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| Patsy (Stiles) Templeton vs. Jeffrey Stiles
M1999-02388-COA-R3-CV
This appeal arises from a hearing in the Circuit Court of Warren County wherein the court divided the property of the Appellant and the Appellee following their divorce. In relevant part, the trial court awarded all the guns and retirement accounts to the Appellee and refused to hear the Appellant's testimony concerning improvements made to the real estate. The Appellant appeals from the order of the Circuit Court of Warren County, dividing the property of the Appellant and the Appellee. For the reasons stated herein, we affirm in part and reverse in part the trial court's decision.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Charles D. Haston, Sr. |
Warren County | Court of Appeals | 03/20/01 | |
| George Scott vs. Linda Scott
M1999-00322-COA-R3-CV
This appeal involves a post-divorce dispute over child support. Fifteen months after the parties were divorced in the Circuit Court for Davidson County, the custodial spouse petitioned the trial court to increase the noncustodial spouse's child support obligation because he was voluntarily underemployed and to hold the noncustodial spouse in criminal contempt. After being threatened with Tenn. R. Civ. P. 11 sanctions, the custodial spouse abandoned her criminal contempt allegations. Following a hearing, the trial court found that the noncustodial spouse was not voluntarily underemployed but increased his child support prospectively because of an anticipated increase in his income. On this appeal, the custodial parent takes issue with the trial court's refusal to find that the noncustodial parent was voluntarily underemployed, to make the increased child support retroactive to the date of her petition, and to award her only a portion of her legal expenses. We affirm the trial court and further find that the custodial spouse is not entitled to an additional award for the legal expenses she has incurred on this appeal.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 03/20/01 | |
| Cary Whitehead/Homer Bunker vs. Jim Rout
W2000-01239-COA-R3-CV
This appeal involves a dispute over the sale of a tract of land to Shelby County for a road project. The trial court granted summary judgment to Shelby County. For the following reasons, we affirm.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 03/20/01 | |
| State of Tennessee v. Lawrence Wyatt
W2000-01672-CCA-R3-CD
The defendant appeals from his convictions for conspiracy to commit aggravated robbery and facilitation of aggravated robbery. He contends that the evidence is insufficient to support his convictions and that his sentences are excessive. We affirm the judgments of the trial court.
Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge Roger A. Page |
Madison County | Court of Criminal Appeals | 03/19/01 | |
| State of Tennessee v. Robert N. Rogers
E2000-00866-CCA-R3-CD
The defendant contends that the trial court erroneously ordered service of his original sentences upon the revocation of his probation. We affirm the trial court's judgment.
Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 03/19/01 | |
| Glenna Fink vs. Richard Fink
E2000-02468-COA-R3-CV
Glenna C. Fink ("Wife") filed a Complaint for Divorce against Richard H. Fink ("Husband") on the grounds of inappropriate marital conduct and irreconcilable differences. Husband filed an Answer and Counter-Complaint seeking a divorce on the same grounds. The Trial Court awarded the divorce to Wife and dismissed Husband's Counter-Complaint. The parties agreed to the sale of the marital residence, and the Trial Court awarded Wife $14,000.00 in attorney's fees out of the sale of the proceeds, with the remaining proceeds from the sale to be split 55% to Wife and 45% to Husband. Wife was awarded the full interest in her retirement/disability benefits. The Trial Court also determined that certain sums which Husband claimed were marital property were actually a gift to the parties' minor daughter and the daughter was, therefore, entitled to keep these funds. The Trial Court further awarded Wife $450.00 per month as alimony in futuro. Husband filed a Motion pursuant to Rules 59.02 and 59.04 of the Tenn. R. Civ. P. challenging these determinations. The Trial Court denied Husband's motion, and Husband appeals. We affirm, award Wife attorney's fees incident to this appeal, and remand this matter to the Trial Court for a determination of the amount of reasonable attorney's fees incurred by Wife on appeal.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Telford E. Forgerty, Jr. |
Knox County | Court of Appeals | 03/19/01 | |
| Colonial Baking Com Pany v. Clayton Barrett
M1999-02276-WC-R3-CV
A court-approved settlement limited the employee to authorized, reasonable and necessary medical expenses resulting from the employee's injuries for a period of two years from the settlement. The employee appeals the trial court's denial of his Motion for Relief from Order seeking relief from the order approving the settlement, pursuant to Rule 6.2, of the Tennessee Rules of Civil Procedure. We affirm the trial court and dismiss the appeal.
Authoring Judge: Howell N. Peoples, Special Judge
Originating Judge:Ellen Hobbs Lyle, Chancellor |
Clay County | Workers Compensation Panel | 03/19/01 | |
| Judy Hall Travis vs. Kenneth D. Travis, Jr.
E2000-01043-COA-R3-CV
This appeal from the Hamblen County Chancery Court questions whether the Trial Court erred in finding that a portion of the value of the marital residence is the separate property of the Appellee, Kenneth D. Travis, Jr.,and whether the Trial Court abused its discretion by allowing Mr. Travis to claim the parties' minor children as dependents for federal income tax purposes, by failing to award the parties joint custody of their minor children, and in setting Mr. Travis's visitation schedule. We reverse in part, affirm in part and remand for further proceedings, if any, consistent with this opinion. We adjudge costs of the appeal against Judy Hall Travis and Kenneth D. Travis, Jr. equally.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Thomas R. Frierson, II |
Hamblen County | Court of Appeals | 03/16/01 | |
| In the Matter of Ray Allen Smith
E2000-00321-COA-R3-CV
This is a suit by an inmate to have his last name changed to that of his mother's maiden name. Upon the incarcerated Petitioner not appearing when the case was called for trial, it was dismissed. We vacate and remand.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Frank V. Williams, III |
Morgan County | Court of Appeals | 03/15/01 | |
| Patricia Baker vs. Tiffany Hooper, et al
E2000-01615-COA-R3-CV
Plaintiff appeals the Court's modification of her non-competition agreement with defendants and the amount of damages awarded, as well as the Court's refusal to recuse. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Russell E. Simmons, Jr. |
McMinn County | Court of Appeals | 03/15/01 | |
| Kathy Riley v. The Travelers Insurance Company
W2000-01738-WC-R3-CV
The employer's insurer, Travelers, insists the employee's injury did not arise out of the employment and that the award of permanent partial disability benefits based on 55 percent to the right leg is excessive. As discussed below, the panel has concluded the evidence fails to preponderate against the findings of the trial court.
Authoring Judge: Joe C. Loser, Jr, Sp. J.
Originating Judge:Martha B. Brasfield, Chancellor |
Lauderdale County | Workers Compensation Panel | 03/15/01 | |
| Walter Hanselman, Jr. vs. Linda Hanselman
M1998-00919-COA-R3-CV
This appeal involves a father's effort to reduce his child support and spousal support obligations. Approximately one year after the parties were divorced, the father filed a petition in the Hickman County Chancery Court seeking a downward modification of his support obligations because his income had declined due to his employer's cutbacks in the availability of overtime work. Following a bench trial, the trial court denied the father's petition because he had failed to establish a significant variance in his child support obligations and because he had failed to demonstrate that a substantial and material change in the parties' circumstances warranting a reduction in spousal support had occurred. We agree with the trial court's findings and affirm the judgment.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Donald P. Harris |
Hickman County | Court of Appeals | 03/15/01 | |
| State of Tennessee v. Suzanne C. Douglas
M2000-01646-CCA-R3-CD
The defendant appeals from her conviction for driving under the influence, contesting the sufficiency of the indictment. We affirm the judgment of the trial court.
Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge Robert E. Burch |
Dickson County | Court of Criminal Appeals | 03/15/01 | |
| Chad Conatser v. Metro Ready Mix,
M2005-00814-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Tennessee Supreme Court in accordance with Tennessee Code Annotated section 5-6-225(e)(3), for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The Plaintiff alleged a cervical injury apparently owing to two separate events, including an injury sustained while exercising on the job, and another injury occurring when the truck he was driving ran into a hole and bounced him upward, jamming his neck. A number of medical physicians found no basis for his complaint. A chiropractic physician, by a range of motion study, opined that he retained a 26 percent impairment. The trial court found that the Plaintiff retained percent disability as a result of his work related injury on July 22, 2, and we affirm. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Chancery Court Affirmed WILLIAM H. INMAN, SR. J., in which CORNELIA A. CLARK, J., and ROBERT E. CORLEW III, SP. J., joined. Robert L. Huskey, Manchester, Tennessee, attorney for Appellant, Chad Conatser. Bree A. Taylor, Nashville, Tennessee, attorney for Appellee, Metro Ready Mix and Lumberman's Underwriting Alliance. MEMORANDUM OPINION This complaint was filed on March 15, 21, alleging that the Plaintiff sustained a compensable injury to his neck and cervical spine on or about April 1, 2 during the course and scope of his employment as a truck driver. It appears that the Plaintiff first injured his neck while doing on-the-job exercises at a gym provided by the Employer. The Plaintiff was not treated for any injuries occurring as a result of this incident. Testimony revealed that while driving a ready-mix concrete truck on July 22, 2, the Plaintiff ran into a depression which jolted him vertically, with his head striking the roof of the cab resulting in a cervical injury1 of a disputed nature. A supervisor took the Plaintiff to the emergency room immediately following this incident, where he was treated and released. About six weeks after the described incident occurred, the Plaintiff sought medical attention from Dr. Thomas O'Brien, an employer-approved orthopedic specialist2. Dr. O'Brien sent the Plaintiff to physical therapy and placed him on light duty from October 23, 2 until November 1, 2, when he was released at maximum medical improvement. Dr. O'Brien opined that the Plaintiff retained a percent permanent partial impairment rating. He saw Dr. O'Brien a total of three times, and asked to see a different physician. He then saw Dr. J. Keith Nichols, also an orthopedic specialist, on two occasions. Dr. Nichols treated the Plaintiff with injections and physical therapy, but declined to impose any work restrictions on him. Dr. Nichols released the Plaintiff on December 5, 2, noting subjective complaints with no objective findings of abnormality. He released the Plaintiff at maximum medical improvement, gave him a permanent partial impairment rating of percent, and testified that he could continue in his normal job activities. Both doctors indicated that the Plaintiff's neurological exams were normal, and that any problem he was having would resolve over time. The Plaintiff continued to drive a concrete redi-mix truck, and began to have "little accidents" as he described, like backing into a guy wire and into a tree because he was unable to turn his head, owing to stiffness in his neck. He was fired on August 1, 21, apparently due to his inability to continue to drive a concrete truck safely. The Plaintiff, of his own volition, then saw Dr. Jeffrey McKinley, a chiropractor, on February 28, 21. He performed a range of motion study on the Plaintiff, using the Fourth Edition of the Guidelines, because he did not have the Fifth Edition, which was then current.3 Dr. McKinley testified that the Plaintiff never mentioned the July 2 or July 21 injuries during the course of his treatment, that his opinion was based exclusively on the April 1, 2 incident, and has nothing to do with subsequent injuries. He admitted that had he known about the subsequent injuries, it would have "had an impact". He last saw the Plaintiff on September 13, 21. Dr. McKinley opined 1 The Plaintiff filed another complaint, docket 2-32, which is not in the record. We are able to deduce, however, that he alleged back injuries sustained in an accident which occurred in July 21, four months after the complaint was filed in the case at bar. The cases were consolidated for trial. Judgment was entered in docket 2-32, dismissing the complaint and holding that the Plaintiff was not newly injured, and suffered no aggravation of a pre- existing injury. The judgment was not appealed. In point of fact, the Plaintiff testified that he was not injured, and the record does not explain why the suit was filed. See, Tenn. R. Civil P. Rule 11. 2 Although the Plaintiff contends that he was not afforded the opportunity to choose from a panel of physicians, his signature appears on a page listing three authorized physicians from which to choose, including Dr. O'Brien. 3 Dr. McKinley later compared the Fourth and Fifth Editions, and concluded that there is no difference in the ratings assigned based upon the range of motion model between the two editions of the AM A guides. -2-
Authoring Judge: William H. Inman, Sr. J.
Originating Judge:Royce Taylor, Judge |
Coffee County | Workers Compensation Panel | 03/15/01 | |
| Millisa Martinez, Ind., & Ex Rel Aaron Chavez, et al vs. Charles Martinez, et al
E2000-01990-COA-R3-CV
This case presents a question of first impression. We are asked to decide whether, and, if so, under what circumstances, a driver who motions to another driver intending to turn left in front of the signaling driver can be assigned fault in the event of a resulting accident. In the instant case, the trial court granted the signaling driver summary judgment, finding on the facts before it that there could be no liability. We find that summary judgment is not appropriate and accordingly vacate the trial court's judgment and remand for further proceedings.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:W. Dale Young |
Blount County | Court of Appeals | 03/15/01 | |
| Tax The Costs on Appeal To The Appellant, James v. Doramus, on Behalf of Elizabeth Nicoll
M2000-01928-COA-R3-CV
Originating Judge:Ben H. Cantrell |
Sumner County | Court of Appeals | 03/15/01 | |
| Methodist Hospital of Dyersburg, Inc., v. Linda Ams
W2000-01569-WC-R3-CV
The employer-appellant contends the award of permanent partial disability benefits is excessive. As discussed below, the panel has concluded that the evidence preponderates against an award based on five times the undisputed medical impairment rating.
Authoring Judge: Loser, Sp. J.
Originating Judge:Lee Moore, Judge |
Dyer County | Workers Compensation Panel | 03/15/01 | |
| Lavonda Cable vs. Lowe's of Johnson City, Inc.
E2000-01075-COA-R3-CV
Lowe's of Johnson City, Inc., filed a Rule 60 motion seeking to set aside a default judgment rendered against it on the grounds of mistake, inadvertence or excusable neglect. The Trial Court overruled the motion and Lowe's appeals. We affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:G. Richard Johnson |
Washington County | Court of Appeals | 03/15/01 | |
| State of Tennessee v. Sherman Shaw
W2000-00384-CCA-R3-CD
A Shelby County jury convicted the defendant of aggravated robbery. The trial court sentenced him to 15 years as a Range II multiple offender. In this appeal, the defendant alleges (1) the trial court erroneously admitted the defendant's custodial statement; (2) the evidence was insufficient to sustain the defendant's conviction; (3) the cumulative effect of the trial court's errors requires a new trial; and (4) the defendant's sentence is excessive. After a thorough review of the record, we affirm the judgment and sentence imposed by the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Carolyn Wade Blackett |
Shelby County | Court of Criminal Appeals | 03/14/01 | |
| State of Tennessee v. Christopher Osborne
M2000-00802-CCA-R8-CD
A Williamson County jury convicted the defendant of attempted first degree murder and felony reckless endangerment. The trial court sentenced him to concurrent sentences of twenty-four years and two years, respectively, as a Range I standard offender. In this appeal, the defendant alleges (1) the attempted first degree murder presentment was defective; (2) the proof was insufficient to sustain his attempted first degree murder conviction; (3) the trial judge erroneously failed to satisfy his "thirteenth juror" role; and (4) his sentence is excessive. Upon review of the record, we find no reversible error and affirm the judgments and sentences imposed by the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Timothy L. Easter |
Williamson County | Court of Criminal Appeals | 03/14/01 | |
| Billy J. Grooms v. State of Tennessee
E2000-00958-CCA-R3-PC
The petitioner, Billy J. Grooms, appeals the trial court's denial of a pro se petition to correct an illegal judgment/sentence. The trial court's order of dismissal is affirmed.
Authoring Judge: Presiding Judge Gary R Wade
Originating Judge:Judge Rex Henry Ogle |
Cocke County | Court of Criminal Appeals | 03/14/01 | |
| State of Tennessee v. C. Curtis Brown
W1999-01933-CCA-R3-CD
The defendant, after having his authority to write bonds in the 30th Judicial District revoked, appeals the trial court's decision and asserts that there was insufficient evidence to support the trial court's findings. Furthermore, the defendant asserts that the trial court's action was excessive. After review, we affirm the trial court in all respects.
Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Bernie Weinman |
Shelby County | Court of Criminal Appeals | 03/14/01 | |
| Eddie Phifer v. Board of Parole
M2000-01509-COA-R3-CV
This is a pro se appeal from a denial of parole. Mr. Phifer alleges several problems surrounding his parole hearing that he claims violate his due process and equal protection rights and violate the ex post facto constitutional prohibition. Because a prisoner has no liberty interest in release on parole before the expiration of his sentence, due process protections do not attach to parole determinations. Because at the time of Mr. Phifer's crime and conviction, the law regarding parole gave total discretion to the Board and authorized denial if the Board found that parole would depreciate the seriousness of the crime committed, changes in Board procedure do not violate ex post facto prohibitions. Because the Board has provided a rational basis for denying in-person interviews for prisoners housed out of state, no equal protection violation was shown. Consequently, we affirm the trial court's dismissal of the petition for failure to state a claim upon which relief may be granted.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 03/14/01 | |
| LaKreasha Kimble v. State of Tennessee
W2000-00715-CCA-R3-PC
This is an appeal of a denial of post-conviction relief. The petitioner and two codefendants were each convicted of murder in the perpetration of robbery and of especially aggravated robbery for the robbery and killing of a man who had given them a ride in his car. The petitioner appealed her convictions to the post-conviction court, arguing, inter alia, that her counsel provided ineffective assistance by his failure to petition for a severance of trial from her codefendants. The post-conviction court denied relief, finding the petitioner's claims to be without merit. Based upon a thorough review, we affirm the post-conviction court's denial of relief.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge Joseph B. Dailey |
Shelby County | Court of Criminal Appeals | 03/14/01 | |
| Larry W. Hopkins vs. Bd. of Paroles
M2000-01956-COA-R3-CV
This appeal involves a prisoner's efforts to be paroled from his sentence for aggravated rape. After the Tennessee Board of Paroles declined for the sixth time to parole him, the prisoner filed a petition for common-law writ of certiorari in the Chancery Court challenging the Board's latest decision and the procedure used to reach it. The trial court dismissed the petition for failure to state a claim upon which relief could be granted, and the prisoner has appealed. We affirm the trial court's decision.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 03/14/01 |