreesboro

M2001-01478-COA-R9-CV
In this retaliatory demotion case, the City of Murfreesboro appeals the action of the trial court in denying a Motion for Summary Judgment as to all issues. We find no material evidence in the record to establish that the articulated reason for the demotion of these three police officers, all of whom are established by the record to be honest and competent officers, is pretextual. The judgment of the trial court is reversed, and summary judgment entered for Defendant as to all issues.
Authoring Judge: Judge William B. Cain
Originating Judge:John W. Rollins
Rutherford County Court of Appeals 02/19/02
Anthony Doty vs. Patrick Whalen

W2001-01854-COA-R3-CV
Petitioner-inmate filed a petition for writ of mandamus to require the defendants, prison warden and other officials, to restore visitation privileges of the plaintiff's girlfriend and to expunge from the prison records all references to the revocation of the visitation privileges and to the alleged sexual misconduct that precipitated the revocation. After a nonjury trial, the trial court entered an order of dismissal. Plaintiff has appealed. We affirm as modified and remand for further proceedings.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Dewey C. Whitenton
Hardeman County Court of Appeals 02/19/02
Anne Pope v. Leuty & Heath

M2001-00736-COA-R3-CV
The receivers of a group of insolvent life insurance companies brought a malpractice action against an accounting firm that had performed allegedly negligent audits of the companies. The accounting firm denied any negligence, and filed a third party complaint against its professional liability insurer, requesting payment of benefits under an expired policy. The trial court dismissed the third-party complaint, ruling that the insurance policy was a claims-made policy and that the insurer was no longer obligated to its former insured. The court certified its order as final for purposes of appeal. We have concluded that the trial court was correct, and we affirm its order.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 02/19/02
State of Tennessee v. Kenneth England

E2001-01253-CCA-R3-CD

The Defendant pled guilty to three counts of retaliation for past action, a Class E felony, and the trial court sentenced him to four years on community corrections. Three separate violation warrants were subsequently issued against the Defendant. Following a revocation hearing, the trial court revoked the Defendant’s placement on community corrections and ordered that the Defendant serve his original sentence in the Tennessee Department of Correction. The Defendant now appeals, arguing that the trial court erred in revoking his community corrections sentence and ordering him to serve his sentence in confinement. Finding no error, we affirm the judgment of the trial court.

Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge E. Shayne Sexton
Campbell County Court of Criminal Appeals 02/19/02
State of Tennessee v. Paul Payne, Jr.

W2001-00216-CCA-R3-CD

The defendant, Paul Payne, Jr., was convicted in a bench trial of driving under the influence of an intoxicant. The trial court imposed a sentence of 11 months and 29 days and suspended all but 48 hours. The defendant was fined $350.00. In this appeal of right, the defendant complains that the stop of his vehicle was unlawful, that the evidence at trial was insufficient, and that there was no reasonable basis for the administration of the blood alcohol test. The judgment is affirmed.

Authoring Judge: Presiding Judge Gary R Wade
Originating Judge:Judge Joseph H. Walker, III
Tipton County Court of Criminal Appeals 02/19/02
Eric Wallace v. State of Tennessee

W2000-02854-CCA-R3-CD

The petitioner, Eric Wallace, appeals the trial court's denial of his petition for post-conviction relief. The issues presented for review are (1) whether the petitioner received effective assistance of counsel; (2) whether the petitioner was denied the right to a speedy trial; and (3) whether the state used improper impeachment evidence. Because the evidence does not preponderate against the findings of the trial court, the order denying post-conviction relief is affirmed.

Authoring Judge: Presiding Judge Gary R. Wade
Originating Judge:Judge W. Otis Higgs, Jr.
Shelby County Court of Criminal Appeals 02/19/02
Dennis Osagie v. Peakload Temporary Services

M2001-00852-COA-R3-CV
An employee of a temporary services agency sued the agency for non-payment of wages and for discrimination. The trial court dismissed the claim for non-payment with prejudice, and the claim for discrimination without prejudice. We affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Hamilton V. Gayden, Jr.
Davidson County Court of Appeals 02/19/02
Trent Marcus vs. Lorraine Marcus

W2001-00906-COA-R3-CV
This case involves a petition to enroll a foreign judgment. The parties were married in Tennessee and later moved to North Carolina. While living in North Carolina, the parties separated and the husband filed for divorce in North Carolina. The wife filed a counterclaim for divorce in North Carolina, seeking permanent and pendente lite alimony. The North Carolina court ordered the husband to pay pendente lite alimony. While the North Carolina proceedings were pending, husband moved to Arkansas and obtained a divorce in Arkansas. In light of the Arkansas divorce, the wife filed a voluntary dismissal of her North Carolina counterclaim. The husband then filed a motion in North Carolina under a North Carolina statute, seeking reimbursement of the pendente lite alimony he had paid to the wife. The North Carolina court entered a judgment ordering the wife to reimburse the husband for the alimony payments. The wife did not file an appeal in North Carolina. The husband then filed a petition to enroll the North Carolina judgment in Tennessee. The Tennessee trial court enrolled the North Carolina judgment. The wife now appeals. We affirm, finding that the North Carolina court had subject matter jurisdiction under its statutes to enter the judgment and that the North Carolina judgment was not contrary to Tennessee public policy.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:George H. Brown
Shelby County Court of Appeals 02/19/02
State of Tennessee v. Jeannie Hudson

E2001-00377-CCA-R3-CD

After pleading guilty to aggravated assault and receiving a sentence of split confinement of three years with nine months to be served day-for-day, defendant appeals her sentence. She requests full probation or allowance of good conduct credits while serving the incarceration portion of her sentence. We affirm the denial of full probation and reverse that portion of the sentence that provides day-for-day service. We hold that a defendant sentenced to the county jail for less than one year is entitled to earn good conduct credits pursuant to Tennessee Code Annotated section 41-2-111(b).

Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Rex Henry Ogle
Sevier County Court of Criminal Appeals 02/19/02
Camila Ray v. State of Tennessee

E2001-01189-CCA-R3-PC

The petitioner appeals from the Knox County Criminal Court's denying her post-conviction relief from her especially aggravated robbery and especially aggravated kidnaping convictions and resulting concurrent fifteen-year sentences that she received in 2000 based upon her pleas of guilty. She contends that her guilty pleas resulted from the ineffective assistance of counsel in that counsel misadvised her about the percentage of her sentence that she would have to serve in confinement. We affirm the trial court's denial of relief.

Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge Ray L. Jenkins
Knox County Court of Criminal Appeals 02/19/02
State of Tennessee v. Kathryn Lee Adler

W2001-00951-CCA-R3-CD
The Fayette County Grand Jury returned an indictment against the defendant alleging one count of aggravated child neglect and a second count of aggravated child abuse. A jury convicted the defendant of the indicted charge of aggravated child neglect and the lesser-included offense of felony child abuse. The trial court sentenced the defendant to concurrent sentences of twenty years and two years, respectively. In this appeal, the defendant alleges (1) the evidence is insufficient to support the conviction for aggravated child neglect; (2) the applicable child abuse/neglect statutes are unconstitutionally vague and overbroad; (3) the trial court erred by refusing to charge reckless endangerment as a lesser-included offense of aggravated child neglect; and (4) the defendant's sentence is excessive. After a thorough review of the record, we find no reversible error and affirm the judgment of the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Jon Kerry Blackwood
Fayette County Court of Criminal Appeals 02/19/02
Kevin Sanders v. Jerry Mansfield

M2001-01893-COA-R3-CV
Plaintiffs appeal an injunction preventing them from interfering with county maintenance of a public road running through their property. We affirm the trial court in this matter and uphold the injunction against Plaintiffs.
Authoring Judge: Judge William B. Cain
Lincoln County Court of Appeals 02/19/02
Margaret Parker vs. Kroger Co.

W2001-01977-COA-R3-CV
Plaintiff, a Tennessee resident, slipped and fell in a Kroger store in Texas. Plaintiff sued defendant in Shelby County Circuit Court, and the parties agreed that Texas law was applicable. The trial court granted summary judgment for defendant, and plaintiff appeals. We reverse and remand.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:James F. Russell
Shelby County Court of Appeals 02/19/02
Dept. of Children Serv. vs. Davina Frazier

W2001-01935-COA-R3-JV
Minor child was removed from mother's custody because mother neglected to provide child with proper medical care and treatment. Mother entered into a permanency plan and child was temporarily placed with a family member. The trial court terminated mother's parental rights to the child, finding clear and convincing evidence that: (1) mother had not substantially complied with the conditions of the permanency plan; (2) there was little likelihood that the conditions leading to child's removal would be remedied in the near future, and that the continuation of the parent-child relationship would greatly diminish the child's chances of early integration into a safe, stable and permanent home. Mother has appealed. We affirm
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Christy R. Little
Madison County Court of Appeals 02/19/02
James Gunter v. Tim Emerton

M2001-00364-COA-R3-CV
In this action against a police officer for invasion of privacy by placing the plaintiff in false light the trial court granted summary judgment to the defendant. On appeal, the plaintiff claims that the trial judge erred by granting summary judgment on a defense not raised by the defendant. We affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:John J. Maddux
Overton County Court of Appeals 02/15/02
State of Tennessee v. Annetta Bell

M2001-00771–CCA-R3-CD

The defendant, Annetta Bell, was convicted after a bench trial of theft of property having a value less than $500.00. The trial court imposed a sentence of 11 months and 29 days. All but six months was suspended. In this appeal as of right, the defendant contends that the evidence was insufficient to support her conviction.

Authoring Judge: Presiding Judge Gary R. Wade
Originating Judge:Judge Donald P. Harris
Williamson County Court of Criminal Appeals 02/15/02
Jo Anne Silverman v. Krsna, Inc.

M2001-01921-COA-R9-CV-

Originating Judge:Hamilton V. Gayden, Jr.
Davidson County Court of Appeals 02/15/02
State of Tennessee v. Thaddeus Morris

W2001-01691-CCA-R3-CD

The defendant, Thaddeus Morris, was convicted of three counts of assault, three counts of reckless aggravated assault, one count of aggravated robbery, and one count of carjacking following a jury trial. The trial court merged the three assault convictions with the three reckless aggravated assault convictions and the aggravated robbery conviction with the carjacking conviction. The defendant was sentenced to seven years, six months for each of the reckless aggravated assault convictions, with two of the sentences to be served concurrently and the third to be served consecutively. For the carjacking conviction, the trial court sentenced the defendant to twelve years to be served consecutively to the third reckless aggravated assault sentence, for an effective sentence of twenty-seven years in the Department of Correction. On appeal, the defendant argues: (1) the evidence was insufficient to support his convictions for carjacking and aggravated robbery; (2) the trial court erred by not including "moral certainty" in its jury instruction on reasonable doubt; (3) cumulative error occurred during the trial; and (4) the trial court erred in imposing consecutive sentencing. After a careful review of the record, we affirm the judgment of the trial court.

Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge Chris B. Craft
Shelby County Court of Criminal Appeals 02/15/02
Perr Y M Ar Ch v. Law Renc E Levine,

M2000-02955-COA-R3-CV

Originating Judge:Frank G. Clement, Jr.
Davidson County Court of Appeals 02/15/02
Nashville Sash & Door . v. TriStar Builders

M2001-01160-COA-R3-CV
In this case Nashville Sash and Door, Inc. sued Tristar Builders, Inc. and its two stockholders, Robert J. Ivy and Richard L. Cammeron on a debt arising from credit extended under an application of credit. At the conclusion of the plaintiff's proof the trial judge granted the defendants motion under Rule 41 of the Tennessee Rules of Civil Procedure and dismissed the complaint. Nashville Sash and Door, Inc. has appealed that decision. We affirm the Trial Court.
Authoring Judge: Chancellor Jeffrey F. Stewart
Originating Judge:Walter C. Kurtz
Davidson County Court of Appeals 02/15/02
Southwest Williamson County Community Assoc. v. J. Bruce Saltsman

M2001-00654-COA-R3-CV
A group of Williamson County residents whose property was threatened by highway construction filed a Petition for a Declaratory Order against the Tennessee Department of Transportation. They argued that the Department violated the statute that authorized the project by not complying with the environmental standards for construction of an interstate highway. The Administrative Law Judge denied the petition, and the trial court affirmed the ALJ. We affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Irvin H. Kilcrease, Jr.
Williamson County Court of Appeals 02/15/02
Clint Lowe v. Wal-Mart Stores, Inc.

M2001-00513-WC-R3-CV
After being informed by his employer that he could see no more physicians, the plaintiff nevertheless sought additional treatment for a neck injury which resulted in a surgical correction. The trial judgment ordered these unauthorized expenses to be paid by the employer. We affirm.
Authoring Judge: William H. Inman, Sr. J.
Originating Judge:Ellen Hobbs Lyle, Chancellor
Davidson County Workers Compensation Panel 02/15/02
State of Tennessee v. Greg Stewart

M2001-01056-CCA-R3-CD

Pursuant to a bench trial, the appellant, Greg Stewart, was convicted of two counts of simple possession of a controlled substance. The trial court sentenced the appellant to two concurrent terms of eleven months and twenty-nine days incarceration in the Coffee County Jail. On appeal, the appellant contests the trial court's denial of his motion to suppress the drug evidence due to the lack of proper consent to the search. 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 John W. Rollins
Coffee County Court of Criminal Appeals 02/15/02
Perry March v. Lawrence Levine, et al

M2000-01955-COA-R3-CV
Authoring Judge: Judge William B. Cain
Originating Judge:Frank G. Clement, Jr.
Davidson County Court of Appeals 02/15/02