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| State vs. Pierson
03C01-9709-CR-00334
Originating Judge:Phyllis H. Miller |
Sullivan County | Court of Criminal Appeals | 05/28/98 | |
| Haren Construction v. Metro Nashville and Davidson County
M2002-01135-COA-R3-CV
This appeal involves a contract between the Appellant Haren Construction Company, Inc. (HCCI) and the Appellee Metropolitan Government (Metro). The construction company brought suit claiming Metro breached its contract with HCCI in "constructive suspension" of work. In addition the construction company claimed that Metro interfered with the company's contract for equipment supply from a third party. The trial court granted Metro's two motions for summary judgment, the first concerning Metro's alleged liability under the Governmental Tort Liability Act, the second concerning the action for breach of contract. HCCI appeals the grant of summary judgment. We affirm.
Authoring Judge: Judge William B. Cain
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 05/28/98 | |
| Miller vs. Willbanks
03A01-9709-CV-00411
Originating Judge:John K. Wilson |
Hamblen County | Court of Appeals | 05/28/98 | |
| State vs. Sutton
03C01-9706-CR-00216
|
Knox County | Court of Criminal Appeals | 05/28/98 | |
| Rubin vs. Rubin
03A01-9711-CV-00502
|
Court of Appeals | 05/28/98 | ||
| Keith Wooten vs. State
01C01-9703-CR-00111
Originating Judge:J. O. Bond |
Wilson County | Court of Criminal Appeals | 05/28/98 | |
| State vs. William Jordan
01C01-9703-CC-00100
Originating Judge:William B. Cain |
Giles County | Court of Criminal Appeals | 05/28/98 | |
| State vs. Shirley
03C01-9610-CR-00369
Originating Judge:Mayo L. Mashburn |
Bradley County | Court of Criminal Appeals | 05/27/98 | |
| Dukes & Dukes vs. State
03C01-9703-CC-00112
Originating Judge:W. Lee Asbury |
Union County | Court of Criminal Appeals | 05/27/98 | |
| 01C01-9703-CR-00091
01C01-9703-CR-00091
|
Davidson County | Court of Criminal Appeals | 05/27/98 | |
| 01C01-9704-CC-00126
01C01-9704-CC-00126
Originating Judge:J. Curwood Witt |
Wayne County | Court of Criminal Appeals | 05/27/98 | |
| I Concur In The Results In This Case. In State v. Milton S. Jones, Jr., No.
01C01-9704-CC-00126
Originating Judge:Gary R. Wade |
Wayne County | Court of Criminal Appeals | 05/27/98 | |
| Welch vs. State
03C01-9702-CR-00043
Originating Judge:Lynn W. Brown |
Sullivan County | Court of Criminal Appeals | 05/27/98 | |
| State vs. Shirley
03C01-9610-CR-00369
|
Bradley County | Court of Criminal Appeals | 05/27/98 | |
| State vs. Virginia Gann
01C01-9704-CC-00164
Originating Judge:Gerald L. Ewell, Sr. |
Coffee County | Court of Criminal Appeals | 05/27/98 | |
| Elizabeth Anne Flickner v. Crete Carrier Corp.
03S01-9708-CH-00095
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with T.C.A. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. Ms. Flickner is 55 years old, has eight years of formal education, and has worked as a truck driver for most of her adult life. She testified that she injured her back in 1975 in a work-related accident in Florida, that she underwent back surgery after the injury, and that she received Florida workers' compensation benefits for that injury. Exhaustive attempts by the parties failed to discover her Florida workers' compensation records owing to the 2-year time lapse. Ms. Flickner testified that after the 1975 injury she recovered and was able to work full-time at various jobs, mostly truck driving, for the next 2 years. On June 16, 1995, she injured her lower back while driving a truck for Crete Carrier Corporation, and the extent of her vocational disability from that injury is the issue before us. After the 1995 injury, Ms. Flickner was treated by Dr. Robert E. Finelli, who diagnosed lumbar disk defects at L3/4 and L4/5, and scar tissue from her previous surgery at L3/4 and L5/S1. He performed extensive lumbar surgery on September 18, 1995. Vocational Rehabilitation Specialist Dr. Julian Naldosky testified for the employee that she could no longer perform her truck driving job and had no skills which would transfer to a semi-skilled, light or sedentary job. He opined that jobs available to her in her disabled condition, in light of her employment background, abilities and education, and assuming her ability to tolerate sitting and standing throughout the workday, would include cashier in a restaurant or parking lot, ticket seller, retail receiving clerk, automobile self-serve service station attendant, gate tender, security monitor, hardware assembler, gasket inspector, packager of small parts or small products, and a bottling line 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. Sharon Bell, |
Knox County | Workers Compensation Panel | 05/27/98 | |
| O1C01-9703-CC-00112
O1C01-9703-CC-00112
|
Williamson County | Court of Criminal Appeals | 05/27/98 | |
| Suntrust Bank vs. Johnson
M1997-00202-COA-R3-CV
This appeal involves a dispute between a commercial bank and the Tennessee Department of Revenue regarding the bank's claim for a refund of the sales taxes paid in connection with defaulted retail installment sales contracts purchased from various automobile dealers. After the Department denied its refund claim, the bank sued the Commissioner of Revenue in the Chancery Court for Davidson County seeking a refund. Both parties eventually sought a summary judgment. The trial court granted the Commissioner's motion for summary judgment after concluding that it did not have jurisdiction to consider the bank's claim. Alternatively, the trial court held that the bank was not entitled to the requested refund because it was not the dealer who originally remitted the sales tax to the Department. We have determined that the trial court erred by determining that it lacked jurisdiction to consider the bank's refund claim. However, we have also determined that the trial court correctly concluded that the bank was not entitled to the requested refund because it was not the dealer who remitted the sales tax at issue.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Ernest B. Pellegrin |
Davidson County | Court of Appeals | 05/26/98 | |
| State vs. Hodge
03C01-9704-CC-00160
|
Sevier County | Court of Criminal Appeals | 05/26/98 | |
| State vs. James Young
01C01-9605-CC-00208
Originating Judge:J. S. Daniel |
Rutherford County | Court of Criminal Appeals | 05/22/98 | |
| State vs. Luther McCutcheon
02C01-9708-CC-00298
Originating Judge:Julian P. Guinn |
Henry County | Court of Criminal Appeals | 05/22/98 | |
| State vs. Anna Eadie
01C01-9708-CC-00380
Originating Judge:David G. Hayes |
Montgomery County | Court of Criminal Appeals | 05/22/98 | |
| In State v. Preston, 759 S.W.2D 647 (Tenn. 1988), Our Supreme Court Held:
01C01-9708-CR-00362
|
Sumner County | Court of Criminal Appeals | 05/22/98 | |
| State vs. John Bakenhus
01C01-9705-CC-00165
Originating Judge:Robert W. Wedemeyer |
Montgomery County | Court of Criminal Appeals | 05/22/98 | |
| State vs. James Young
01C01-9605-CC-00208
Originating Judge:J. S. Daniel |
Rutherford County | Court of Criminal Appeals | 05/22/98 |