State vs. Judy Leath
01C01-9511-CC-00393
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Macon County | Court of Criminal Appeals | 02/10/98 | |
State vs. Harry Reed
01C01-9701-CC-00007
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Williamson County | Court of Criminal Appeals | 02/10/98 | |
Stephens vs. Revco
03A01-9708-CV-00351
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Court of Appeals | 02/10/98 | ||
State vs. Gaylen Rhodes
02C01-9703-CC-00121
Originating Judge:C. Creed Mcginley |
Hardin County | Court of Criminal Appeals | 02/10/98 | |
Worley vs. State
03A01-9708-JV-00366
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Court of Appeals | 02/10/98 | ||
State vs. Mark Rawlings
02C01-9612-CR-00475
Originating Judge:Joseph B. Mccartie |
Shelby County | Court of Criminal Appeals | 02/10/98 | |
Knoll vs. Knoll
03A01-9707-CH-00275
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Court of Appeals | 02/10/98 | ||
State vs. Darwin Windham
02C01-9705-CC-00196
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Weakley County | Court of Criminal Appeals | 02/10/98 | |
Donald Neil Pierce, v. Branda Ann Radford Pierce
03A01-9707-GS-00250
This is a divorce case. On appeal, Brenda Pierce (wife) raises the issues of whether the tril court erred by refusing to grant her periodic alimony, by failing to grant her the divorce, and by failing to grant her discretionary costs and attorney's fees. We modify the judgment and affirm as modified.
Authoring Judge: Judge Don T. McMurray
Originating Judge:Judge Thomas A. Austin |
Roane County | Court of Appeals | 02/09/98 | |
Cheri Owens Tuncay v. Engin Halif Tuncay - Concurring
02A01-9709-CH-00209
This is a divorce case. Plaintiff-appellant Cheri Owens Tuncay was granted a divorce on the ground of inappropriate marital conduct. Mrs. Tuncay appeals the trial court’s division of the marital debts as well as the court’s failure to award her alimony beyond $5,000 in attorney fees.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Chancellor D. J. Alissandratos |
Shelby County | Court of Appeals | 02/09/98 | |
Larry Stephen Roseberry, v. Janis Roseberry
03A01-9706-CH-00237
In this divorce action, the appellant (husband) appeals from the judgment of the trial court questioning the amount of child support he was ordered to pay, the division of marital property and alimony, including the amount, nature, and duration. The appellee (wife) seeks attorney fees for this appeal. No issue is presented relating to the granting of the divorce. We note that at the time of the trial, the husbanc had more than enough life insurance in force to satisfy this requirement.
Authoring Judge: Judge Don T. McMurray
Originating Judge:Judge Earle G. Murphy |
Knox County | Court of Appeals | 02/09/98 | |
William Jeffrey Tarkington, v. Rebecca Juanita Tarkington
01A01-9706-CV-00270
The husband, William Jeffrey Tarkington, has appealed from a judgment of the Trial Court finding him and his wife, Rebecca Juanita Tarkington, guilty of inappropriate marital conduct and declaring them to be divorced pursuant to TCA § 36-4-129.
Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Judge Muriel Robinson |
Davidson County | Court of Appeals | 02/06/98 | |
Wilma Jean Lampley, v. Gordon Ray Lampley
01A01-9708-CH-00423
This is a post-divorce decree proceeding in which the defendant husband has appealed from an unsatisfactory disposition of his counter petition to terminate alimony.
Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Judge H. Denmark Bell |
Williamson County | Court of Appeals | 02/06/98 | |
Joey Brown, as next friend and natural guardian of Mitchell W. Brown, v. Walmart Discount Cities
01A01-9705-CV-00217
In this slip and fall case in which a child slipped on some ice cubes in the vestibule of a large department store, the jury returned a verdict for the plaintiff but attributed 70 % of the fault to the unknown person who placed or dropped the ice on the floor. Ruling on a post-trial motion, the trial judge held that the store’s fault was 100% because the plaintiff could not sue the unknown tortfeasor. On appeal, the defendant asserts that there is no evidence to support the verdict and that the trial judge erred in modifying the jury’s verdict with respect to the degree of fault. We find that there is evidence from which the jury could have found that the store was negligent and that the store cannot attribute part of the fault to the unknown tortfeasor. We, therefore, affirm the lower court’s judgment.
Authoring Judge: Judge Ben H., Cantrell
Originating Judge:Judge Jim T. Hamilton |
Lawrence County | Court of Appeals | 02/06/98 | |
Citizens For Collierville, Inc., A Tennessee Corporation, v. Town of Collierville, et al.
02A01-9707-CH-00142
Plaintiff/Appellant, Citizens for Collierville (“CFC”) appeals from the order of the 2 Chancery Court of Shelby County, Tennessee, which declared valid the decision of the Board of Mayor and Aldermen of the Town of Collierville approving of Resolution 96-35 with respect to the application of Baptist Memorial Hospital (“BMH”) for a planned development pursuant to the Town of Collierville’s zoning ordinance. For reasons stated hereinafter, we affirm the judgment of the trial court.
Authoring Judge: Judge Alan E. Highers
Originating Judge:Chancellor Neal Small |
Shelby County | Court of Appeals | 02/06/98 | |
State of Tennessee, Department of Human Services, v. Sylvia Fetterolf Ford, and Stanley Fetterolf
01A01-9704-JV-00171
The State of Tennessee filed a petition to rehear in the above styled case on November 24, 1997. The State contends this court should rehear the case pursuant to Rule 39 of the Tennessee Rules of Appellate Procedure. Specifically, it contends our decision 1) conflicts with existing case law, 2) conflicts with a principle of law, and 3) overlooks a material fact upon which the parties were not heard. It is the opinion of this court that the motion is not well taken and, therefore, should be denied. Originating Judge:Judge Ben H. Cantrell |
Putnam County | Court of Appeals | 02/06/98 | |
Homebound Medical Care of Southeast Tennessee, Inc., v. Hospital Staffing Services of Tennessee, Inc. Jeanine Warren, Nancy Hyde, AllCare Professional Svcs., and Stella Messer
03A01-9707-CH-00303
This is an action whereby the plaintiff seeks to enforce a convenant not to compete in an employment agreement between the defendant, Warren, and the plaintiff. The defendants moved for summary judgment. The motion did not set out any grounds for relief but simply stated that defendants "file this motion for Summary Judgment, pursuant to Rule 56 of the Tennesse Rules of Civil Procedure" and referred the court to grounds stated in their briefs in support of themotion. The brief is not included in the record. Apparently, the parties did not make a designation of record and the Clerk of the court correctly omitted the brief pursuant to Rule 24, Tennessee rulesof Appellate Procedure.
Authoring Judge: Judge Don T. McMurray
Originating Judge:Chancellor Howard N. Peoples |
Court of Appeals | 02/06/98 | ||
Rickye D. Anderson v. Lois L. Anderson
01A01-9704-CH-00186
Rickye D. Anderson (the Father) appeals the trial court’s order denying his petition to reduce his child support payments to his ex-wife, L. Lois Anderson (the Mother), and ordering him to pay a portion of the Mother’s attorney’s fees. We affirm.
Authoring Judge: Judge Alan E. Highers
Originating Judge:Chancellor Robert E. Corlew, III |
Rutherford County | Court of Appeals | 02/06/98 | |
Gina Franklin et al., v. Allied Signal, Inc.
02A01-9704-CV-00088
This appeal involves a suit filed by plaintiffs, Gina (“Mrs. Franklin”) and Barnee Franklin (“the Franklins”), against defendant, Allied Signal, Inc. (“Allied”), for personal injuries sustained when Mrs. Franklin tripped and fell on Allied’s premises on a metal loading ramp which protruded above the dock floor by one to two inches. The trial court granted Allied’s motion for summary judgment. The Franklins appeal and pose the following issues for our consideration: (1) whether the trial court committed error in granting the defendant’s motion for summary judgment; and (2) whether the “open and obvious rule” bars plaintiff’s recovery or is only a factor to be considered in assessing comparative negligence. For reasons stated hereafter, we reverse the judgment of the trial court and remand.
Authoring Judge: Judge Alan E. Highers
Originating Judge:Judge Whit A. Lafon |
Madison County | Court of Appeals | 02/06/98 | |
Charles O'Guinn v. State of Tennessee
03C01-9703-CR-00084
Charles Ray O’Quinn, the petitioner, appeals pursuant to Rule 3, Tennessee Rules of Appellate Procedure, from the trial court’s dismissal of his petition for writ of habeas corpus. On July 27, 1989, the petitioner pleaded guilty to two counts of aggravated rape. The offenses occurred in April or May, and in June, 1988. He received Range II sentences of 35 years in the aggregate. The petitioner contends that his convictions for aggravated rape are void because the indictment failed to allege the mens rea for that offense. See State v. Roger Dale Hill, No. 01C01-9508-CC-00267 (Tenn. Crim. App., Nashville, June 20, 1996), rev'd, 954 S.W.2d 725 (Tenn. 1997).
Authoring Judge: Judge Lynn Brown
Originating Judge:Judge J. Curwood Witt |
Johnson County | Court of Criminal Appeals | 02/06/98 | |
Roger Perry and Doris Perry, v. Donald Van Hise and Josephine Van Hise, Individually and D/B/A Van Hise Construction Company
01A01-9705-CH-00227
This appeal involves the construction of a home. Plaintiffs engaged one of the defendants, Donald Van Hise, (hereafter, the defendant) to construct a home on their property. On May 24, 1994, defendant signed a proposal to construct the house, reserving the right to withdraw the proposal within 30 days, if not accepted by plaintiff. One of the plaintiffs signed an acceptance of the proposal. The other did not. On June 25, 1994, defendant tendered another proposal on different terms, which proposal was accepted by both plaintiffs. The second proposal contained an estimated time of completion of 3-1/2 - 4-1/2 months. Both proposals contained a base contract price subject to revision for changes during construction. Both contracts refer to “plans and specifications” but the record contains no plan and only a partial set of specifications. The plans and specifications were not specifically prepared for plaintiffs, but were “generic,” that is, sold on the general market, to be altered as desired; and alterations were made, producing part of the present controversy. Promptly after the second proposal was accepted.
Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Judge Charles D. Haston, Sr. |
Court of Appeals | 02/06/98 | ||
JoAnne Pollock v. Donnie F. Pollock
01A01-9706-CH-00271
The defendant, Donnie F. Pollock, has appealed from the judgment of the Trial Court awarding the plaintiff a divorce on grounds of adultery and inappropriate marital conduct, awarding plaintiff, $8,000.00 alimony in solido and $500.00 per month alimony until she reaches 65 years or one of the parties dies; ordering defendant to pay $2,400.00 of plaintiff’s attorneys fees, and distributing the marital estate and liability for debts.
Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Judge Robert L. Jones |
Lawrence County | Court of Appeals | 02/06/98 | |
John Edmund Streun vs. Delores Jean Streun - Concurring
03A01-9707-CV-00299
This is a divorce case. Following a bench trial, the court awarded Delores Jean Streun (“Wife”) an absolute divorce on the ground of inappropriate marital conduct, divided the parties’ property, and ordered John Edmund Streun (“Husband”) to pay periodic alimony in futuro of $350 per month. Husband appealed, arguing, in effect, that the evidence preponderates against the trial court’s determination that Wife was entitled to periodic alimony in futuro. Wife contends that the alimony award is appropriate. She submits an additional issue -- that, in her words, “the trial court erred in not enforcing the parties’ settlement agreement of November 7, 1995.”
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Judge Robert M. Summitt |
Hamilton County | Court of Appeals | 02/05/98 | |
Manuel Branch, Jr., v. Rodney McCroskey and Governor John Sevier Memorial Association
03A01-9709-CV-00385
In this action, the appellant (plaintiff) sought a recovery for damages sustained to his pickup truck, lost earnings and related expenses caused by a collision between his vehicle and a horse belonging to the defendant, Rodney McCroskey. The accident occurred in the plaintiff's lane of travel on a public road, generally referred to as the Governor John Sevier HIghway. The defendant, Rodney McCroskey, filed a cross-claim against the defendant, Governor John Sevier Memorial Association. He, owever, was permitted to take a voluntary non-suit. The case was tried before a jury and resulted in a verdict for the appelles (defendants) in the original action. Judgment for the defendants was duly entered on the verdict. The plaintiff filed a motion for a judgment notwithstanding the verdict (JNOV) or in the alternative for a new trial. The motion was overruled and this appeal resulted. We affimr the judgment of the trial court.
Authoring Judge: Judge Don T. McMurray
Originating Judge:Judge Dale Workman |
Knox County | Court of Appeals | 02/05/98 | |
John L. Miller v. Scott D. Williams
03A01-9707-CV-00270
This appeal questions the adequacy of a jury’s verdict. The plaintiff, John L. Miller (“Miller”)1, alleged in his complaint that he sustained physical and emotional injuries and medical expenses when his automobile was struck from behind by a vehicle driven by the defendant, Scott D. Williams (“Williams”).2 After Williams admitted liability at trial, the jury awarded Miller damages of $45,000. Miller then filed a motion for an additur or a new trial. The trial court denied his motion, and this appeal followed. The sole issue3 on this appeal is whether the trial court erred in failing to suggest an additur or grant a new trial due to the alleged inadequacy of the jury’s award.
Authoring Judge: Presiding Judge Houston M. Goddard
Originating Judge:Chancellor William E. Lantrip |
Anderson County | Court of Appeals | 02/05/98 |