APPELLATE COURT OPINIONS

The defendant, Robbie E. Pickett, pleaded nolo contendere to one count of leaving the scene of an accident involving injury, see T.C.A. § 55-10-101. At sentencing, the trial court imposed a sentence of 11 months and 29 days’ confinement to be served at 75 percent before reaching release eligibility. On appeal, the defendant argues that the trial court improperly considered as enhancement its opinion that the facts of the case supported a greater charge and that the sentence is excessive. Discerning no error, we affirm the judgment of the trial court.

The employee was injured in 2007 and returned to work for his pre-injury employer. The employee’s claim was settled in November 2007 and was subject to the one and one-half times impairment cap set out in Tennessee Code Annotated section 50-6-241(d)(1)(A). In July 2009, the employee was diagnosed with cancer, and he took a medical leave of absence. The employee remained on leave for over one year. The employer’s policy permitted one year of medical leave. When the employee was unable to return to work in July 2010, he was terminated pursuant to that policy. The employee then sought reconsideration of the November 2007 settlement. The trial court found that the employee was not eligible for reconsideration. The employee has appealed, contending that the trial court’s ruling was erroneous. We affirm the judgment of the trial court.

Defendant corporation, which failed to appear for trial, appeals the trial court’s entry of a judgment against it. Defendant asserts that the trial court erred in denying its Tenn. R. Civ. P.60.02 motion for relief from judgment and in awarding the plaintiff damages that exceeded the ad damnum clause of the complaint. Finding no error, we affirm.
 

Pursuant to Tennessee Supreme Court Rule 51, this workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law. The employee injured his lower back on August 22, 2005. The trial court approved a settlement of his workers’ compensation claim in 2008. The order approving the workers’ compensation settlement provided for future authorized medical treatment in accordance with Tennessee Code Annotated section 50-6-204. In January 2011, the employee’s treating physician recommended a surgical procedure. The employer’s medical utilization review provider determined that the medical necessity of the procedure was not documented, and the employer denied approval for the procedure. The employee appealed the decision to the Department of Labor and Workforce Development (“the Department”), and the Department’s medical director did not overturn the utilization review decision. The employee then filed a petition in the trial court, seeking an order requiring the employer to authorize the surgery. The trial court granted the petition but denied the employee’s application for attorney’s fees. The employer has appealed, contending that the trial court erred by granting the petition, that the employee failed to exhaust his administrative remedy, and that the petition is barred by res judicata and collateral estoppel. The employee has appealed from the denial of an award of attorney’s fees. We vacate the judgment of the trial court and dismiss the case without reaching the merits of the appeal.

An employee viewed the bodies of co-workers who had died as a result of work accidents on two separate occasions in February and April 2008. On June 23, 2008, the employee was diagnosed with post-traumatic stress disorder caused by the two incidents. On June 23,2009, the employee requested a benefit review conference. The employer filed a complaint to determine the amount of workers’ compensation benefits due. The employer subsequently filed a motion for summary judgment contending that the statute of limitations commenced on the date of the second accident and that the claim was therefore barred. The employee contended that the statute did not begin to run until the date of his diagnosis and that his claim was timely. The trial court granted the employer’s motion. The employee appealed. We reverse the judgment of the trial court and remand the case for entry of a judgment consistent with the trial court’s alternative findings.
 

Much aggrieved by his convictions of aggravated rape and robbery and resulting 23-year sentence of imprisonment, the petitioner, Ricky Lee Morgan, filed a timely petition for post-conviction relief alleging that his guilty pleas were involuntarily and unknowingly entered due to the ineffective assistance of counsel. Following the appointment of counsel and an evidentiary hearing, the post-conviction court denied relief. Discerning no error, we affirm the post-conviction court’s order.

Following his Davidson County Criminal Court jury convictions of conspiracy to possess with the intent to sell 26 grams or more of cocaine, two counts of facilitation of the sale of 26 grams or more of cocaine, and possession of 26 grams or more of cocaine for resale, the petitioner filed a petition for post-conviction relief alleging that his convictions were caused by the ineffective assistance of counsel. After an evidentiary hearing, the post-conviction court denied relief. Discerning no error, we affirm the order of the post-conviction court.

This is a certiorari proceeding in which an inmate seeks review of a disciplinary board proceeding that found him guilty of assault on another inmate. Petitioner asserts that the manner in which the disciplinary proceeding was conducted violated Tennessee Department of Correction policies. Finding no error, we affirm the decision of the trial court.
 

Homeowner challenges the trial court’s dismissal at the summary judgment stage of all of her claims against lenders. We reverse the trial court’s grant of summary judgment with respect to the homeowner’s claims for intentional misrepresentation, negligent misrepresentation, fraud, and violation of the Truth-In-Lending Act. We affirm the trial court’s dismissal of her claim under the Tennessee Consumer Protection Act.
 

Plaintiffs, who voluntarily dismissed their lawsuit, appeal the trial court’s award of discretionary costs to the defendants. Finding no error, we affirm the judgment.
 

Petitioner, Jesse Wade Glover, appeals from the post-conviction court’s denial of post conviction relief. Petitioner was convicted following a jury trial of facilitation of the promotion of methamphetamine manufacture, a Class E felony, and sentenced by the trial court as a Range II, multiple offender, to four years incarceration. This Court affirmed Petitioner’s conviction on direct appeal. State v. Jesse Wade Glover, No. W2008-00185- CCA-R3-CD, 2009 WL 2015230 (Tenn. Crim. App. at Jackson, filed July 13, 2009), perm. app. denied (Tenn., Nov. 23, 2009). A summary of the facts underlying Defendant’s conviction can be found in this Court’s opinion cited above. Defendant timely filed a pro se petition for post-conviction relief, asserting as grounds that he received the ineffective assistance of counsel at trial. Petitioner was appointed counsel to represent him. Following an evidentiary hearing, the post-conviction court denied relief. After a careful review of the record, we affirm the judgment of the post-conviction court.

A Davidson County jury convicted the Defendant, Demance Beasley, of first degree felony murder, aggravated assault, and possession of .5 grams or more of cocaine with the intent to sell or deliver. The trial court sentenced the Defendant to an effective sentence of life in the Tennessee Department of Correction. On appeal, the Defendant asserts that the evidence is insufficient to sustain his conviction for felony murder because the State’s witnesses provided inconsistent testimony and were not credible. After a thorough review of the record and applicable law, we affirm the trial court’s judgments.

Wilson County appeals from the trial court’s denial of its Tennessee Rule of Civil Procedure 60.02 motion to set aside an agreed order of compromise and settlement based upon its contention that the agreement would violate a policy of the Wilson County Road Commission and that it “forgot” the policy when entering into the agreed order. The county also appeals from the trial court’s finding that it was in contempt of the agreed order and must comply with the order within six months, the trial court’s denial of its request to stay the judgment, and the trial court’s award of $750 in attorney’s fees to the plaintiff. Finding the trial court did not abuse its discretion, we affirm the trial court in all respects.
 

The Petitioner, Cleven Johnson, pled guilty to several charges that spanned six different cases: one count of attempting to sell more than .5 grams of cocaine within a drug-free zone; three counts of possession of a weapon in the commission of a felony; one count of evading arrest; two counts of driving on a suspended license; two counts of driving without insurance; one count of driving under the influence, first offense; one count of simple possession of marijuana; one count of possession of a weapon; two counts of aggravated burglary; six counts of attempted especially aggravated kidnapping; one count of aggravated robbery; two counts of aggravated assault; one count of attempted aggravated sexual battery; one count of especially aggravated burglary; and one count of attempted first degree murder. The plea agreement included a total effective sentence of forty years. The Petitioner filed a petition for post-conviction relief, and the post-conviction court dismissed the petition after holding a hearing. On appeal, the Petitioner contends that he received the ineffective assistance of counsel. After a thorough review of the record and applicable authorities, we affirm the post-conviction court’s dismissal of his petition.

After being indicted for driving under the influence of intoxicants (DUI), reckless driving, and violation of the implied consent law, Defendant, Evan Deyo, entered into a negotiated plea agreement and reserved a certified question of law for appeal. The question reserved for appeal specifically states the issue as: “whether the Court erred in denying the Defendant’s Motion to Dismiss based on the fact that his pre-trial detention was not for a valid remedial purpose but rather was punitive.” After review of the record and the briefs, we affirm the judgment of the trial court.

The Petitioner, Dwight Randy Rowe, pled guilty to sale of a controlled substance in a drug-free school zone and to possession of a weapon during the commission of a dangerous felony. The trial court sentenced him to an effective sentence of eleven years in the Tennessee Department of Correction. The Petitioner filed a petition for post-conviction relief, claiming his trial counsel was ineffective because he incorrectly advised him of parole eligibility and failed to throughly investigate the case or prepare a defense. After an evidentiary hearing, the post-conviction court dismissed the petition. After a thorough review of the record and applicable law, we affirm the post-conviction court’s judgment.

This appeal involves various claims by a beneficiary of several trusts against his sister and her husband, who serve as the trustee and co-trustee of some of the trusts. The defendants/trustees filed a motion for partial summary judgment, claiming that they had followed the terms of the trusts and paid the beneficiary all distributions to which he was entitled pursuant to the trust documents. In response, the beneficiary asserted that the trust documents were void either because they were fabricated, or because he executed them due to undue influence. The trial court granted the defendants’ motion for partial summary judgment, and the beneficiary voluntarily dismissed all of his remaining claims. The beneficiary appeals. We affirm in part, reverse in part, and remand for further proceedings.

A Shelby County Grand Jury returned an indictment against Defendant, James Britt, charging him with premeditated first degree murder. Following a jury trial, Defendant was convicted of the offense and received a life sentence. On appeal, Defendant argues that the evidence was insufficient to support his conviction and that the trial court erred in admitting two autopsy photographs. After a thorough review, we affirm the judgment of the trial court.

Petitioner, Jason M. Justice, appeals from the trial court’s denial of his petition for postconviction relief. Petitioner was convicted following a jury trial of first degree murder and sentenced by the trial court to life imprisonment. This Court affirmed Petitioner’s conviction on direct appeal. State v. Jason M. Justice, No. W2008-01009-CCA-R3-CD, 2009 WL 1741398 (Tenn. Crim. App. at Jackson, June 15, 2009), perm. app. denied (Tenn., Nov. 23, 2009). An appellate summary of the facts underlying Petitioner’s conviction can be found at this Court’s opinion cited herein. In this appeal as of right, Petitioner asserts: 1) that he received the ineffective assistance of counsel at trial; 2) that he received the ineffective assistance of counsel at the post-conviction proceedings; and 3) the post-conviction court erred by denying Petitioner’s requests to have his post-conviction counsel relieved and the post-conviction hearing continued. After a careful review of the record, we find no error and affirm the judgment of the post-conviction court.

The Defendant, Weldon Christopher Frazier, was found guilty by a Knox County Criminal Court jury of two counts of aggravated sexual battery, a Class B felony. See T.C.A. § 39-13-504 (2010). The trial court merged the convictions and sentenced the Defendant as a Range I, standard offender to eight years’ confinement. On appeal, the Defendant contends that the trial court erred by (1) denying his motion to suppress his initial statements to the police, (2) not granting a mistrial after a witness for the State mentioned polygraphs, plea negotiations, and used the word “confession” to characterize the Defendant’s statements to the police, and (3) refusing to give a jury instruction regarding his not fleeing. We affirm the judgment of the trial court.

Wife appeals the trial court’s classification of property and its division of marital property following the parties’ divorce. She also argues that Husband failed to demonstrate his need for spousal support and that the award exceeds Husband’s actual need. We affirm the decision of the chancery court. We find it appropriate to award Husband his attorney fees incurred on appeal, and we remand to the trial court for a determination of such fees reasonably incurred.

Plaintiff was severely injured when a padlock, which was allegedly thrown from a City of Memphis mower, broke through her vehicle window. Plaintiff and her husband successfully sued the City. On appeal, the City argues, among other things, that the trial court erred in denying its motion to amend its answer to assert the affirmative defense of the Public Duty Doctrine. Because the trial court’s order denying the City’s motion to amend fails to explain the basis for its denial, we are constrained to remand the case to the trial court for entry of a reasoned explanation of its actions regarding the City’s motion to amend its answer.

The trial court denied Plaintiff’s motion to continue and awarded summary judgment to Defendant Bank. We affirm.

The Defendant-Appellant, David Edward Niles, was convicted by a Bedford County jury of first degree premeditated murder and was sentenced by the trial court to life imprisonment. On appeal, Niles argues: (1) the trial court erred in denying his motion to suppress evidence seized during the search of his residence; (2) the evidence was insufficient to sustain his conviction; and (3) the trial court abused its discretion in denying his ex parte motion for funds for a psychiatrist. Upon review, we affirm the judgment of the trial court.
 

In this divorce action, Father appeals certain provisions of the parenting plan, the award of rehabilitative alimony and award of counsel fees to Wife, and the finding that he was in criminal contempt. Mother appeals the valuation and division of marital assets, the failure of the court to require that payments to Mother be secured, rulings with reference to certain pre-trial matters, and the classification of alimony. We remand the case for further consideration of the amount of Father’s annual contributions into the children’s educational accounts; we affirm the judgment in all other respects.