APPELLATE COURT OPINIONS

Plaintiff brought this action against defendant and his wife, Diane, alleging that defendant “entered into agreement with plaintiff for plaintiff to grade and excavate . . . in order to make said land usable”. Plaintiff further averred that he expended over $29,000.00 for heavy equipment and operators on excavation, and “purchased and installed piping at the cost of $3,604.00, for a total due in the amount of $33,530.09".

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. § 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law.

In this contract action, the Trial Judge entered judgment for plaintiff against defendant in the amount of $50,431.29, and dismissed defendant’s counterclaim which had sought damages for plaintiff’s alleged breach of the distributorship agreement.

The appellant, Brenda Starks (defendant), appeals as of right from the judgment of the trial court affirming the sentence, as amended, imposed by the General Sessions Court of Wilson County. After the defendant entered a plea of guilty to passing a worthless check, a Class A misdemeanor, she was sentenced to serve 364 days at 100% in the Wilson County Jail. Her entire sentence was suspended and she was placed on unsupervised probation. The General Sessions Court subsequently revoked the probation, and she appealed to the Criminal Court for Wilson County. The trial court affirmed the judgment of the General Session Court, but amended the judgment. The amended judgment provided for confinement in the Wilson County Jail for 364 days at 75%. In this court, the defendant contends: [T]he sentence she was given by the Criminal Court for Wilson
County, Tennessee, an eleven (11) month, twenty-nine (29) day sentence at seventy-five percent (75%), for the misdemeanor offense of passing a worthless check, T.C.A. 39-14-121, was excessive, in that the Court did not sentence Defendant pursuant to the applicable provisions of the Tennessee Criminal Sentencing Reform Act of 1989, T.C.A. 40-35-101, et. seq. After a thorough review of the record, the briefs submitted by the parties, and the laws applicable to this case, it is the opinion of this court the judgment of the trial court must be reversed and this cause dismissed because the defendant has served the entire sentence prior to the institution of the revocation proceedings in the General Sessions Court.

In this divorce action brought by Gloria E. Hill-Evans (Mother) against Bredell Michael Evans, Sr. (Father), the trial court awarded custody of the parties’ two minor sons to Mother with Father to have reasonable visitation. However, the trial court’s decree further provided that visitation be suspended “until both of the parties and the children have completed a counseling program which is satisfactory to the court, and the court has been furnished a report that the counseling course has been successfully completed. When the counseling process has been successfully completed, the court will consider the defendant’s visitation rights.”

In this case, the plaintiff claims that the defendant made an intentional misrepresentation in connection with the sale of a tract of unimproved real property. Following a bench trial, the court found that the defendant, Dean Russell Carrico (“Carrico”), had fraudulently misrepresented a material fact, resulting in a judgment of $21,911.97 for the plaintiff, Dr. Robert W. Bagby (“Bagby”). The trial court also found that Carrico’s conduct violated the Tennessee Consumer Protection Act of 1977, T.C.A. § 47-18-101, et seq. (“the Act”). Carrico appealed, raising three issues that present the following questions for our review: