APPELLATE COURT OPINIONS

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State of Tennessee vs. Jacob Meeks

02C01-9709-CC-00360

The defendant appeals from the dismissal of a petition for post-conviction relief, wherein he sought a delayed appeal from the judgment of the Court of Criminal Appeals, which affirmed his trial court conviction for “hindering a secured creditor,” to the Supreme Court.

Authoring Judge: Senior Judge John K. Byers
Originating Judge:Judge John Kerry Blackwood
Fayette County Court of Criminal Appeals 11/02/98
Deborah Williams v. Tecumseh Products Company

02S01-9702-CV-00012

The Special Workers’ Compensation Appeals Panel approved the trial court’s award of benefits to Deborah Williams, the plaintiff, who had suffered symptoms of carpal tunnel syndrome related to her employment as an assembly-line worker for Tecumseh Products Company, the defendant. At issue are the causation and permanency of the worker’s injuries and the payment of discretionary costs related to the deposition of an examining physician. For the reasons appearing below, we adopt the panel’s findings of fact and conclusions of law with respect to the issues of causation and permanency. Although we affirm the award of discretionary costs, we vacate the panel’s order invalidating certain local procedures of the Twenty-Fourth Judicial District.

Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:Judge C. Creed McGinley
Henry County Supreme Court 11/02/98
Kevin R. Wagner and Peggy A. Wagner, v. Tabor Construction, Inc. and John Tabor, D/B/A Tabor Construction Company

03A01-9805-CV-00159

The facts of this case are relative (sic) simple. The plaintiffs contracted to purchase a house from the defendant. When the house was complete, excepting some "punch list items" the parties entered into a second contract. By the terms of the second contract, the defendant was to place $5,000.00 in escrow with the monies to be used toward the completion of the "punch list items. Part of the work was compleed on the "punch list" items.

Authoring Judge: Judge Don T. McMurray
Originating Judge:Judge Wheeler Rosenbalm
Court of Appeals 11/02/98
Phyllis Renee Brown, v. Charles Chandler Brown, Sr.

02A01-9709-CV-00228

Charles Chandler Brown, Sr., (Father), appeals the trial court's order denying his petition to modify the custody arrangement previously agreed to by the parties and set forth i their final divorce decree. For the reasons stated hereinafter, we affirm the trial court's judgment with certain modifications.

Authoring Judge: Judge Alan E. Highers
Originating Judge:Judge James F. Russell
Court of Appeals 11/02/98
Frizzell Construction, Inc., v. Gatlinburg, LLC.

03A01-9805-CH-00161

The facts of this case, as material to this appeal, are relatively simple. The parties entered into a contract for the construction of a hotel in Gatlinburg, Tennessee. The contract was a standard 2
Associated General Contractors ConstructionManager contract styled "Standard Form of Agreement Between Owner and Construction Manager." The agreement contains two provisions that are germane to the issues under consideration here.

Authoring Judge: Judge Don T. McMurray
Originating Judge:Chancellor Telford E. Fogarty, Jr.
Sevier County Court of Appeals 11/02/98
Thomas Calvin Maney v. Tennessee Board of Paroles

X2010-0000-XX-X00-XX

A prisoner at the Lake County Regional Correctional Facility filed a Petition for Writ of Certiorari in the Circuit Court of Davidson County, claiming that the Board of Paroles had acted illegally in revoking his parole, and in refusing to recondiser the revocation. The circuit court granted summary judgment to the Board of Paroles.  We affirm.

Authoring Judge: Judge Thomas W. Brothers
Originating Judge:Presiding Judge Ben H. Cantrell
Davidson County Court of Appeals 10/30/98
State vs. Charles Madison Blackman, Jr.

01C01-9708-CC-00335

Originating Judge:J. S. Daniel
Rutherford County Court of Criminal Appeals 10/30/98
Sanjines vs. Sanjines

03A01-9808-CV-00253
Court of Appeals 10/30/98
Lescarbeau vs. Lescarbeau

03A01-9706-CV-00215
Greene County Court of Appeals 10/30/98
Moore vs. Moore

03A01-9708-CH-00382
Court of Appeals 10/30/98
State vs. Thomas Davenport

01C01-9802-CC-00065

Originating Judge:Don Ash
Cannon County Court of Criminal Appeals 10/30/98
Caruthers vs. Caruthers

03A01-9712-PB-00539
Cumberland County Court of Appeals 10/30/98
Fowler vs. Bowie

03A01-9801-CV-00021
Washington County Court of Appeals 10/30/98
01A01-9711-PB-00656

01A01-9711-PB-00656

Originating Judge:Frank G. Clement, Jr.
Davidson County Court of Appeals 10/30/98
State vs. Royce Lane

02C01-9604-CC-00133

Originating Judge:Joe G. Riley. Jr.
Dyer County Court of Criminal Appeals 10/30/98
State vs. Thomas Davenport

01C01-9802-CC-00065

Originating Judge:Don Ash
Cannon County Court of Criminal Appeals 10/30/98
Pleasant vs. Repass

03A01-9804-CH-00117
Court of Appeals 10/30/98
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Court of Appeals 10/30/98
03A01-9712-CH-00535

03A01-9712-CH-00535
Court of Appeals 10/30/98
Policeman's Benefit Assoc. of Nashvillevs. Nautilus Insurance Co.

M2001-00611-COA-R3-CV
Plaintiff filed this declaratory judgment action against its liability insurance carrier to determine the carrier's duty to defend plaintiff in a federal lawsuit and its obligation to provide indemnity coverage. The trial court granted defendant summary judgment, and plaintiff appeals. We vacate and remand.
Authoring Judge: Judge W. Frank Crawford
Davidson County Court of Appeals 10/30/98
State vs. Michael Love

02C01-9805-CC-00134
Madison County Court of Criminal Appeals 10/30/98
State v. Larry Morris

01C01-9708-CC-00322
Franklin County Court of Criminal Appeals 10/30/98
Kennedy vs. Robson

01A01-9707-CV-00343

Originating Judge:Thomas Goodall
Sumner County Court of Appeals 10/30/98
Janet Arwood Sartain, et al vs. John Ross Sartain

E1999-00556-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Originating Judge:T. E. Fogerty
Jefferson County Court of Appeals 10/29/98
Advo, Inc. and Insurance Company of North America v. Denise Phillips

02S01-9711-CV-00096
Authoring Judge: J. Steven Stafford, Special Judge
Originating Judge:Hon. Robert A. Lanier,
Shelby County Workers Compensation Panel 10/29/98