| Darryl Davis v. Pirelli Armstrong Tire Corporation and
M1999-00008-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) (1999) for hearing and reporting of findings of fact and conclusions of law. Appellate review of factual issues in workers' compensation cases is de novo with a presumption that the trial court's findings are correct, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _5-6-225(e)(2) (1999); Hill vs. Eagle Bend Mfg., Inc., 942 S.W. 2d 483, 487 (Tenn. 1997). When a trial court has seen and heard witnesses and issues of credibility and weight of testimony are involved, considerable deference is afforded the trial court's findings of fact. See Humphrey vs. David Witherspoon, Inc., 734 S.W. 2d 315, 315-16 (Tenn. 1987).
Authoring Judge: Samuel L. Lewis, Sp. J.
Originating Judge:Carol L. Mccoy, Chancellor |
Davidson County | Workers Compensation Panel | 04/19/00 | |
| Ann Marie Rutherford Keck, vs. Richard Len Keck
E1999-00371-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Jean A. Stanley |
Washington County | Court of Appeals | 04/18/00 | |
| State vs. Harold Wayne Shaw
M1999-01119-CCA-R3-CD
The defendant, Harold Wayne Shaw, was convicted by a Davidson County jury of second-degree murder and aggravated kidnapping in 1996. The trial court sentenced the defendant as a Range II offender to serve eighteen (18) years for the aggravated kidnapping and thirty-five (35) years for the second-degree murder, both sentences to be served consecutively. Following the defendant's direct appeal, this Court affirmed the defendant's conviction but remanded the case to the trial court for resentencing because the trial court mistakenly sentenced the defendant as a Range II, persistent offender, misapplied two statutory enhancement factors, and failed to make findings of fact and conclusions of law sufficient to support the imposition of consecutive sentences. The trial court then resentenced the defendant as a Range I, standard offender to serve ten (10) years for the aggravated kidnapping and twenty-two (22) years for the second-degree murder. The court again ordered the sentences to be served consecutively. On appeal, this Court finds (1) that the length of the defendant's sentence is appropriate, and (2) that although the record does not support the trial court's finding that the defendant is a professional criminal, the trial court was correct in finding that the defendant has an extensive criminal history; thus consecutive sentences are also appropriate. The judgment of the trial court is therefore affirmed.
Authoring Judge: Judge Jerry Smith
Originating Judge:Seth W. Norman |
Davidson County | Court of Criminal Appeals | 04/18/00 | |
| Martha Langschmidt vs. Carl Langschmidt
W1999-00434-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Russell Lee Moore, Jr. |
Shelby County | Court of Appeals | 04/18/00 | |
| Martha Langschmidt vs. Carl Langschmidt
W1999-00434-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Russell Lee Moore, Jr. |
Shelby County | Court of Appeals | 04/18/00 | |
| Ray vs. State
M1999-00237-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Frank G. Clement, Jr. |
Davidson County | Court of Appeals | 04/18/00 | |
| Michael Smith vs. Steve Futris vs. Richard Feltus
W1998-00181-COA-R3-CV
This is a contract dispute. The plaintiffs entered into a contract to buy the defendants' office condominium and equipment. The contract provided that the defendants would execute a note for the balance of the purchase price, payable in monthly installments over a twenty year term. The contract had no express provision on the right of prepayment. The promissory note expressly granted the plaintiffs the right of prepayment. Five years later, the plaintiffs attempted to prepay the note. The defendants refused the plaintiffs' offer, saying that the plaintiffs had no right of prepayment. The plaintiffs then ceased making any payments on the note. The plaintiffs later filed a lawsuit seeking, inter alia, a declaratory judgment that they had the right of prepayment. The defendants filed a counterclaim seeking reformation of the note and the deed of trust. The defendants also filed a third party claim for damages against the plaintiffs' attorney, who had prepared the closing documents, including the note. The defendants alleged that the attorney had breached his duty of due care to them by putting a right of prepayment in the note. The trial court found that the plaintiffs had the right to prepay and that the plaintiffs had made an effective tender of payment to the defendants. The trial court dismissed the defendants' third party claim against the attorney, finding that he had not represented the defendants and owed no duty of care to them. The defendants appeal. We affirm in part and reverse in part, finding, inter alia, that the promissory note gave the plaintiffs the right of prepayment, and also finding that the plaintiffs have not made an effective tender of payment.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Floyd Peete, Jr. |
Shelby County | Court of Appeals | 04/18/00 | |
| B&G Construction vs. Polk, et al
M1999-00677-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Originating Judge:Barbara N. Haynes |
Davidson County | Court of Appeals | 04/18/00 | |
| State vs. Andrew Charles Helton
M1999-01405-CCA-R3-CD
The Defendant, Andrew Charles Helton, was indicted, along with co-defendants Shirley Crowell and Shayne Cochran, for two counts of premeditated murder and two counts of felony murder for the shooting deaths of Robert Cole and Michael Chatman. After the trial court granted a motion for a judgment of acquittal on the felony murder charges, the Defendant was convicted by a jury of first degree murder for the death of Robert Cole and of second degree murder for the death of Michael Chatman. The Defendant was sentenced to mandatory life imprisonment for the first degree murder conviction and to twenty-three years imprisonment for the second degree murder conviction. The Defendant now appeals and argues that the evidence presented at trial was insufficient to sustain his convictions. The Defendant also contends that the trial court erred in admitting certain crime scene and autopsy photographs into evidence. After a thorough review of the record and applicable law, we find no merit to the Defendant's contentions and thus affirm his convictions.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Seth W. Norman |
Davidson County | Court of Criminal Appeals | 04/18/00 | |
| Lusk vs. Englett
M1999-00294-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Donald P. Harris |
Lewis County | Court of Appeals | 04/17/00 | |
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Supreme Court | 04/17/00 | ||
| Stephen Comella vs. City of Memphis
W1999-00347-COA-R3-CV
This is a personal injury case involving the on-the-job injury of a police officer working for the City of Memphis. The city admitted liability. After a bench trial on the issue of damages, the trial court awarded the plaintiff a judgment of $25,000. The plaintiff appeals, arguing that the trial court erred by treating this as a worker's compensation case rather than a negligence case. Plaintiff also argues that the trial court erred by not granting his request for discretionary costs to pay for expert witness fees. We affirm, finding that the evidence supports the trial court's award and that there was no abuse of discretion in declining to order the city to pay the plaintiff's expert witness fees.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Kay Spalding Robilio |
Shelby County | Court of Appeals | 04/17/00 | |
| State vs. Carter
W1997-00248-SC-R11-CD
Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:Jon Kerry Blackwood |
McNairy County | Supreme Court | 04/17/00 | |
| Cherry vs. Williams
M1997-00216-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Barbara N. Haynes |
Davidson County | Court of Appeals | 04/17/00 | |
| State vs. Victoria S. Galindo
M1999-00768-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Originating Judge:Timothy L. Easter |
Williamson County | Court of Criminal Appeals | 04/14/00 | |
| State vs. Frederick James Brush
M1999-00622-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Originating Judge:Robert E. Burch |
Stewart County | Court of Criminal Appeals | 04/14/00 | |
| State vs. Alton Darnell Young
M1999-01166-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Seth W. Norman |
Davidson County | Court of Criminal Appeals | 04/14/00 | |
| State vs. Robert Allen Leggett
M1999-01066-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Originating Judge:Cheryl A. Blackburn |
Davidson County | Court of Criminal Appeals | 04/14/00 | |
| State vs. Darrell Dodson
M1998-00067-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Originating Judge:Leon C. Burns, Jr. |
White County | Court of Criminal Appeals | 04/14/00 | |
| Joseph Patton vs. Michael Kruszewski
W1998-00133-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Walter L. Evans |
Shelby County | Court of Appeals | 04/14/00 | |
| Old Republic Surety Co. v. Morris Eshaghpour
M1999-01918-COA-R3-CV
The defendant purchased a building permit bond from the plaintiff surety company and executed an indemnity agreement to hold the surety harmless against all loss, liability and expenses the company might sustain on the bond. A claim was made against the bond regarding a home built by the defendant. The surety company notified the defendant, investigated the claim, and eventually settled with the claimant. In this lawsuit to collect under the indemnity agreement, the trial court granted summary judgment to the surety. The defendant argues that summary judgment was inappropriate because the motion was not properly supported according to the Rules of Civil Procedure and, alternatively, the issue of whether the surety acted reasonably and in good faith in settling the claim precludes summary judgment. We disagree and affirm the summary judgment on the issue of liability, but remand for proof on total damages.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 04/13/00 | |
| Lisa Ann Vaccarella vs. Raymond M. Vaccarella
M1999-01937-COA-R3-CV
The unusual procedural history of this case presents for review the validity of the parties' marital dissolution agreement ("MDA") and the subsequent divorce decree entered by Judge Henry Denmark Bell incorporating this MDA, as well as the court's decision regarding child custody, support, and visitation. After Wife filed Rule 59 and 60.02 motions for relief from her MDA, the second trial judge, Russ Heldman, determined that Tennessee Code Annotated section 36-4-103(b) requires a hearing prior to incorporating the signed marital dissolution agreement into a decree granting the parties an irreconcilable differences divorce. Judge Heldman further found the MDA to be invalid due to duress and violations of Wife's due process rights and vacated Judge Bell's decree granting the parties' divorce. We overrule the trial court on these issues and find the MDA signed by the parties, as well as the January 31, 1998 decree of Judge Bell granting final divorce, to be valid. We thus reinstate both the MDA and original decree. With regard to the issues of custody, visitation, and child support, we find substantial change in circumstances and affirm Judge Heldman's determinations on these issues.
Authoring Judge: Judge William B. Cain
Originating Judge:Russell Heldman |
Williamson County | Court of Appeals | 04/13/00 | |
| Max Pass vs. Shelby Aviation
W1999-00018-COA-R9-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 04/13/00 | |
| Clark vs. Farrell
M1999-01945-COA-R3-CV
This is an appeal by the defendant from an action of the trial court in assessing discretionary costs against the defendant. The trial court entered an order of dismissal with prejudice on finding that "the parties have settled all matters in controversy . . ." which order was approved for entry by counsel for both parties. The plaintiff filed a motion for discretionary costs pursuant to Tenn. R. Civ. P. 54.04(2). The trial court then granted discretionary costs to the plaintiff in the amount of $2,185.75. We reverse.
Authoring Judge: Judge William B. Cain
Originating Judge:Robert L. Holloway |
Maury County | Court of Appeals | 04/13/00 | |
| Pamela Sweat vs. James Sweat
W1999-00158-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Bob G. Gray |
McNairy County | Court of Appeals | 04/13/00 |
