APPELLATE COURT OPINIONS

Please enter some keywords to search.
Dept. of Children's Svcs. vs. Stanfill

01A01-9710-JV-00616

Originating Judge:Andrew J. Shookhoff
Davidson County Court of Appeals 05/29/98
State vs. William Jordan

01C01-9703-CC-00100

Originating Judge:William B. Cain
Giles County Court of Criminal Appeals 05/28/98
State vs. Pierson

03C01-9709-CR-00334

Originating Judge:Phyllis H. Miller
Sullivan County Court of Criminal 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
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
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
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
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
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. Michael Wasson

02C01-9708-CR-00323

Originating Judge:Bernie Weinman
Shelby 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
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