| State of Tennessee v. Stacey L. Spiceland
M1999-02529-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Originating Judge:Timothy L. Easter |
Williamson County | Court of Criminal Appeals | 06/15/00 | |
| M1999-01699-COA-R12
M1999-01699-COA-R12
|
Court of Appeals | 06/15/00 | ||
| Deborah Smit v. Piccadilly Cafeteria, Inc.
03S01-9903-CV-00035
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. Review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the finding, unless the preponderance of the evidence is otherwise. TENN. CODE ANN. _ 5-6-225(e)(2); Stone v. City of McMinnville, 896 S.W.2d 548, 55 (Tenn. 1995). The application of this standard requires this Court to weigh in more depth the factual findings and conclusions of the trial courts in workers' compensation cases. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). The trial court found the plaintiff sustained an accidental injury_repetitive stress injury to the rotator cuff of her right shoulder_while in the course and scope of her employment rendering her unable to work as of August 5, 1997, and that the defendant received timely notice of the injury on January 19, 1998. The trial court set the plaintiff's workers' compensation benefit at $257.83 per week and found a 66% permanent partial disability to the body as a whole. The trial court further awarded temporary total disability benefits for 68 weeks and 3 days, medical expenses of $11,711.98, discretionary costs of $1,56.8, and 2% of the plaintiff's attorney fees. We affirm the judgment of the trial court.
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. R. Jerry Beck |
Smith County | Workers Compensation Panel | 06/15/00 | |
| State vs. Nick Holscher
M1999-00448-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Originating Judge:Seth W. Norman |
Davidson County | Court of Criminal Appeals | 06/15/00 | |
| In the Matter of C.D.B., S.S.B. & S.E.B.
M2000-00232-COA-R3-CV
This case involves the termination of parental rights. Upon a petition filed by the Tennessee Department of Children's Services, the Montgomery County Juvenile Court entered a final decree terminating the Appellant's parental rights.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:L. Raymond Grimes |
Montgomery County | Court of Appeals | 06/15/00 | |
| Allen vs. Allen
M1999-00748-COA-R3-CV
In this divorce case, Husband appeals the trial court's decree as it deals with the division of the marital property (including an award to Wife a part of military retirement), alimony, and child support. We affirm as modified.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Carol A. Catalano |
Davidson County | Court of Appeals | 06/14/00 | |
| Jeffrey Lynn Cravens vs. State
E1999-00385-CCA-R3-PC
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Rex Henry Ogle |
Grainger County | Court of Criminal Appeals | 06/14/00 | |
| Neely vs. McDonald
M2000-00099-COA-R3-CV
This appeal involves a negligence claim asserted against two members of the Nashville Metropolitan Police Department. The Davidson County Circuit Court dismissed the case on the grounds the action was precluded by the Tennessee Governmental Tort Liability Act.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Thomas W. Brothers |
Davidson County | Court of Appeals | 06/14/00 | |
| Ward vs. Turner
M1999-00719-COA-R3-CV
This appeal arises out of a custody dispute between maternal and paternal grandparents. The issue of custody arose after the children's parents were killed in an automobile accident. The Overton County Circuit Court reversed the judgment of the juvenile court and awarded custody to the maternal grandparents.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Vernon Neal |
Overton County | Court of Appeals | 06/14/00 | |
| Bryant vs. Bryant
M1999-01280-COA-R3-CV
Petitioners filed a petition to terminate the parental rights of the biological father and for adoption of two minor children based on abandonment by the father. On the first appeal, this Court reversed the trial court's order denying termination of parental rights and remanded the case for the trial court to determine whether the termination of parental rights is in the best interest of the children. The trial court found that termination of parental rights is in the best interest of the children and granted the adoption. Father has appealed.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 06/14/00 | |
| Antonio Sweatt vs. Fred Raney
W1999-02458-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:R. Lee Moore Jr. |
Lake County | Court of Appeals | 06/14/00 | |
| TN Medical Association, et al vs. TN Board of Dentistry, et al
M1999-02279-COA-R3-CV
This is an appeal of an administrative decision involving the Tennessee Dental Practice Act. A licensed dentist petitioned the Tennessee Board of Dentistry to declare that he had the right under his dental license to perform various cosmetic procedures involving the face and neck, such as face lifts and nose jobs. The petition was granted and the Board of Dentistry issued a declaratory order that the petitioning dentist could perform such cosmetic procedures. The Appellees, including the Tennessee Medical Association, petitioned the Chancery Court to review the Board of Dentistry's decision. The Chancery Court reversed the Board of Dentistry's decision, finding that the Board had improperly expanded the practice of dentistry beyond what the legislature intended and that its decision was not supported by substantial and material evidence. On appeal, we affirm, finding that the Board's decision was contrary to the Dental Practice Act.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 06/14/00 | |
| Zurich-American Insurance Company v. Claudia Mosley
M1998-00886-SC-WCM-CV
This worker's compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. Randall Lloyd appeals an award of 25 percent to the body as a whole as inadequate. We agree and modify the award.
Authoring Judge: Carol L. Mccoy, Special Judge
Originating Judge:Hon. Ellen Hobbs Lyle |
Davidson County | Workers Compensation Panel | 06/13/00 | |
| Howse vs. Johnson
M1998-00513-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 06/13/00 | |
| Leyon Odell Beach v. Schwan's Sales Enterprises, Inc.
M1999-00416-SC-WCM-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting findings of fact and conclusions of law. In this case, the plaintiff contends the trial judge erred in finding that he was not a covered employee under the Workers' Compensation Act. As discussed herein, the panel has concluded the claimant was a gratuitous worker and that the judgment should be affirmed. Tenn. Code Ann. _ 5-6-225(e) Appeal as of Right; Judgment of the chancery court AFFIRMED LOSER, SP.. J. delivered the opinion of the panel, in which DROWOTA, J. and GAYDEN, Sp. J. Joseph M. Dalton, Jr. and Catherine S. Hughes, Nashville, Tennessee, for the appellant, Leyon Odell Beach.. Terry L. Hill, Manier & Herod, Nashville, Tennessee, for the appellees, Schwan's Enterprises, etc. et al . OPINION The claimant or appellant, Beach, is thirty years old and a high school graduate with two years of college. He has worked in the insurance business and in the music business, but apparently has no particular vocational training. In May of 1998, he was interviewed for a sales position at Schwan's Enterprises, a home delivery service. At the conclusion of the interview, he was told that the position would be offered to him if he successfully completed "ride day", the next step in the application process. Ride day was scheduled to occur on May 27, 1998. On that day, the claimant accompanied a salesperson and observed the interaction
Authoring Judge: Per Curiam
|
Robertson County | Workers Compensation Panel | 06/13/00 | |
| Brake vs. Brake
M1997-00007-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Robert W. Wedemeyer |
Robertson County | Court of Appeals | 06/13/00 | |
| Lee Warehouse LP by Warehouses, Inc. vs. Jepco Construction
E1999-01944-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:W. Frank Brown, III |
Hamilton County | Court of Appeals | 06/13/00 | |
| U. S. Fidelity & Guaranty vs. Waco Contractors, Inc.
E2000-00159-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Originating Judge:John B. Hagler, Jr. |
Monroe County | Court of Appeals | 06/13/00 | |
| Rebound Care Corp. vs. Universal Constructors
M1999-00868-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 06/13/00 | |
| State vs. Antonio Jackson
W1999-00712-CCA-R3-CD
The defendant appeals his convictions for facilitation of first degree murder and especially aggravated kidnapping. He raises issues regarding the sufficiency of the evidence relative to accomplice testimony, the competency of a witness, the exhibition of the victim's skull to the jury, and the failure to merge the convictions for due process and double jeopardy purposes. We affirm the trial court.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:James C. Beasley, Jr. |
Shelby County | Court of Criminal Appeals | 06/13/00 | |
| Linda Harris v. American Bread Company
M1998-00611-SC-WCM-CV
This case is before the Court upon motion for review pursuant to Tenn. Code Ann._ 50-6-225(e)(5)(B), the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference;
Authoring Judge: Per Curiam
|
Davidson County | Workers Compensation Panel | 06/13/00 | |
| Dept. of Transportation vs. Sunset Marine and Resort
M1999-00880-COA-R3-CV
This appeal arises out of what can loosely be defined as a condemnation case. The State of Tennessee, acting through the Department of Transportation, received an easement from the Corps of Engineers for the purpose of building a bridge across Dale Hollow Lake in Pickett County, Tennessee. The bridge was to be built across land owned by the United States and operated by the Defendants as a resort and marina under a lease for commercial purposes. The State filed a Petition for Condemnation against the leaseholder in the Pickett County Circuit Court seeking to take the land under its power of eminent domain. The trial court determined that the State could not take the land based on the Supremacy Clause of the United States Constitution. However, the State had already begun work on the project, and, ultimately, the bridge was completed. The court held a trial to determine the damages which the leaseholder had suffered as a result of the bridge being placed across the leasehold. The trial court granted a partial directed verdict and awarded the leaseholder $287,115. The trial court also awarded the leaseholder $100,000 as attorneys' fees in lieu of injunctive relief. The State appeals from the partial directed verdict and the award of attorneys' fees.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:John J. Maddux |
Pickett County | Court of Appeals | 06/12/00 | |
| Neil Price v. Toni Price
M1998-00840-COA-R3-CV
This case involves the dissolution of a seventeen-year long marriage. The parties have raised on appeal issues involving spousal support, child support, their partial marital dissolution agreement and attorney fees. Upon a review of the record and the relevant law, we find that the decision of the trial court should be reversed in part and affirmed in part.
Authoring Judge: Judge William B. Cain
Originating Judge:Judge Marietta M. Shipley |
Davidson County | Court of Appeals | 06/12/00 | |
| State Auto Ins. Companies vs. Gordon Construction, Inc., et al
M1999-00785-COA-R3-CV
This is an insurance coverage case. A commercial general liability insurer filed suit for declaratory judgment to determine whether it had a duty to defend the insured, a construction company. The underlying lawsuit against the insured alleged breach of contract and breach of express and implied warranties in failing to perform work in a good and workmanlike manner. The trial court granted a motion for summary judgment to the insurer, finding that the insurance policy did not require it to defend against the suit. The insured appeals, and we affirm, finding that there was no "occurrence" under the terms of the insurance policy.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 06/12/00 | |
| State vs. John Bradley Lowery
E1998-00034-CCA-R3-CD
Authoring Judge: Judge Jerry Smith
Originating Judge:Ray L. Jenkins |
Knox County | Court of Criminal Appeals | 06/12/00 |
