| John W. Johnson v. Bernice Wade, et al.
W1999-01651-COA-R3-CV
This appeal arises from an action for ejectment filed by Plaintiff John W. Johnson ("Plaintiff") against Defendant Bernice Wade ("Defendant"). Plaintiff filed suit in the Gibson County Circuit Court alleging that he was the sole owner of the tract of land where both Plaintiff's and Defendant's residences are located. Prior to Defendant's filing on an answer, Plaintiff filed a motion for default judgment. Thereafter, Defendant filed an answer, a motion to dismiss, and a motion to compel Plaintiff to appear for deposition. Following Plaintiff's failure to appear for deposition, failure to prepare an order as directed by the court, and an attempt to file a premature appeal, the trial court dismissed Plaintiff's case for failure to properly prosecute. Plaintiff appeals.
Authoring Judge: Judge Alan E. Highers
Originating Judge:Judge Dick Jerman, Jr. |
Gibson County | Court of Appeals | 09/06/00 | |
| The Kroger Company, et al. v. Sara Cooper
M1999-01120-WC-R3-CV
The employer has appealed contending the trial court's award of permanent partial disability benefits based on thirty-five percent to the leg for a torn meniscus is excessive.
Authoring Judge: Loser, Sp. J.
Originating Judge:Walter C. Kurtz, Judge |
Davidson County | Workers Compensation Panel | 09/05/00 | |
| State of Tennessee vs. Thomas Wayne Overbay
E1999-00840-CCA-R3-CD
Defendant was convicted by a jury of four counts of aggravated sexual battery and ten counts of rape of a child. In this direct appeal Defendant alleges he did not receive a fair trial because (1) the bill of particulars did not sufficiently inform Defendant of the charges, and (2) the prosecution violated Brady vs. Maryland when it failed to turn-over potentially exculpatory evidence to Defendant pre-trial. Held: the bill of particulars adequately appraised Defendant of the crimes with which he was charged. Although the prosecution violated Brady when it failed to turn over potentially exculpatory evidence to Defendant pre-trial, the error was harmless. Judgment of the trial court affirmed.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge R. Jerry Beck |
Sullivan County | Court of Criminal Appeals | 09/05/00 | |
| Robert McAlister Barnett, III v. Paula Lynn Barnett
E1997-00010-SC-R11-CV
We granted this appeal to determine: 1) whether private school tuition constitutes an extraordinary educational expense under the Tennessee Child Support Guidelines; and 2) whether the noncustodial parent should be required to pay those expenses in addition to child support based upon the percentage of net income of the noncustodial parent. We hold that pursuant to the Tennessee Child Support Guidelines private school tuition is an "extraordinary educational expense." We affirm the decision of the Court of Appeals requiring the total amount of private school tuition to be paid by the obligor-father. We hold, however, that in appropriate cases a court may apportion the amount of tuition between the parties.
Authoring Judge: Justice Janice M. Holder
Originating Judge:Judge L. Marie Williams |
Hamilton County | Supreme Court | 09/05/00 | |
| Patricia M. Campbell v. City of Tullahoma, et al
M1999-01235-WC-R3-CV
The appellant, Campbell, insists the trial court erred in granting the appellee's motion for discretionary costs because no equitable ground for such relief was asserted in the motion and accompanying affidavit. The panel concludes that the plaintiff's voluntary dismissal of her complaint is a sufficient ground for an award of discretionary costs.
Authoring Judge: Loser, Sp. J.
Originating Judge:John W. Rollins, Judge |
Campbell County | Workers Compensation Panel | 09/01/00 | |
| State vs. Theron L. Boyd
M1999-01125-CCA-R3-CD
The Defendant, Theron L. Boyd, appeals as of right from an "Agreed Final Judgment Granting Delayed Appeal" entered by the trial court upon the trial court's finding that the Defendant was entitled to post-conviction relief. The "Agreed Final Judgment Granting Delayed Appeal" purports to modify the original judgment of conviction by explicitly reserving certified questions of law which would be dispositive of the case and then to grant a delayed appeal of those issues. The Defendant argues that his convictions pursuant to his guilty pleas should be reversed because the trial court erred in denying his motion to suppress evidence found as a result of illegal searches by police. The State, however, argues that we lack jurisdiction to address the merits of the Defendant's contentions because the trial court did not have jurisdiction to amend the final judgment which did not reflect the reservation of certified questions of law pursuant to Tennessee Rule of Criminal Procedure 37(b). We conclude that this appeal is not properly before us. Accordingly, we must dismiss this appeal and remand to the trial court for further proceedings consistent with this opinion.
Authoring Judge: Judge David H. Welles
Originating Judge:Seth W. Norman |
Davidson County | Court of Criminal Appeals | 08/31/00 | |
| Miller vs. Miller
M1999-00724-COA-R3-CV
In this divorce, both Husband and Wife have appealed contesting the trial court's division of marital property and alimony awards. The division of marital property is affirmed, alimony awards are modified, and the case is remanded for a determination of the value of Husband's retirement plan and a proper division thereof.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 08/31/00 | |
| Sloan vs. Perryman
M1999-00828-COA-R3-CV
This appeal arises from a breach of contract suit and action to assert priority of a mechanics lien filed by Jason Sloan ("Contractor") against Shelby Ray Perryman ("Owners") and First Farmers & Merchants National Bank ("Bank"). Contractor sought recovery for labor and materials under the contract including expenses that exceeded Contractor's original bid price. In the alternative, Contractor sought recovery under quantum meruit. The court granted Bank's motion for summary judgment on the issue of priority of liens. Following trial, the court awarded Contractor damages under an implied contract theory, limiting Contractor's recovery to the bid price. In addition, the court denied Contractor's claim for alternative recovery in quantum meruit. Contractor appeals.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Stella L. Hargrove |
Maury County | Court of Appeals | 08/31/00 | |
| Shuman vs. Parkhurst
M1999-02043-COA-R3-CV
James Parkhurst d/b/a Parkhurst Home Improvement appeals the trial court's final judgment awarding Ken Shuman $8,021.14 in actual damages for breach of oral construction contract and $2,406.33 in attorney's fees based upon a finding of fraud in violation of the Tennessee Consumer Protection Act. Parkhurst raised two issues on appeal, contending that the damages awarded in this home construction dispute were not legally warranted and that the trial court erred in finding fraud, therefore justifying an award for attorney's fees under the Act. We conclude that Shuman presented sufficient proof to find a violation of the Act and to support his claim for damages and for attorney's fees. Accordingly, we affirm the trial court's judgment.
Authoring Judge: Judge David R. Farmer
Originating Judge:Carol L. Soloman |
Sumner County | Court of Appeals | 08/31/00 | |
| Daniel Benson Taylor v. Jack Morgan, Warden
M1999-01416-CCA-R3-PC
Authoring Judge: Judge David H. Welles
Originating Judge:Donald P. Harris |
Hickman County | Court of Criminal Appeals | 08/31/00 | |
| State vs. Joe Hurt
W2001-02742-CCA-R3-CD
The defendant contends the trial court should have sentenced him to a Community Corrections Program. We conclude ample evidence exists to support the trial court's findings that incarceration is necessary to protect society from the defendant. The defendant has a long history of criminal conduct. We affirm the judgments from the trial court.
Authoring Judge: Judge John Everett Williams
Originating Judge:C. Creed Mcginley |
Hardin County | Court of Criminal Appeals | 08/31/00 | |
| Tennessee Farmers vs. Judy Cobb, et al
W1999-01729-COA-R3-CV
This appeal involves a motion to set aside a default judgment. The trial court entered a default judgment against the defendants based on their failure to respond to the lawsuit. Seven months later, the defendants filed a motion to set aside the default judgment. The trial court denied the motion, and the defendants appealed. We affirm, finding no abuse of discretion in the denial of the motion to set aside the default.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:J. Steven Stafford |
Dyer County | Court of Appeals | 08/31/00 | |
| Kibby vs. Kibby
M1999-00906-COA-R3-CV
This appeal presents a dispute of custody, visitation, and attorney fees. The parties are parents of one child, Ian Kibby, who is the subject of this dispute. The father was awarded primary custody when the parties divorced in May of 1996. The mother filed a Petition for Contempt and Modification seeking primary residential placement of Ian and later requested that the court refer this matter to mediation. The father filed a counter-petition requesting a change in the mother's visitation privileges and attorney's fees. The trial court dismissed the mother's petition but granted the father's petition reducing the mother's visitation rights. The court also refused to refer this matter to mediation and did not award attorney fees to the father. The mother now appeals the court's dismissal of her petition, failure to refer the matter to mediation, and change in visitation; the father also appeals the failure of the trial court to award attorney fees to him. We agree with the trial court on all issues and affirm its ruling. We also award attorney's fees necessitated by this appeal to the father and remand to the trial court for a determination of this amount.
Authoring Judge: Judge William B. Cain
Originating Judge:Buddy D. Perry |
Sequatchie County | Court of Appeals | 08/31/00 | |
| Howard vs. Howard
M1999-00670-COA-R3-CV
This appeal arises from a dispute over a contractual provision in a Marital Dissolution Agreement ("MDA") between the parties. Susan Trabue Howard ("Mother") filed a Petition for Enforcement of Contractual Obligation, alleging that Robert Mark Howard ("Father") had failed to abide with a provision in the MDA providing that Father would be responsible for Daughter's "related costs of education." The court below found in favor of Mother, holding that Father was responsible for all of Daughter's expenses for the time specified in MDA. Father appeals.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Russell Heldman |
Williamson County | Court of Appeals | 08/31/00 | |
| Streeter vs. TDOC
M1999-02267-COA-R3-CV
A prison inmate claimed that he was entitled to be released, because he had earned the required sentence reduction credits. The Department of Correction disagreed. The trial court granted summary judgment to the Department on the basis of laches. We affirm the trial court's judgment, but upon a different basis.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 08/31/00 | |
| State of Tennessee v. Thomas Anderson, Jr.
II-398-102-B
Originating Judge:Cornelia A. Clark |
Williamson County | Court of Criminal Appeals | 08/31/00 | |
| Scholz vs. S.B. International
M1997-00215-COA-R3-CV
This appeal arises from a dispute over the severance benefits in an employment contract. Following his termination, a corporate officer filed suit against his former employer in the Chancery Court for Davidson County seeking his severance benefits. The employer asserted that its former officer was not entitled to the severance benefits. Following a jury trial, the trial court entered a judgment awarding the officer $111,623.33 but denying his requests for prejudgment interest and discretionary costs. On this appeal, the officer asserts that the trial court erred by failing to award him prejudgment interest and discretionary costs. We agree and, therefore, remand the case for further proceedings.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 08/31/00 | |
| Spurlock vs. Jackson Co.
M1999-01407-COA-R3-CV
The appellants were hurt in a collision with a subject allegedly being pursued by county officers in a high speed chase. They sued the county, and the Circuit Court of Jackson County granted the county summary judgment. We affirm the judgment of the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:John D. Wootten, Jr. |
Jackson County | Court of Appeals | 08/31/00 | |
| Gerome Smith vs. State
M1999-02511-CCA-R3-PC
The petitioner, Gerome Smith, appeals the trial court's disposition of his petition for post-conviction relief. While granting the petitioner 60 days within which to file an application for permission to appeal to our supreme court this court's affirmance of the original conviction and sentence, the trial court otherwise denied post-conviction relief. The single issue presented for review is whether the petitioner was denied the effective assistance of counsel at trial and on appeal. Because the petitioner has been unable to meet his burden of proof, the judgment of the trial court is affirmed.
Authoring Judge: Judge Gary R Wade
Originating Judge:Jane W. Wheatcraft |
Sumner County | Court of Criminal Appeals | 08/31/00 | |
| State vs. Delwin Keith O'Neal
M2000-00650-CCA-R3-CD
In 1997, the defendant pled guilty in Marshall County to aggravated assault. Pursuant to a negotiated plea agreement, he was sentenced as a Range II, multiple offender and received a six-year sentence, consecutive to a prior Montgomery County sentence. The defendant now claims his sentence does not comport with the plea agreement and asks this court to modify the sentence. Upon our review of the record, we conclude the defendant did not timely challenge his sentence and deny relief.
Authoring Judge: Judge Joe G. Riley
Originating Judge:W. Charles Lee |
Marshall County | Court of Criminal Appeals | 08/31/00 | |
| Home Builders Assoc. of Middle TN vs. Maury Co.
M1999-02383-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Stella L. Hargrove |
Maury County | Court of Appeals | 08/31/00 | |
| Zettersten vs. Zettersten
M1999-01186-COA-R3-CV
This appeal arises from an action for divorce and division of marital assets. The court below granted Linda Jean Zettersten ("Wife") a divorce on grounds of Rolf Birger Zettersten's ("Husband's") stipulation of inappropriate marital conduct; awarded Wife alimony in futuro and rehabilitative alimony and child support for the parties' minor child; awarded Wife $11,923.50 in attorney's fees, discretionary costs and court costs. Wife appeals.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Donald P. Harris |
Williamson County | Court of Appeals | 08/31/00 | |
| Cruse vs. Peak
M1999-02228-COA-R3-CV
This appeal arises from the trial court's refusal to grant the appellant's request for visitation with her granddaughter. We affirm the judgment of the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 08/31/00 | |
| Home Builders Assoc. of Middle TN vs. Maury Co.
M1999-02383-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Stella L. Hargrove |
Maury County | Court of Appeals | 08/31/00 | |
| State of Tennessee v. Gdongalay Parlo Berry
M1999-01901-CCA-MR3-CD
Authoring Judge: Judge Joe G. Riley
Originating Judge:J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 08/31/00 |
