Please enter some keywords to search.
| Metropolitan Development & Housing Agency vs. Trinity Marine Nashville, Inc .
M1999-02162-COA-R3-CV
In this eminent domain condemnation proceeding, the Trial Court granted partial summary judgment to the condemnor on the amount of relocation expenses to be awarded the property owner as incidental damages based upon deposition testimony of an officer of the property owner. The property owner argues on appeal that summary judgment is improper in condemnation proceedings, and that the Trial Court erred in excluding from incidental damages amounts for a "burden rate" the property owner added to its actual hourly labor costs incurred in relocating from the condemned property. As the issue is a question of law and there are no questions of disputed material fact, summary judgment is appropriate. As the "burden rate" claimed by the property owner is not recoverable under the applicable statute, the judgment of the Trial Court is affirmed.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Barbara N. Haynes |
Davidson County | Court of Appeals | 07/21/00 | |
| Vowell Ventures vs. City of Martin
W1999-01445-COA-R3-CV
Vowell Ventures, a partnership, sued the City of Martin alleging that the City denied Vowell Ventures' application for a building permit due to the fact that there was a sewer line and storm drain crossing the property. The complaint alleged that the denial of the application for the building permit constituted a taking of property without just compensation and sought judgment against the City for the taking. The trial court granted the City of Martin's Motion To Dismiss Or For Summary Judgment and we affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:William B. Acree |
Weakley County | Court of Appeals | 07/21/00 | |
| R. David Ashley and E. Diana Ashley vs. Thomas A. Snapp
E1999-00908-COA-R3-CV
This appeal arises from a grant of summary judgment in the Knox County Circuit Court. On appeal, R. David Ashley and E. Diana Ashley, the Appellants, argue that there are genuine issues of material fact with respect to their suit for malicious prosecution and abuse of process against Thomas A. Snapp and Robin Gratigny, the Appellees, and thus, the Trial Court erred in granting summary judgment. We vacate the Circuit Court's grant of summary judgment on the issue of malicious prosecution and remand to the Trial Court on that issue, and we affirm the Trial Court's grant of summary judgment on the issue of abuse of process.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Harold Wimberly |
Knox County | Court of Appeals | 07/21/00 | |
| Larry Simpson vs. Donal Campbell, Commissioner, et al
M2000-00218-COA-R3-CV
Larry Simpson, a prison inmate, appeals the dismissal by the trial court of his Petition for Declaratory Judgment asserting that he was entitled to mandatory parole under former Tennessee Code Annotated Section 40-3614 and Tennessee Code Annotated Section 40-20-115. We affirm the trial court.
Authoring Judge: Judge William B. Cain
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 07/20/00 | |
| Joe H. Walker v. Sidney Gilreath &Amp; Associates,
E1999-01012-COA-R3-CV-
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 07/20/00 | |
| State vs. Barry Waters Rogers
M1999-01389-CCA-R3-CD
The appellant, Barry Waters Rogers, appeals his conviction by a jury in the Giles County Circuit Court of driving under the influence of an intoxicant. On appeal, the appellant challenges the sufficiency of the underlying indictment. Following a review of the record and the parties' briefs, we affirm the judgment of the trial court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Robert L. Jones |
Giles County | Court of Criminal Appeals | 07/19/00 | |
| State ex rel Graham vs. Cherry
M1999-01623-COA-R3-CV
669. The trial court granted child support from the time of the filing of the petition. However, the court denied retroactive support on the basis of the delay of the State of Tennessee in filing the petition finding that such a judgment would be burdensome to the respondent, David R. Cherry, Jr., the father of the children. The State of Tennessee appeals, and we reverse and remand on the issue of retroactive child support.
Authoring Judge: Judge William B. Cain
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 07/19/00 | |
| State vs. James Eric Alder
M1999-02544-CCA-R3-CD
The appellant, James Eric Alder, was convicted by a jury in the Criminal Court for Sequatchie County of one count of aggravated robbery, a class B felony. The trial court sentenced the appellant, as a Range I offender, to ten years incarceration in the Tennessee Department of Correction and assessed a fine of $25,000. The appellant raises the following issue(s) for review: whether the trial court erred in refusing to charge the jury as to aggravated assault, assault, and theft as lesser-included offenses of aggravated robbery. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Thomas W. Graham |
Sequatchie County | Court of Criminal Appeals | 07/19/00 | |
| Tarif vs. Bullion, et al
M1999-00475-COA-R3-CV
Petitioner, a state prisoner, appeals the action of the trial court in dismissing under Tennessee Rule of Civil Procedure 12.02(6) his civil rights complaint. We affirm.
Authoring Judge: Judge William B. Cain
Originating Judge:Donald P. Harris |
Hickman County | Court of Appeals | 07/19/00 | |
| State of Tennessee v. Arnold L. Jones
II-1-98-353
Originating Judge:Timothy L. Easter |
Williamson County | Court of Criminal Appeals | 07/19/00 | |
| Watauga Industries, Inc. vs. Harry W. Greenwell, et al
E1999-00699-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Originating Judge:G. Richard Johnson |
Carter County | Court of Appeals | 07/19/00 | |
| State of Tennessee v. James E. Mathis
II-1098-328-C
Originating Judge:Timothy L. Easter |
Williamson County | Court of Criminal Appeals | 07/19/00 | |
| The Bogatin Law Firm vs. Hallum Motors
W2000-00409-COA-R3-CV
Appellee, an Arkansas corporation, and Appellant, a Delaware corporation authorized to do business in Arkansas and Tennessee, entered into an asset sales agreement for the sale and purchase of assets relating to an automobile dealership in West Memphis, Arkansas. Earnest money was placed in escrow with the Bogatin Law Firm, PLC in Memphis, Tennessee. Dispute concerning the asset sales agreement arose, and both parties made claim to the earnest money. The Bogatin Law Firm filed a complaint for interpleader in Shelby County, Tennessee. Appellee filed a motion to dismiss based upon improper venue which the trial court granted. We reverse, finding that venue in Shelby County was proper and that Appellee submitted to jurisdiction in Shelby County, Tennessee.
Authoring Judge: Judge David R. Farmer
Originating Judge:Floyd Peete, Jr. |
Shelby County | Court of Appeals | 07/19/00 | |
| Davis vs. TN Bd. of Paroles
M2000-00668-COA-R3-CV
This is another in a series of cases filed by a certain prison inmate, Ronald L. Davis, this time seeking the issuance of a common law writ of certiorari on the basis that the Tennessee Board of Probation and Parole improperly refused to grant him early release. The board cited the seriousness of the offense for which he was convicted as the basis for its decision and moved for dismissal of the petition or alternatively for summary judgment. The trial court held this suit to be barred by Tennessee Code Annotated section 41-21-812 which prohibits the filing of subsequent lawsuits by inmates who have unpaid costs related to previous suits. The trial court dismissed this case under Tennessee Code Annotated section 41-21-812 and on the basis that the Petition for Writ of Certiorari failed to state a claim upon which relief could be granted. We affirm.
Authoring Judge: Judge William B. Cain
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 07/19/00 | |
| First Utility District of Knox County vs. Eleanor Jo Jarnigan-Bodden
E1999-01674-COA-R3-CV
The property owner objected to service of process and asserted due process violations relating to a utility district easement condemnation. Service of process by publication was proper notice to the non-resident Cayman Islands resident, there was no showing that the condemnation for public purpose was not necessary, and there was no right for the property owner to demand a jury of view to determine the proper easement for a water line. Judgment of the Trial Court is affirmed and the case remanded for determination of the compensation due the property owner for the taking.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Harold Wimberly |
Knox County | Court of Appeals | 07/19/00 | |
| Thomas W. Yelton vs. State
M1999-00597-CCA-R3-PC
The petitioner, Thomas W. Yelton, appeals the denial by the Bedford County Circuit Court of his petition for post-conviction relief from his 1992 convictions of fabricating evidence, theft of property worth more than one thousand dollars ($1,000), coercion of a witness, and harassment. Specifically, he alleges that he is entitled to relief from his convictions because he received ineffective assistance of counsel during trial proceedings. The petitioner predicates his claim of ineffective assistance of counsel upon the following grounds: (1) trial counsel failed to submit to the trial court a motion requesting the severance of his offenses; (2) trial counsel maintained inadequate contact with the petitioner during trial proceedings; (3) trial counsel failed to adequately investigate his case; and (4) trial counsel failed to adequately advise the petitioner concerning the waiver of his right to appeal his convictions. Following a review of the record and the parties' briefs, we affirm the judgment of the post-conviction court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:William Charles Lee |
Bedford County | Court of Criminal Appeals | 07/19/00 | |
| State vs. Wayne Joseph Burgess, Jr.
M1999-02040-CCA-R3-CD
The appellant, Wayne Joseph Burgess, Jr., was convicted by a jury in the Giles County Circuit Court of one count of first degree felony murder, with the underlying felony being aggravated child abuse. The trial court sentenced the appellant to life in the Tennessee Department of Correction. The appellant raises the following issues for our review: (1) whether the trial court erred in overruling the appellant's motion to strike the jury panel because the appellant's race was substantially under- represented on the venire from which the petit jury was selected under a practice providing "the opportunity for discrimination;" (2) whether the trial court erred in overruling the appellant's motion to suppress a confession that was obtained by the use of intimidation, threat, and coercion by the Pulaski Police Department; (3) whether the trial court erred in overruling the appellant's objection to allowing the prior inconsistent statement of Rickey Sikes to be entered into the record as substantive evidence; (4) whether the evidence was sufficient to support the appellant's conviction of first degree murder in the perpetration of aggravated child abuse as the State failed to prove the requisite mental status of "knowing" to commit that offense. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Jim T. Hamilton |
Giles County | Court of Criminal Appeals | 07/19/00 | |
| Watauga Industries, Inc. vs. Harry W. Greenwell, et al
E1999-00699-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Originating Judge:G. Richard Johnson |
Carter County | Court of Appeals | 07/19/00 | |
| Kelly vs. So. Central Corr. Facility Disciplinary Bd.
M1999-02083-COA-R3-CV
Petitioner, Henderson Kelly, appeals the action of the trial court in granting a Tennessee Rule of Civil Procedure 12.02(6) motion to dismiss his petition for a writ of certiorari requesting review of an agency decision. We affirm the action of the trial judge.
Authoring Judge: Judge William B. Cain
Originating Judge:Robert L. Jones |
Wayne County | Court of Appeals | 07/19/00 | |
| State vs. Christina L. Howard
M1999-02473-CCA-R3-CD
Defendant Christina L. Howard was found guilty by a Williamson County jury of possession with intent to sell or deliver cocaine in an amount greater than 300 grams, possession with intent to sell or deliver marijuana, and possession of drug paraphernalia. After a sentencing hearing, the trial court sentenced Defendant as a Range I standard offender to concurrent terms of twenty years for cocaine possession, one year for marijuana possession, and one day for possession of drug paraphernalia. Defendant raises the following issues in this appeal: (1) whether the trial court erred when it did not instruct the jury on the lesser-included offense of facilitation of a felony; (2) whether the trial court erred when it sentenced Defendant as a standard offender; and (3) whether the trial court erred when it denied Defendant alternative sentencing. The judgment of the trial court is affirmed.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Henry D. Bell |
Williamson County | Court of Criminal Appeals | 07/19/00 | |
| State vs. Barry Speck
W1999-00436-CCA-R3-PC
The petitioner, Barry L. Speck, appeals the trial court's denial of his petition for post-conviction relief. The state contends that the petition should have been dismissed because of the statute of limitations. The petitioner contends that he received the ineffective assistance of counsel because his attorney failed to use documents provided by the petitioner to impeach the state's witnesses and to provide an alibi for dates listed in the bill of particulars. We hold that the petition was properly considered on its merits, but we affirm the trial court's denial of post-conviction relief.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:John P. Colton, Jr. |
Shelby County | Court of Criminal Appeals | 07/19/00 | |
| Beech vs. Hibbett
M1997-00239-COA-R3-CV
This appeal involves a dispute over the proceeds from the Department of Transportation's condemnation of a portion of a tract of real property on Harding Road in Davidson County. When the condemnation took place, a life tenant was occupying the property with a vested remainder interest being held by the life tenant's stepdaughter. Following a disagreement over who should receive the condemnation proceeds, the life tenant's stepdaughter filed suit in the Chancery Court for Davidson County. After the State paid the proceeds into court, the trial court awarded the proceeds to the stepdaughter on the condition that she invest them and share the investment income equally with her stepmother for the duration of the life tenancy. The life tenant has appealed. We have determined that the trial court erred by awarding the condemnation proceeds to the life tenant's stepdaughter and, therefore, reverse the judgment.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 07/19/00 | |
| First Utility District of Knox County, Tennessee v. Eleanor Jo Jarnigan-Bodden
E1999-01674-COA-R3-CV
The property owner objected to service of process and asserted due process violations relating to a utility district easement condemnation. Service of process by publication was proper notice to the non-resident Cayman Islands resident, there was no showing that the condemnation for public purpose was not necessary, and there was no right for the property owner to demand a jury of view to determine the proper easement for a water line. Judgment of the Trial Court is affirmed and the case remanded for determination of the compensation due the property owner for the taking.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Judge Harold Wimberly, Jr. |
Knox County | Court of Appeals | 07/19/00 | |
| Hope Cobb v. Advantage Manufacturing Corporation
W1999-01147-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court pursuant to Tennessee Code Annotated _5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The employee, Hope Cobb, insists that the trial court erred in dismissing her claim at the conclusion of a bench trial on the grounds that she failed to carry the burden of proof that she had given proper notice of her injury to her employer, Advantage Manufacturing Corporation. The employer moves that we find this appeal to be frivolous and grant attorney fees and expenses incurred as a result of this appeal. For the reasons stated in this opinion, We affirm the judgment of the trial court.
Authoring Judge: Weatherford, Sr. J.
Originating Judge:George R. Ellis, Chancellor |
Crockett County | Workers Compensation Panel | 07/19/00 | |
| Michael Youmans vs. Samuel Coleman
W2000-00150-COA-R3-CV
This is a construction case. The general contractor sued the homeowner for failing to make payment under the contract and for failing to pay for "extras" not contained in the original contract. The homeowner asserted that the general contractor failed to make certain corrections to the home, and that he did not agree to pay for "extras." After a bench trial, the trial court held for the homeowner. The general contractor appeals. We affirm, finding that the trial court's decision was based on its determination of the credibility of the witnesses.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Julian P. Guinn |
Carroll County | Court of Appeals | 07/19/00 |