APPELLATE COURT OPINIONS

The appellant, Phillip Mangrum, pled guilty in the Criminal Court of Sumner County to aggravated burglary, a class C felony. Tenn. Code Ann. § 39-14-403 (1991). The trial court sentenced the appellant as a multiple offender within range II to eight years incarceration in the Department of Correction. The appellant appeals from this sentence, contending, in essence, that (1) the appellant’s status as a multiple offender is not supported by the record; (2) the State’s notice of enhanced sentencing was inadequate under the Sentencing Act and Tenn. R. Crim. P. 12.3; and (2) his sentence is excessive.

In this case, the defendant, The Krystal Company (Krystal), appeals a jury verdict holding it liable for personal injuries received by the plaintiff, Ali Agha Batebi (Batebi), from a criminal assault by a third party while on Krystal's property. We affirm.

This appeal represents three consolidated cases. The defendant pled guilty to three counts of forgery, one count of theft over one thousand dollars ($1000), two counts of passing a forged check, and one count of passing a worthless check. For each count of forgery and passing a forged check, the trial court sentenced the defendant to three years in the Department of Correction as a Range II multiple offender. For the theft offense, the trial court sentenced her to three years in the Department of Correction as a Range I standard offender. For passing a worthless check, the trial court sentenced her to eleven months and twenty-nine days at seventy-five percent (75%) to be served in the Sumner County jail. All sentences were ordered to run concurrently.

The Court below held defendant in civil contempt for violating a permanent 2 injunction that prohibited him from obstructing the right-of-way on a state highway. Defendant has appealed and takes issue with the trial court’s denial of his motion to dismiss and with the sufficiency of the judgment. We have determined that the record supports the trial court’s finding of civil contempt and, therefore, we affirm.

The original plaintiff in this case, Billy Gwin Mitchell (“plaintiff” or “Mitchell”) filed suit in the Chancery Court of Shelby County seeking to enjoin the foreclosure of a deed of trust. Named as defendants were Sam F. Cole, Jr., Substitute Trustee  f the Estate of Prudence Reynolds, and Gerald W. Pickens, Administrator CTA (“defendants” or by name). Defendants filed an answer and a counter-complaint in which they contended, among other things, that the records of Mitchell’s Chapter 11 bankruptcy case reflected Mitchell’s confirmed amended plan of reorganization mandated that Mitchell pay the mortgage indebtedness to Ms. Reynolds in accordance with the terms of the promissory note. As counter-plaintiffs, Cole and Pickens sought a money judgment for the principal balance due and owing on the note, plus accrued interest and attorney’s fees and costs. At the conclusion of all the proof, the case was submitted to a jury, and after issues of fact had been resolved, the special chancellor entered a judgment in favor of the Reynolds estate in the amount of $41,101.64 on the promissory note and attorney’s 2 fees in the amount of $21,900.00.