| Beasley Cotton Co. vs. Ralph
W1999-00273-COA-R3-CV
This appeal arises from a breach of contract between Farmer and Broker. After signing a contract to deliver cotton to Broker, Farmer failed to do so. Broker was then forced to purchase the cotton elsewhere for a substantial loss and brought suit to recover the losses. At the start of the trial, Farmer requested that the trial court dismiss the case and order the parties to proceed to arbitration. Finding that Farmer had waived his rights under the contract to arbitration, the trial court refused. Proceeding with the case, court found that Farmer had breached the contract and awarded damages to Broker. We affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:Dewey C. Whitenton |
Tipton County | Court of Appeals | 07/14/00 | |
| Willie Toles/Ida Toles vs. City of Dyersburg
W1999-01238-COA-R3-CV
The present appeal arises out of a zoning dispute between the plaintiff property owner and the City of Dyersburg, Tennessee. The property in question had been operated as a tavern since 1960. In 1998, the area in which the property was located was re-zoned as a residential area. At that point, the tavern became a non-conforming use. Prior to the re-zoning, the tavern's business license had expired and the beer license had also lapsed. The operator of the club applied for a beer permit but was denied based upon the fact that at the time of the re-zoning there was no business in operation on the premises. Therefore, the City determined that the premises could not be "grandfathered" into the new zoning classification. The Plaintiffs filed a Statutory Writ of Certiorari challenging the City's actions. The trial court held a trial de novo after which the City's actions were upheld.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Lee Moore |
Dyer County | Court of Appeals | 07/14/00 | |
| State vs. Robert Eugene Finchum
E1999-00696-CCA-R3-CD
Defendant Robert Eugene Finchum, Jr., pled guilty to one count of simple possession of LSD, one count of simple possession of marijuana, one count of possession of untaxed whiskey, and one count of possession of drug paraphernalia. Pursuant to a negotiated plea agreement, Defendant received a total effective sentence of eleven months and twenty-nine days with 30% minimum service prior to eligibility for work release, furlough, trusty status, and rehabilitative programs. Following a hearing, the trial court denied Defendant's request for probation. Defendant contends that the trial court erred when it failed to impose an alternative sentence. The judgment of the trial court is affirmed.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:James E. Beckner |
Hawkins County | Court of Criminal Appeals | 07/14/00 | |
| Robinson Property vs. Yoanne Russell
W2000-00331-COA-R3-CV
This case arises out of a $23,800.00 debt incurred by appellee Yo Anne Russell at the Horseshoe Casino and Hotel in Robinsonville, Mississippi. The court below granted summary judgment to Yo Anne Russell because the court held that the debt represented by the drafts is unenforceable in Tennessee due to public policy considerations embodied in section 29-19-101 of the Tennessee Code. Plaintiff appeals from the court below, arguing that the trial court erred in granting summary judgment to Defendant Yo Anne Russell. For the reasons stated hereafter, we reverse the judgment of the trial court.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:D'Army Bailey |
Shelby County | Court of Appeals | 07/14/00 | |
| State vs. Billy Bivens
E1999-00086-CCA-R3-CD
The defendant, Billy Bivens, was convicted of official misconduct and assault. On appeal, he argues that the evidence was insufficient to sustain his convictions;that the trial court erred by failing to require the state to elect the offenses for which it sought conviction; that the jury delivered inconsistent verdicts; and that the trial court imposed an excessive sentence. Because the jury was erroneously instructed on assault as a lesser included offense of sexual battery, we reverse the assault conviction. The conviction and sentence for official misconduct are affirmed.
Authoring Judge: Judge Gary R Wade
Originating Judge:Earle G. Murphy |
McMinn County | Court of Criminal Appeals | 07/14/00 | |
| Hansom Davis vs. Alfred Earls
W2000-00280-COA-R3-CV
This is a suit by a prisoner against his former lawyer. The prisoner, convicted of rape and other crimes, was represented by the defendant, a former assistant public defender, in an unsuccessful attempt to obtain post-conviction relief. The prisoner later sought post conviction relief again in Circuit Court, proffering an affidavit purportedly signed by his victim recanting her statement that the prisoner had raped her. By this time, the defendant was no longer an assistant public defender, but had become employed as an assistant district attorney general. The defendant received information that the affidavit proffered by the prisoner was a forgery, and instigated proceedings that led to the prisoner's indictment for subornation of perjury. The prisoner sued the defendant attorney for breach of contract, official misconduct, and negligence per se. The trial court granted the defendant's motion to dismiss and/or for summary judgment. The prisoner appeals, and we affirm.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Joe C. Morris |
Madison County | Court of Appeals | 07/14/00 | |
| Victor Williams vs. Percey Pitzer
W2000-00028-COA-R3-CV
This is a habeas case. A Wisconsin inmate housed in a Tennessee prison filed a petition for a writ of habeas corpus. The prisoner was incarcerated in Tennessee pursuant to a contract between the Wisconsin correctional department and a private corporation. In his petition, the prisoner alleged that the Wisconsin correctional department did not have the authority to transfer him across state lines, and thus, his incarceration in Tennessee was illegal. The trial court dismissed his petition for failure to state a claim upon which relief can be granted. The plaintiff prisoner appealed. We affirm.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Jon Kerry Blackwood |
Hardeman County | Court of Appeals | 07/14/00 | |
| Penny Pitt Phillips, et al. v. Robinson & Belew, Inc., et al.
W1999-02211-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _5-6-225 (e)(3) for hearing and reporting of findings of fact and conclusions of law. The defendant-employer and its insurance company appeal the judgment of the Weakley Chancery Court insisting that the trial judge erred in commuting the death benefits payable to Donald Leon Pitt, a minor, to a lump sum. As discussed below, the panel has concluded that the part of the trial court's judgment that ordered the award be commuted should be reversed.
Authoring Judge: Weatherford, Sr. J.
Originating Judge:William Michael Maloan, Chancellor |
Weakley County | Workers Compensation Panel | 07/13/00 | |
| In the Matter of T.S. and M.S.
M1999-01286-COA-R3-CV
This case involves the termination of parental rights regarding two children who were removed from the parental home by the Department of Children's Services in 1995 and placed in foster care. The mother was ordered to take steps to remedy the deficiencies in the home and made some efforts to comply. After four years, DCS petitioned to terminate the mother's parental rights. The trial court found that the mother had failed to substantially comply with the Plan of Care and terminated the mother's rights on grounds (1) that the conditions that led to the children's removal continued to persist with little likelihood of remedy and (2) that the mother was incompetent to adequately provide for the children. Because DCS has established grounds for termination and has also established that termination is in the best interest of the children, we affirm.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Ben Hall Mcfarlin |
Rutherford County | Court of Appeals | 07/13/00 | |
| Vonkrosigk vs. Rankin
M1999-02254-COA-R3-CV
Buyer in real estate sale contract contingent on obtaining the financing sued for return of earnest money after she failed to qualify for a loan to finance to purchase. The trial court found that buyer acted in good faith in attempting to secure financing and entered judgment for buyer. Sellers have appealed.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Don Ash |
Rutherford County | Court of Appeals | 07/13/00 | |
| City of Murfreesboro vs. Pierce Hardy Real Estate, Inc.
M2000-00562-COA-R9-CV
This case involves a dispute between the City of Murfreesboro and a landowner over the value and the acreage of a tract of land taken by the city to be used for a greenway along the Stones River. The city appeals the trial court's denial of a motion in limine that the city filed to exclude testimony of the landowner's appraiser. The motion stated that the expert's testimony relied on an inadmissible method of valuation and should, therefore, be excluded. Additionally, the landowner appeals the trial court's ruling that the landowner did not own a .61 acre portion of the of the land taken because, as it sits at the bottom of a navigable waterway, it is not subject to private ownership.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Robert E. Corlew, III |
Rutherford County | Court of Appeals | 07/13/00 | |
| State vs. Ira Ray Crouch
E1999-02320-CCA-R3-CD
Having pled guilty to two counts of statutory rape, the defendant now challenges his sentence. He argues that the trial court improperly denied his motion for judicial diversion. We affirm his sentence of five years on probation.
Authoring Judge: Judge John Everett Williams
Originating Judge:Phyllis H. Miller |
Sullivan County | Court of Criminal Appeals | 07/13/00 | |
| Murphy vs. Martin
M1999-02273-COA-R3-CV
The trial court dismissed this negligence action for the failure to prosecute. On appeal the plaintiff asserts that she did not have adequate notice that her lawsuit was in jeopardy. We affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Hamilton V. Gayden, Jr. |
Davidson County | Court of Appeals | 07/13/00 | |
| Dept. of Children's Services v. T.L.C.
M2003-00509-COA-R3-JV
In this appeal the Appellant, R.L.P, Sr., argues that the Trial Court erred in terminating his parental rights to his son, R.L.P., Jr. We vacate the judgment of the Trial Court and remand.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Timothy R. Brock |
Coffee County | Court of Appeals | 07/13/00 | |
| Geldreich vs. Hall
M1999-02258-COA-R3-CV
This appeal arises from a suit initiated by Geldriech ("Investors") alleging breach of fiduciary duty, fraud, and conversion by Hall in his capacity as corporate officer. When Hall failed to answer and appear for hearing, Investors' motion for default judgment was granted. Thereafter, Hall filed a motion to strike the default judgment that was denied by the court below. Hall appeals the trial court's failure to grant him relief from the default judgment.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Leonard W. Martin |
Dickson County | Court of Appeals | 07/13/00 | |
| Joseph Spottswood Crowell vs. Mayme Modena Roberson
E1999-00348-COA-R3-CV
The appellee has filed a petition for rehearing pursuant to Tenn. R. App. P. 39. In the first ground of his petition, he asserts that we made a mistake in computing the "[a]djustment re: North Carolina property" reflected on page 8 of our opinion. The appellee is in error in this assertion. We purposely utilized an adjusting figure of $141,915 rather than $140,447.50 -- the latter figure being fifty percent of the value of the marital property share of the North Carolina property. The larger figure was a "plug" figure used to achieve equality in the overall division of the parties' marital property. Since it will be necessary to transfer funds to consummate this division, we deemed it equitable in this case to equally divide the parties' marital estate. The trial court found that equality was equitable and the evidence does not preponderate against this finding.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Frank V. Williams, III |
Roane County | Court of Appeals | 07/13/00 | |
| State vs. Richard Korsakov
E1999-01530-CCA-R3-CD
The defendant, Richard Korsakov, appeals his conviction for driving under the influence of an intoxicant, third offense. He contends that (1) the breath test results were inadmissible because the officer administering the test failed to observe him for twenty minutes; (2) the photocopies of certification and maintenance records were inadmissible for lack of compliance with the rules of evidence; (3) he should have been allowed to cross-examine the officer on the Horizontal Gaze Nystagmus (HGN) test for the purpose of impeachment; (4) a sealed, miniature bottle of cognac was irrelevant and, therefore, inadmissible; (5) the trial court improperly commented upon the evidence by instructing the jury to disregard the address on an exhibit's tag; and (6) the cumulative effect of the errors at trial prejudiced him. Because we hold that the results of the breath test are inadmissible, we reverse the judgment of conviction and remand the case to the trial court for further proceedings consistent with this opinion.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Douglas A. Meyer |
Hamilton County | Court of Criminal Appeals | 07/13/00 | |
| Russo vs. Russo
M1999-02380-COA-R3-CV
This appeal arises from an action for divorce initiated by Donald Joseph Russo ("Husband") against Debra Ann Russo ("Wife"). The trial court granted Wife an absolute divorce and alimony in futuro; awarded custody of the parties' minor children to Wife; ordered Husband to pay child support in the amount of thirty-two hundred dollars per month with additional child support of two thousand dollars per month to be placed in educational trust for parties' minor children; and awarded the majority of marital assets to Wife. Husband appeals.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Tom E. Gray |
Sumner County | Court of Appeals | 07/13/00 | |
| Borders vs. Crow
M1999-00985-COA-R3-CV
This is a suit by employee for compensation allegedly due after discharge under oral contract of employment. Upon finding that the discharge was for cause, the jury nevertheless returned a verdict for the employee for post-discharge compensation. On the employer's appeal, we vacate that part of the judgment awarding post-discharge compensation.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Hamilton V. Gayden, Jr. |
Davidson County | Court of Appeals | 07/13/00 | |
| In the Matter of the Estate of S.W. Brindley
M1999-02224-COA-R3-CV
This is a will contest between two siblings. After the onset of the parties' father's final illness, during which his competence was questioned and eventually a conservator appointed, the father executed a codicil to his will that materially altered the distribution of his estate in favor of his son, the appellant herein. The testator's daughter challenged the validity of the codicil in the underlying action. After the jury found that the codicil was not the testator's "own free act," but was instead the result of undue influence on the son's part, the codicil was declared a nullity. We affirm the jury's verdict.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Stella L. Hargrove |
Giles County | Court of Appeals | 07/13/00 | |
| State vs. Frederick Cavitt
E1999-00304-CCA-R3-CD
While incarcerated in the Tennessee Department of Correction, the defendant was indicted for aggravated assault, pled guilty to the lesser included offense of simple assault, and received a sentence of eleven months and twenty-nine days. The defendant moved for pretrial jail credits, in the amount of three hundred and twenty-one days, calculated from the day the arrest warrant was served to the day the judgment was entered. We conclude that the defendant is not entitled to the claimed jail credits and therefore affirm the trial court's order dismissing the defendant's Motion to Modify Judgment to Reflect Jail Credits. We modify the sentence to indicate service in either the Carter County Jail or workhouse.
Authoring Judge: Judge John Everett Williams
Originating Judge:Robert E. Cupp |
Carter County | Court of Criminal Appeals | 07/13/00 | |
| Hobbs vs. Hobbs
M1999-00715-COA-R3-CV
Two years after a divorce, and eight months after the divorce decree was affirmed on appeal, the former husband filed a pro se motion asking the trial court to review new evidence and to find that he had been defrauded and denied his constitutional rights in the divorce proceeding. The trial court treated the pleading as a motion under Rule 60, Tenn. R. Civ. P., and held that the motion was (1) untimely and (2) not supported by the proof submitted by the movant. We affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Thomas W. Graham |
Sequatchie County | Court of Appeals | 07/13/00 | |
| State, ex rel Boren vs. Town of Orlinda
M1999-02240-COA-R3-CV
This appeal arises from property owners' quo warranto challenge to an ordinance annexing their property. Property owners allege that the annexation was not reasonably necessary for their health, safety, and welfare and for the annexing municipality. Prior to trial, the trial court denied Defendant's motion in limine which sought to exclude testimony of the property owners, a comparison of the services offered by the annexing municipality and a neighboring municipality interested in annexing the disputed area, evidence regarding the public hearing on annexation, and evidence of the annexing municipality's other annexations. The jury returned a verdict for Plaintiffs, finding the annexation was not reasonable, and the trial court entered judgment thereon. Defendant appeals.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:James E. Walton |
Robertson County | Court of Appeals | 07/13/00 | |
| Douglas Kirkham, Jr. vs. State
M2004-02635-CCA-R3-HC
The petitioner appeals the summary dismissal of his habeas corpus petition. Specifically, he alleges fatal deficiencies in the indictment; an involuntary, unintelligent, and unknowing guilty plea; an illegal and void sentence; and ineffective assistance of counsel. Upon review, we conclude that the petitioner has not presented any claims that justify habeas corpus relief. Therefore, we affirm the summary dismissal of the habeas corpus petition.
Authoring Judge: Judge John Everett Williams
Originating Judge:Jane W. Wheatcraft |
Sumner County | Court of Criminal Appeals | 07/13/00 | |
| State vs. Michael S. Reid
M1999-00305-CCA-R3-CD
The Williamson County grand jury indicted the appellant, Michael S. Reid, with one (1) count of driving under the influence, third offense, one (1) count of driving on a revoked license and one (1) count of criminal impersonation. The appellant pled guilty to driving on a revoked license and criminal impersonation and, after a jury trial, was found guilty of driving under the influence, third offense. The trial court sentenced the appellant to concurrent terms of eleven (11) months and twenty-nine (29) days, suspended after service of 180 days, for driving under the influence, third offense and six (6) months, suspended after service of ten (10) days, for driving on a revoked license. In addition, the appellant received a consecutive sentence of six (6) months, suspended after service of five (5) days, for criminal impersonation. On appeal, the appellant argues that the trial court erred in (1) admitting hearsay evidence over his objection by allowing a Williamson County Sheriff's Deputy to testify as to the contents of a dispatch he received prior to stopping the appellant; and (2) allowing the state to introduce evidence concerning a prior stop of the appellant for which he was not charged. We hold that the officer's testimony concerning the dispatch was nonhearsay and relevant and, as a result, properly admissible. Additionally, we conclude that the appellant has waived the issue regarding the prior stop as a result of his failure to object to this evidence at trial and his failure to include this issue in the motion for new trial. Therefore, we affirm the judgment of the trial court.
Authoring Judge: Judge Jerry Smith
Originating Judge:Timothy L. Easter |
Williamson County | Court of Criminal Appeals | 07/12/00 |
