| Donna Marcom v. Pca Apparel Industries, Inc. and WaUSAu
M2000-00377-WC-R3-CV
The trial court found the plaintiff had suffered an injury arising out of her employment with the defendant and awarded her a vocational disability of sixty (6%) percent to the left leg. The defendant argues that the evidence does not support the award of sixty (6%) percent to the left leg based on an anatomical rating of twelve (12%) percent. We affirm the judgment of the trial court.
Authoring Judge: Tom E. Gray, Sp.J.
Originating Judge:John Rollins, Chancellor |
Coffee County | Workers Compensation Panel | 10/13/00 | |
| William Henderson vs. Donal Campbell
M2000-00411-COA-R3-CV
This is an appeal by a prison inmate from a dismissal of his suit for declaratory judgment in the Chancery Court of Davidson County. The trial court dismissed the claim pursuant to Tennessee Code Annotated section 41-21-804 for failure to state a claim on which relief could be granted. We affirm.
Authoring Judge: Judge William B. Cain
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 10/13/00 | |
| State vs. Charles B. Sullivan
M1999-02547-CCA-R3-CD
Charles B. Sullivan entered guilty pleas in the Davidson County Criminal Court to three counts of aggravated rape, one count of especially aggravated burglary, three counts of aggravated burglary, and one count of rape, for which the trial court imposed an effective sentence of fifty-nine years. In this appeal as of right, the appellant contends that the individual sentences are excessive and that partial consecutive sentences are not warranted. After review, we affirm.
Authoring Judge: Judge David G. Hayes
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Criminal Appeals | 10/13/00 | |
| State vs. Thomas Edward Ford
M1999-2362-CCA-R3-CD
The appellant, Thomas Edward Ford, was convicted of Class C felony aggravated assault and Class D vandalism. The Circuit Court of Warren County sentenced the appellant to five years for aggravated assault and two years for vandalism. The sentences were ordered to run consecutively. Upon appeal, the appellant raises the following issues for review: (1) propriety of the five-year sentence; (2) imposition of consecutive sentences; (3) sufficiency of the evidence for aggravated assault; and (4) misleading jury instruction. After review, we find no error. Accordingly, the judgment of the Circuit Court of Warren County is affirmed.
Originating Judge:Charles D. Haston, Sr. |
Warren County | Court of Criminal Appeals | 10/13/00 | |
| In re: K.D.D. (DOB 9/20/96) and B.T.D. (DOB 1/13/98)
M2000-01554-COA-R3-JV
The Juvenile Court terminated the parental rights of a mother to her young children. The mother appealed, arguing that she was not given an adequate opportunity to defend those rights. We find that she voluntarily failed to avail herself of the opportunities that were offered to her, and we affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Barry Tatum |
Wilson County | Court of Appeals | 10/13/00 | |
| William H. Jett v. State of Tennessee
M1999-01409-CCA-R3-PC
Authoring Judge: Judge David H. Welles
Originating Judge:Steve R. Dozier |
Davidson County | Court of Criminal Appeals | 10/13/00 | |
| State vs. Coley
M1997-00116-SC-R11-CD
Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:Donald P. Harris |
Williamson County | Supreme Court | 10/13/00 | |
| Thomas Gammons v. Peterbilt Motors Company,
M1999-02575-WC-R3-CV
The trial court found the plaintiff had sustained a permanent partial disability to his right arm of sixty percent, which would entitle him to one-hundred twenty weeks of partial permanent disability. The defendant argues the trial judge erred in setting the amount of the award because the treating physician fixed the medical impairment rating at six percent, and the independent medical examiner fixed the rate at thirty-four percent; the trial judge used neither of these ratings to reach the amount awarded. We affirm the judgment of the trial court.
Authoring Judge: John K. Byers, Sr. J.
Originating Judge:J. O. Bond, Judge |
Macon County | Workers Compensation Panel | 10/13/00 | |
| Arms vs. Stanton
M2000-00811-COA-R3-CV
In what started out as an order of protection proceeding but later turned into a "divorce" action, the original plaintiff, James Vertner Arms, who was the counter-defendant in the "divorce" case, filed a third-party action against Richard D. Stanton, individually and doing business as Shiloh Family, Ltd. ("Stanton"). Stanton had purchased a tract of real property from the counter-plaintiff, Tammy Lou Arms, subsequent to the institution of her "divorce" action against Mr. Arms. The trial court determined that Mr. Arms and Tammy Lou Arms were not validly married; it proceeded to set aside the transfer as a fraudulent conveyance and awarded Stanton a judgment against Tammy Lou Arms for $50,000. Stanton appeals, arguing that the trial court erred in setting aside the conveyance. We reverse.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Carol A. Catalano |
Montgomery County | Court of Appeals | 10/12/00 | |
| Fain v. Fain
M1999-02261-COA-R3-CV
In this post-divorce proceeding, Clifton Dean Fain ("Father") filed a petition seeking sole custody of the parties' minor child. Susan Lorraine Fain ("Mother") counterclaimed for a modification of the joint custody arrangement or, in the alternative, for sole custody of the child. The trial court awarded Mother sole custody. Father appeals the award of sole custody to Mother. He also challenges the award of attorney's fees to Mother and questions the fairness of the quantum of his visitation time with the child. Mother seeks attorney's fees for this appeal. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Russell Heldman |
Williamson County | Court of Appeals | 10/12/00 | |
| Sweatt vs. Bd. of Paroles
M1999-02265-COA-R3-CV
Appellant Antonio L. Sweatt brings this Petition for a Common Law Writ of Certiorari regarding the Tennessee Board of Paroles' decision to deny him parole based on the seriousness of the offense that he committed. Appellant avers that the Board of Paroles acted illegally or arbitrarily in denying his parole because appellant asserts that his guilty plea agreement included the agreement that he would only serve thirty percent of his twenty-five-year sentence and then he would be released on parole.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 10/12/00 | |
| Mandrell vs. McBee
M2000-00108-COA-R3-CV
This is a partnership dispute occasioned by the misappropriation of partnership funds by two of the five partners. In an earlier appeal in this case, this Court affirmed the judgment of the Trial Court awarding damages to the innocent partners but increased the amount of that judgment. This Court then remanded the case to the Trial Court, which heard further proof and made findings as to the distribution of partnership assets. In this appeal, a Defendant partner seeks reversal of the Trial Court's valuation and accounting of the partnership assets and computation of prejudgment interest. We find the concurrent findings of fact by the Special Master and the Trial Court are supported by material evidence in the record, and that the Special Master and the Trial Court properly interpreted this Court's earlier Opinion. Accordingly, we affirm the decision of the Trial Court in all respects.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Robert E. Corlew, III |
Rutherford County | Court of Appeals | 10/12/00 | |
| Cumberland Bank vs. Smith
M2000-00052-COA-R3-CV
A creditor filed an action to sell a parcel of the debtor's real estate to satisfy a judgment lien on the property. The Chancery Court of Smith County granted the relief requested. The judgment debtor asserts on appeal that the underlying judgment and a nulla bona sheriff's return are void. For the reasons set forth in our opinion below, we affirm the action of the lower court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:C. K. Smith |
Smith County | Court of Appeals | 10/12/00 | |
| Next Generation, Inc. vs. Wal-Mart
M2000-00114-COA-R3-CV
In this contract dispute, the jury awarded damages to Wal-Mart, Inc., and the Trial Court concurred. Next Generation, Inc., appealed raising issues as to the admissibility of evidence and the Trial Court's instructions to the jury. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Thomas W. Brothers |
Davidson County | Court of Appeals | 10/12/00 | |
| Next Generation, Inc. vs. Wal-Mart
M2000-00114-COA-R3-CV
In this contract dispute, the jury awarded damages to Wal-Mart, Inc., and the Trial Court concurred. Next Generation, Inc., appealed raising issues as to the admissibility of evidence and the Trial Court's instructions to the jury. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Thomas W. Brothers |
Davidson County | Court of Appeals | 10/12/00 | |
| Burgess vs. Tie Co. 1, LLC
M1999-02232-COA-R3-CV
In this slip and fall action the Trial Court granted defendant summary judgment. We vacate and remand.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:L. Craig Johnson |
Coffee County | Court of Appeals | 10/12/00 | |
| General Bancshares vs. Volunteer Bank & Trust
M2000-00231-COA-R3-CV
The Plaintiff, General Bancshares, Inc., filed a declaratory judgment action asking the Trial Court to declare a restrictive covenant in its warranty deed unenforceable. Defendant Volunteer Bank & Trust's predecessor in title of the property at issue originally placed the restriction on the property several years ago. Plaintiff contends, among other arguments, that the restrictive covenant does not bind it as a remote grantee because the restrictive clause does not contain specific "successors and assigns" language. Both parties filed Motions for Summary Judgment, and the Trial Court granted Defendant's Motion. Plaintiff appeals. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:John W. Rollins |
Marion County | Court of Appeals | 10/12/00 | |
| Associates Home Equity Svcs. v. Franklin National Bank
M2000-00516-COA-R3-CV
In this appeal Associates, a mortgage company, appeals the trial court's holding that it was not entitled to equitable subrogation to the rights and priority of earlier mortgagees whose loans it paid off. Franklin, another mortgage company, made a loan to the same property owners one day before Associates made its loan and recorded its deed of trust three days before Associates recorded its deed of trust to the same real property. Associates claims that, although Franklin recorded first, Associates is entitled to priority pursuant to the doctrine of equitable subrogation. Franklin filed a Motion for Judgment on the Pleadings, which the trial court granted. We find that because the remedy of equitable subrogation is an equitable one dependent upon the facts and circumstances of the situation and the equities between the parties, judgment on the pleadings was inappropriate.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 10/11/00 | |
| Mayhew vs. Wilder
M2000-01948-COA-R10-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Hamilton V. Gayden, Jr. |
Davidson County | Court of Appeals | 10/11/00 | |
| State vs. Jason Weiskopf
W2000-02308-CCA-RM-CD
This case is before the court upon remand from the Supreme Court of Tennessee for reconsideration in light of State vs. Nichols, ___ S.W.3d ___ (Tenn. 2000). Previously, this court found the "weigh and consider" jury instruction to be in violation of due process. Nichols reached a contrary conclusion; therefore, we now affirm the judgment of the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Arthur T. Bennett |
Shelby County | Court of Criminal Appeals | 10/11/00 | |
| Scott Lewis Phillips v. Tennessee Home Improvements, Inc.
M1999-01477-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with the Tenn. Code Ann. _5-6-225(e)(3) for hearing and reporting findings of fact and conclusions of law. The appellant, a vinyl siding company, contends the trial court erred in finding a siding installer to be an employee rather than an independent contractor. The panel has concluded that the judgment of the trial court finding the installer to be an employee should be affirmed.
Authoring Judge: Frank G. Clement, Jr., Sp.J.
Originating Judge:Clara Willis Byrd, Judge |
Scott County | Workers Compensation Panel | 10/11/00 | |
| Harold W. Ferrell, Sr. v. Cigna Property & Casualty Ins. Co., et al
M1999-02587-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann. Section 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The appellants, APAC-Tennessee, Inc. and Cigna Property & Casualty Insurance Co., contend that the trial court erred in finding that the plaintiff was twenty percent (2%) vocationally disabled and awarding him permanent partial disability benefits totaling $39,36.. They argue that the plaintiff could not be vocationally disabled because prior to his injury he had already planned to retire as a result of a preexisting arthritic condition. In other words, since the plaintiff had decided to stop working, he should not recover benefits which relate to future employability and earning capacity. We reject this argument for the reasons stated below, and affirm the judgment of the trial court in its entirety.
Authoring Judge: Frank F. Drowota, III, J.
Originating Judge:Richard Mcgregor, Judge |
Warren County | Workers Compensation Panel | 10/11/00 | |
| State vs. David Wayne Salley
E1999-00203-CCA-R3-CD
David Wayne Salley appeals from his conviction of aggravated rape. He raises issues related to sufficiency of the evidence, jury instructions on lesser-included offenses, admission of evidence obtained pursuant to search warrants, impeachment of the defendant with prior violent felony convictions, exclusion of evidence of consensual sexual relations with the then-minor victim 21 years before the crime, deficient notice that the state was seeking Range III classification for sentencing, and an excessive sentence. Because there is no error requiring reversal, we affirm.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Phyllis H. Miller |
Sullivan County | Court of Criminal Appeals | 10/11/00 | |
| Mayhew vs. Wilder
M2000-01948-COA-R10-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Hamilton V. Gayden, Jr. |
Davidson County | Court of Appeals | 10/11/00 | |
| State vs. Samuel Pegues
W1999-01865-CCA-R3-CD
The Defendant, Samuel Pegues, was convicted of second degree murder after a jury trial. In this appeal as of right, the Defendant asserts that the evidence presented at trial is insufficient to sustain his conviction, that the trial court erred by denying proposed testimony regarding statements made by the victim on the night of the incident, and that the trial court erred by excluding the Defendant's testimony regarding statements made by the victim that she had stabbed or cut someone. We conclude that the evidence is sufficient to sustain the conviction, that the trial court did err by denying the proposed testimony of statements made by the victim but that such error was harmless, and that the Defendant has waived his issue regarding the statements of the victim that she had stabbed or cut someone. Accordingly, we affirm the judgment of the trial court.
Authoring Judge: Judge David H. Welles
Originating Judge:John Franklin Murchison |
Madison County | Court of Criminal Appeals | 10/11/00 |
