APPELLATE COURT OPINIONS

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Mark Edward Kinsler, v. Carl Baker, et ux., Edith Baker

03A01-9703-CH-00080

In this suit, the Plaintiff seeks a determination that he owns a right-of-way from his property located in the Fourth District of Hancock Counter over the adjoining property of the Defendants.
 

Authoring Judge: Presiding Judge Houston M. Goddard
Originating Judge:Chancellor Thomas R. Frierson, II
Hancock County Court of Appeals 10/01/97
John Wayne Slate, Sr.,. v. State of Tennessee Board of Paroles, et al.

01A01-9704-CH-00155

The captioned plaintiff, a prisoner in custody of the Department of Correction awaiting execution has appealed from a decision of the Board of Paroles denying his request for parole. His death sentence has been stayed by a federal court which ordered a retrial of the issue of punishment. This retrial has not yet taken place.

Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Chancellor Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 10/01/97
Ralph Moore Creswell v. Billie Creswell Duff

01A01-9702-CH-00059

This complaint was filed July 17, 1978, by a Conservator seeking an accounting from a Trustee - Executrix.
 

Authoring Judge: Senior Judge William H. Inman
Originating Judge:Chancellor Henry D. Bell
Williamson County Court of Appeals 10/01/97
George M. Bond v. Com-Ther, Inc.

01A01-9704-CV-00149

The plaintiff and the defendant entered into a “Contract Services Agreement” in 1994 which provided, as pertinent to this case, that either party might terminate it at any time by giving 30 days notice to the other. On May 19, 1995, the defendant informed the plaintiff by letter that “ . . . we are discontinuing our relationship with you for Physical Therapy services, effective May 19, 1995. Normal procedure warrants a 30 day notice, however, in light of numerous complaints regarding your services, we feel it is necessary to cease services immediately.” This suit was filed in the General Sessions Court to recover compensation for 30 days. The plaintiff insists that because he was entitled to 30 days notice of termination of the contract, he is entitled to recover compensation during this period in accordance with his earnings history.

Authoring Judge: Senior Judge William H. Inman
Originating Judge:Judge Don R. Ash
Rutherford County Court of Appeals 10/01/97
State vs. James Edward Gates

01C01-9607-CR-00312
Davidson County Court of Criminal Appeals 09/30/97
State vs. Sneed

03C01-9610-CR-00371

Originating Judge:Frank L. Slaughter
Sullivan County Court of Criminal Appeals 09/30/97
State vs. McDonald

03C01-9611-CR-00414

Originating Judge:R. Steven Bebb
McMinn County Court of Criminal Appeals 09/30/97
Lambdin v. Old

03S01-9610-CH-00102
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The appeal has been perfected by defendants, Old Republic Insurance Company and Kopper-Glo Fuels, Inc., from an award to the plaintiff, Randy Lambdin, of 25% permanent partial disability to the body as a whole. Defendants seek to overturn the award on several grounds. They contend (1) the injury was not work-related, (2) proper notice of the injury was not rendered, (3) the claim was barred by the one year statute of limitations, and (4) the award of 25% to the whole body is excessive. Plaintiff was 4 years of age and had completed the eighth grade. He testified he was lifting a belt structure off a flat bed truck when he felt pain in his back. He said he reported the incident a day or two later to his supervisor, James Thacker. He also said he told the superintendent, Kore Chedester, about the same time. Plaintiff's brother, Ronald Lambdin, was working with plaintiff and another employee. He also testified Mr. Thacker was told about the incident causing the injury. Sometime after the event, plaintiff saw Dr. Mary Anne Woodring, a family practice physician who had seen plaintiff for prior health problems. He told the trial court he did not think the injury was serious. Dr. Woodring treated him for a muscle strain by giving medication and prescribing therapy. He continued to work and saw her several times through April, 1993. Since he did not get better, he went to see a chiropractor. Later, during October, 1993, he saw Dr. Ronald Dubin, who determined his condition was more serious and that he had a ruptured disc. Dr. Dubin's office notified defendant employer of the plaintiff's compensation claim when the office requested the identification number of the insurance company. Plaintiff testified he was repeatedly told by company representatives his medical expenses would be paid; that they stated there was a dispute between two insurance companies as to which company might be responsible; that David Burton, 2
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. Billy Joe White,
Knox County Workers Compensation Panel 09/30/97
Ricky D. Hulsey vs. State

01C01-9609-CC-00399

Originating Judge:W. Charles Lee
Lincoln County Court of Criminal Appeals 09/30/97
01C01-9605-CR-00184

01C01-9605-CR-00184
Davidson County Court of Criminal Appeals 09/30/97
Bunch vs. Cooper

03A01-9705-CV-00154
Knox County Court of Appeals 09/30/97
03C01-9611-CR-00429

03C01-9611-CR-00429

Originating Judge:D. Kelly Thomas, Jr.
Sullivan County Court of Criminal Appeals 09/30/97
Petition. See State v. Joseph Clyde Beard, Jr., No. 03C01-9502-Cr-000044,

01C01-9603-CC-00092

Originating Judge:Walter C. Kurtz
Davidson County Court of Criminal Appeals 09/30/97
State vs. Michael Amos

01C01-9601-CC-00011

Originating Judge:Jim T. Hamilton
Maury County Court of Criminal Appeals 09/30/97
State vs. AAA Aaron's Action Agency

01C01-9608-CR-00348
Davidson County Court of Criminal Appeals 09/30/97
State vs. Michael A. Baskette

01C01-9604-CC-00167
Franklin County Court of Criminal Appeals 09/30/97
State vs. Robert Moore

01C01-9608-CC-00335

Originating Judge:Allen W. Wallace
Court of Criminal Appeals 09/30/97
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Anderson County Court of Appeals 09/30/97
Marvin Goodman vs. State

01C01-9607-CR-00286

Originating Judge:J. Randall Wyatt, Jr.
Davidson County Court of Criminal Appeals 09/30/97
Arthur L. Armstrong vs. State

01C01-9608-CR-00331
Davidson County Court of Criminal Appeals 09/30/97
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Sullivan County Court of Appeals 09/30/97
State vs. Thompson

03C01-9609-CR-00353

Originating Judge:E. Eugene Eblen
Roane County Court of Criminal Appeals 09/30/97
Lorenzo C. Waters vs. State

01C01-9609-CR-00402
Davidson County Court of Criminal Appeals 09/30/97
Tony Craig Woods vs. State

01C01-9606-CR-00238

Originating Judge:Thomas H. Shriver
Davidson County Court of Criminal Appeals 09/30/97
State vs. Justes

03C01-9610-CR-00368
Morgan County Court of Criminal Appeals 09/30/97