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| Mark Tinsley v. Suzanne Tinsley
M2001-02319-COA-R3-CV
Mother sought modification of child support and a judgment against Father for contempt in the form of retroactive child support due to his failure to supply her with a yearly statement of his income as required by the final divorce decree. The trial court ordered a modification of the prospective child support, determining the amount of the obligation by averaging Father's fluctuating income for the three years prior to the hearing and awarded Mother a $54,192.00 judgment for retroactive child support during the five years that Father failed to provide his income statements to Mother. Because the trial court correctly calculated the prospective child support obligation, we affirm the amount of Father's monthly obligation in the amount of $1,300.00 from the date the petition was filed. However, because the trial court has no authority to award retroactive child support modification, we vacate the $54,192.00 judgment for retroactive child support. We remand the case for further proceedings to set reasonable attorney fees.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Robert E. Burch |
Cheatham County | Court of Appeals | 02/22/02 | |
| State vs. Walter Lee Allen
E1998-00416-SC-R11-CD
Authoring Judge: Justice Janice M. Holder
Originating Judge:Ben W. Hooper, II |
Jefferson County | Supreme Court | 02/22/02 | |
| Steven Bohanon, et al vs. Jones Bros., Inc.
M1998-00954-COA-R3-CV
This appeal involves a property damage claim arising from blasting activities incident to the construction of improvements to State Highway 52 in Macon County. Two neighboring property owners filed suit against the contractor responsible for the blasting in the Circuit Court for Macon County seeking actual and punitive damages. A jury returned a verdict for the contractor, and the trial court denied the property owners' post-trial motions. The property owners assert on this appeal that the trial court erred by permitting the introduction of incompetent evidence regarding compliance with the Tennessee Blasting Standards Act of 1975 and by failing to give a promised curative instruction. They also challenge the evidentiary support for the verdict. We have determined that the trial court did not commit reversible error either by admitting the evidence regarding the contractor's seismic monitoring or by overlooking the requested curative instruction. We also decline to second-guess the verdict to the extent that it rested on an assessment of the property owners' credibility regarding the nature and extent of the damages caused by the blasting. Accordingly, we affirm the judgment.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Ernest B. Pellegrin |
Macon County | Court of Appeals | 02/22/02 | |
| Cecelia Hutcheson v. Andrew W. Hutcheson
M2000-02340-COA-R3-CV
On August 18, 2000, Appellant was held to be in civil contempt of court for failure to pay alimony and failure to deliver property to his former wife in compliance with the previous divorce judgment in the case. We affirm the judgment of the trial court.
Authoring Judge: Judge William B. Cain
Originating Judge:Arthur E. Mcclellan |
Sumner County | Court of Appeals | 02/22/02 | |
| Sylvester Young v. Leah Barrow
M2001-00876-COA-R3-CV
This appeal arises out of a minor intersection accident. The complaints of the driver and passenger of one of the motor vehicles against the driver of the second motor vehicle were consolidated in the Circuit Court for Davidson County. The trial court granted a directed verdict against the plaintiff driver at the close of the plaintiffs' proof. Thereafter, the plaintiff driver filed a second lawsuit against the defendant driver and her insurer. The trial court dismissed the second suit on the ground of res judicata and granted the insurer's motion for a judgment on the pleadings. The plaintiff driver has perfected this appeal. We affirm the dismissal of his second complaint.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Marietta M. Shipley |
Davidson County | Court of Appeals | 02/22/02 | |
| State vs. Walter Lee Allen
E1998-00416-SC-R11-CD
Authoring Judge: Justice Janice M. Holder
Originating Judge:Ben W. Hooper, II |
Jefferson County | Supreme Court | 02/22/02 | |
| Thomas Dyer v. TDOC
M2001-01446-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 02/22/02 | |
| Jeffrey Haithcote v. Donal Campbell
M2001-01828-COA-R3-CV
A prisoner convicted of numerous crimes filed a Petition for Declaratory Judgment, arguing that the Department of Correction had erred in its calculation of his sentence expiration date, and that he was entitled to be released. The Department stood by the correctness of its calculations. The petitioner's sentence expired during the course of the proceedings, and he was released. The trial court then dismissed the petition as moot. We affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 02/22/02 | |
| Mark Percy v. Dept of Correction
M2001-01629-COA-R3-CV
This appeal involves a dispute between a multiple rapist and the Tennessee Department of Correction regarding the prisoner's sentence expiration date. The prisoner filed a petition for a declaratory order in the Chancery Court for Davidson County asserting that the Department had misclassified him and that he was eligible to be released because his sentence had expired. The Department responded with a motion for summary judgment supported by an affidavit of a sentencing technician asserting that the prisoner had been correctly classified and that his sentence had not expired. The trial court granted the summary judgment and dismissed the petition. We find that the trial court reached the correct result, and, therefore, we affirm the judgment dismissing the prisoner's petition.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 02/22/02 | |
| Thomas Dyer v. TDOC
M2001-01446-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:William C. Koch |
Davidson County | Court of Appeals | 02/22/02 | |
| Nicole Keeler v. Michael Keeler
M2001-00684-COA-R3-CV
In this divorce case, the trial court awarded the parties joint custody of their minor children, with primary physical custody awarded to the father. The mother contends on appeal that she is the more fit parent and should have been given primary custody. We affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Carol A. Catalano |
Montgomery County | Court of Appeals | 02/22/02 | |
| James Emmett Moses, Jr. v. State of Tennessee
W2001-01394-CCA-R3-PC
The Petitioner pleaded guilty to one count of aggravated burglary, two counts of robbery and one count of theft under $500.00. Following a sentencing hearing, the trial court sentenced the Petitioner as a Range III persistent offender to twelve years for the aggravated burglary conviction, thirteen years for each of the robbery convictions, and eleven months and twenty-nine days for the misdemeanor theft conviction. The sentencing court imposed consecutive sentences for the robbery convictions, resulting in an effective sentence of twenty-six years in the Tennessee Department of Correction. This Court affirmed the sentences on appeal, and the Tennessee Supreme Court denied the Petitioner's application for permission to appeal. The Petitioner subsequently filed for post-conviction relief, claiming that his plea was constitutionally defective because he was inadequately represented and that his plea was not voluntarily, knowingly, and intelligently entered. The trial court denied relief. After review, we affirm the judgment of the trial court.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Joseph H. Walker, III |
Lauderdale County | Court of Criminal Appeals | 02/22/02 | |
| Harrison M.X. Pearison v. Donal Campbell,
M2000-01105-COA-R3-CV
Originating Judge:Carol L. Soloman |
Davidson County | Court of Appeals | 02/22/02 | |
| Tony Makoka v. Howard Cook
M2001-01013-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 02/22/02 | |
| Estate of Theresa Cunningham
M2001-01965-COA-R3-CV
The plaintiff filed a claim against the estate of the deceased more than eighteen months after the first publication of notice to creditors and twenty months after her death. The trial court granted him a judgment against the estate for the full amount of his claim. We reverse.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Floyd Don Davis |
Franklin County | Court of Appeals | 02/22/02 | |
| Lisa Davis v. Charles Jensen
M2001-00973-COA-R3-CV
Appellant, an incarcerated prisoner in the Department of Corrections of California, appeals the action of the Juvenile Court of Williamson County in terminating his parental rights to his biological child. He refused to participate in the termination hearing by means of telephonic communication as authorized by the trial court demanding, instead, that the trial court either continue the case until after his release from confinement, or have him transported from California to Williamson County for personal participation. The trial court held that he waived his right to participation in the termination proceedings and terminated his parental rights. We affirm the trial court.
Originating Judge:Alfred L. Nations |
Williamson County | Court of Appeals | 02/22/02 | |
| William Steele v. Richard Berkman
M2001-02250-COA-R10-CV
This appeal arises from a medical malpractice complaint filed by the Appellees in the Circuit Court of Davidson County against the Appellant, six other doctors, and two hospitals. The Appellant filed a motion for summary judgment. The trial court denied the Appellant's motion for summary judgment. The Appellant filed an application for extraordinary appeal with this Court pursuant to Rule 10 of the Tennessee Rules of Appellate Procedure. This Court granted the application for extraordinary appeal. For the reasons stated herein, we reverse the trial court's denial of summary judgment against the Appellant.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Hamilton V. Gayden, Jr. |
Davidson County | Court of Appeals | 02/22/02 | |
| Tony Makoka v. Howard Cook
M2001-01013-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 02/22/02 | |
| Christy Bauer vs. William Bauer
M2001-00266-COA-R3-CV
In this divorce case, the Trial Court awarded custody of the child of the parties to the mother, and awarded attorney fees to the mother. Father has appealed these awards. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Russell Heldman |
Williamson County | Court of Appeals | 02/22/02 | |
| W2001-01941-COA-R3-JV
W2001-01941-COA-R3-JV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Christy R. Little |
Madison County | Court of Appeals | 02/22/02 | |
| Jack Charles Blankenship v. Donal Campbell, et al
M2001-01014-COA-R3-CV
This appeal involves a dispute between a prisoner and the Tennessee Department of Correction regarding the prisoner's sentence credits and eligibility for parole. The prisoner filed a petition for declaratory judgment in the Chancery Court for Davidson County requesting the correction of his sentence and an immediate parole hearing. The Department filed a motion for summary judgment based on laches. When the prisoner failed to respond to the motion, the trial court granted the summary judgment in accordance with Davidson County Local R. 26.04(c), (f). Thereafter, the trial court denied the prisoner's motion to set aside the summary judgment, and the prisoner has appealed. We have determined that the summary judgment must be vacated because the Department's motion and supporting affidavit do not demonstrate that it is entitled to a judgment on its laches defense as a matter of law.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 02/22/02 | |
| Paul Ivy v. Tennessee Department of Correction
M2001-01219-COA-R3-CV
This appeal involves a dispute between a prisoner and the Department of Correction regarding a disciplinary proceeding at the Deberry Special Needs Facility in Davidson County. The prisoner filed a petition for writ of certiorari in the Chancery Court for Davidson County alleging the disciplinary board acted illegally, arbitrarily, and vindictively by violating the Department's Uniform Disciplinary Procedures when it disciplined him for attempted escape. The Department filed a Tenn. R. Civ. P. 12.02(6) motion to dismiss, and the trial court, citing Sandin v. Conner, 512 U.S. 472, 115 S.Ct. 2293 (1995), dismissed the petition. The prisoner has appealed. We have determined that the order dismissing the prisoner's petition should be reversed in part and that the case should be remanded for further consideration in light of Willis v. Tennessee Dep't of Corr., 113 S.W.3d 706 (Tenn. 2003).
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 02/22/02 | |
| State of Tennessee v. Jeret Phillips
E2001-00987-CCA-R3-CD
Defendant, Jeret Phillips, appeals from the order of the Sullivan County Criminal Court which revoked Defendant's probation and required him to serve his sentence in the Tennessee Department of Correction. After a thorough review of the record, we affirm the judgment of the trial court.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge Phyllis H. Miller |
Sullivan County | Court of Criminal Appeals | 02/22/02 | |
| State of Tennessee v. Billy Harold Arnold
E2000-03157-CCA-R3-CD
The defendant, Billy Harold Arnold, appeals his misdemeanor theft conviction for which the Sullivan County Criminal Court sentenced him to eleven months twenty-nine days, all suspended except for thirty days confinement, "day for day." He contests the sufficiency of the evidence, the admission into evidence of prior similar conduct, and his sentence. We affirm the trial court, although we also note that a "day for day" term of confinement does not bar application of relevant good conduct credit statutes.
Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge Phyllis H. Miller |
Sullivan County | Court of Criminal Appeals | 02/22/02 | |
| State of Tennessee v. Timothy S. Oglesby
M2000-02134-CCA-R3-CD
The appellant, Timothy S. Oglesby, pled guilty to the offense of felonious possession of a weapon. He received a two (2)-year sentence. Contemporaneously with the entry of the guilty plea the appellant and the State entered an agreed order purporting to reserve a certified question of law for appeal pursuant to Tennessee Rule of Criminal Procedure 37(b)(2)(i). The certified question of law alleged to be dispositive of the case is stated in the agreed order as “the denial of his suppression motion.” We hold that the absence in the judgment of the certified question of law or of a statement incorporating the agreed order into the judgment compels a dismissal of this appeal. In addition, the failure of the agreed order to set forth the certified question with sufficient specificity compels the dismissal of this appeal even if the agreed order had been incorporated by reference into the judgment.
Authoring Judge: Judge Jerry L. Smith
Originating Judge:Judge L. Craig Johnson |
Coffee County | Court of Criminal Appeals | 02/21/02 |