| Lumbermen's Mutual Underwriting Alliance v. Ramon
M1999-00453-WC-R3-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 of findings of fact and conclusions of law. In this case, the employer contends (1) the trial court erred in awarding, as medical benefits, the fees of an unapproved chiropractor and (2) the award of temporary total disability benefits is excessive. The employee insists the trial court erred in denying him any permanent partial disability benefits. As discussed herein, the panel has concluded the award should be modified by disallowing the unapproved medical benefits, by reducing the award of temporary total disability benefits from fifty-four weeks to two weeks and by awarding permanent partial disability benefits based on fifteen percent to the body as a whole. Tenn. Code Ann. _ 5-6-225(e)(3) Appeal as of Right; Judgment of the Circuit Court Modified LOSER, SP. J., in which DROWOTA, J., and CANTRELL, SP.J. joined. Richard C. Mangelsdorf, Jr., Leitner, Williams, Dooley & Napolitan, Nashville, Tennessee, for the appellant, Lumbermen's Mutual Underwriting Alliance, Appellant Martin S. Sir, Nashville, Tennessee, for the appellee, Ramon Sanchez MEMORANDUM OPINION The employee or claimant, Sanchez, is forty-five years old and has a seventh or eighth grade education. He moved to the United States from Puerto Rico in 1969. He has experience in construction labor. He began working for the employer, Concrete Form Erectors, in March of 1995. On April 23, 1996, while working for the employer, the claimant and another worker, Robert Garst, were constructing forms for a wall when it began to sway because of high winds. As the wall was -2-
Authoring Judge: Loser, Sp. J.
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Davidson County | Workers Compensation Panel | 05/15/00 | |
| Cassandra Myles vs. Peter Myles
W1999-00495-COA-R3-CV
This is a divorce case. The husband failed to appear for the rescheduled hearing on the wife's motion for default judgment. The trial court granted default judgment and, at a subsequent final divorce hearing from which the husband was also absent, granted the wife a divorce and awarded her alimony in solido. The husband then filed motions to set aside the default judgment and for a new trial, asserting that he had not received notice of either the rescheduled hearing on default judgment or the final divorce hearing. The trial court denied both motions. The husband appeals. We affirm, finding that the husband's neglect was not excusable.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 05/15/00 | |
| Billy Childress vs. Natasha Currie
W1999-00471-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Joseph H. Walker, III |
Lauderdale County | Court of Appeals | 05/15/00 | |
| State vs. Percy Farris
W2001-01787-CCA-R3-CD
The Defendant, Percy Perez Farris, was convicted by a jury of attempt to commit first degree premeditated murder and especially aggravated robbery. The trial court sentenced the Defendant to twenty-five years for each offense, to be served concurrently in the Department of Correction. In this direct appeal the Defendant raises the following issues: (1) whether the trial court erred in denying the Defendant's motion to change venue; (2) whether the trial court erred in refusing to suppress identification testimony; (3) whether the trial court erred in refusing to suppress evidence concerning the victim's blood; (4) whether the evidence is sufficient to support the convictions; and (5) whether cumulative error requires a new trial. We affirm the judgment of the trial court.
Authoring Judge: Judge David H. Welles
Originating Judge:Jon Kerry Blackwood |
McNairy County | Court of Criminal Appeals | 05/14/00 | |
| Roxie Crowell vs. City of Memphis
W1999-02747-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Kay S. Robilio |
Shelby County | Court of Appeals | 05/12/00 | |
| Goolsby vs. Upper Cumberland Oil, Inc.
M1998-00986-COA-R3-CV
Authoring Judge: Judge William B. Cain
Originating Judge:Bobby H. Capers |
Jackson County | Court of Appeals | 05/12/00 | |
| John Layton vs. Penny Layton
W1999-02274-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:D'Army Bailey |
Shelby County | Court of Appeals | 05/12/00 | |
| State vs. Robert Jarnagin
E1998-00892-CCA-R8-CD
Authoring Judge: Judge John Everett Williams
Originating Judge:James E. Beckner |
Hamblen County | Court of Criminal Appeals | 05/12/00 | |
| In re: S.B., et al
M1999-00140-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Robert E. Burch |
Humphreys County | Court of Appeals | 05/12/00 | |
| Mario Haywood vs. Dept. of Corrections, et al
M1999-02282-COA-R3-CV
The plaintiff prison inmate filed pro se petition for declaratory judgment and/or a writ of certiorari seeking review of prison disciplinary board's finding of guilt and the punishment relating to a prison incident. The trial court dismissed the petition for lack of jurisdiction, finding that declaratory judgment was not available for a review of prison disciplinary proceedings and that the petition for a writ of certiorari was untimely filed. The trial court also denied the plaintiff's subsequent petition to rehear. The plaintiff appeals from the dismissal of his original petition and the denial of his petition to rehear. We affirm
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 05/12/00 | |
| ATS Southeast, Inc., et al vs. Carrier Corp.
M1999-02658-SC-R23-CQ
Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:Aleta A. Trauger |
Supreme Court | 05/12/00 | ||
| Crowe vs. Crowe
M1999-01889-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Clara W. Byrd |
Smith County | Court of Appeals | 05/12/00 | |
| State vs. Gerald Cathey
W1999-00660-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Originating Judge:Chris B. Craft |
Shelby County | Court of Criminal Appeals | 05/12/00 | |
| Stacy's Carpet Steam Cleaning Co. vs. David McNeely, et al
E1999-01880-COA-R3-CV
Stacy's Carpet Steam Cleaning Company d/b/a Bent Nail Construction, the Plaintiff, appeals a judgment from the Carter County Chancery Court. The Plaintiff's issues are whether the Trial Court erred in calculating the damages, erred in failing to award prejudgment interest, and erred in failing to enforce a mechanic's lien. The Defendants raise an issue insisting the parties reached an accord and satisfaction or a new contract. We affirm the judgment of the Trial Court pursuant to Rule 10 of this Court as to the Plaintiff's issues one and two and as to the Defendants' issue and modify its judgment as to the Plaintiff's issue three regarding enforcement of its lien.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Jean A. Stanley |
Carter County | Court of Appeals | 05/12/00 | |
| State of Tennessee v. Charles Ray Powell
01C01-9806-CC-00260
Originating Judge:Thomas W. Graham |
Franklin County | Court of Criminal Appeals | 05/12/00 | |
| State vs. West
E1997-00166-SC-R11-PD
Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:John K. Byers |
Union County | Supreme Court | 05/12/00 | |
| Moore , 814 S.W.2D 381, 383 (T Enn. Crim . App. 1 991); State v. Da Vis, 706 S.W.2D 96, 97 (Tenn. Crim. App. 1985);
01C01-9807-CC-00301
Originating Judge:W. Charles Lee |
Marshall County | Court of Criminal Appeals | 05/12/00 | |
| State vs. Benito Gomez
M1998-00096-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Originating Judge:William Charles Lee |
Bedford County | Court of Criminal Appeals | 05/12/00 | |
| State of Tennessee v. Jason Ingram Stokes
M1999-1892-CCA-R3-CA
Originating Judge:Jim T. Hamilton |
Giles County | Court of Criminal Appeals | 05/12/00 | |
| State vs. Robbie Davidson
M1997-00130-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Originating Judge:Leon C. Burns, Jr. |
Pickett County | Court of Criminal Appeals | 05/12/00 | |
| Horton vs. Parole Eligibility Review Bd.
M1999-02617-COA-R3-CV
An inmate in custody of the Department of Correction filed a petition for a common law Writ of Certiorari alleging that the Board of Paroles acted arbitrarily and illegally in denying him parole. The trial court entered a motion to dismiss for failure to state a claim upon which relief can be granted. This appeal followed and we affirm the trial court.
Authoring Judge: Judge David R. Farmer
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 05/12/00 | |
| Roller vs. Roller
M1999-00103-COA-R3-CV
Authoring Judge: Judge William B. Cain
Originating Judge:Robert P. Hamilton |
Wilson County | Court of Appeals | 05/12/00 | |
| State vs. Robert Jarnagin
E1998-00892-CCA-R8-CD
Authoring Judge: Judge John Everett Williams
Originating Judge:James E. Beckner |
Hamblen County | Court of Criminal Appeals | 05/12/00 | |
| State of Tennessee v. Albert Hampton
W1999-00059-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Originating Judge:John P. Colton, Jr. |
Shelby County | Court of Criminal Appeals | 05/11/00 | |
| Sarah Wilkerson vs. Robert Wilkerson
W1999-01684-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:James E. Swearengen |
Shelby County | Court of Appeals | 05/11/00 |
