Fay Thomas Nutt v. Champion International Corporation
01S01-9705-CH-00114

This cause came on to be heard upon the record on appeal from the Special Worker’s Compensation Appeals Panel, and the briefs and argument of counsel; and upon consideration thereof, this Court is of the opinion that the 1996 amendment to Tenn. Code Ann. § 50-6-114 of the Workers’ Compensation Act is not retroactive and the employer is not entitled to an offset against the worker’s compensation award in this case.

Billy R. Phillips v. Tennessee Technological University, State of Tennessee
01S01-9708-BC-00173
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: Commissioner W.R. Baker

We granted this appeal to address whether the State may be liable for discretionary costs pursuant to Tenn. R. Civ. P. 54.04(2) in a workers' compensation case. We hold that the State may only be taxed for costs expressly permitted by either the Tennessee claims commission statute or the Workers' Compensation Act.

Billy R. Phillips v. State of Tennessee v. Tennessee Technological University, State of Tennessee
01S01-9708-BC-00173
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: Commissioner W.R. Baker

We granted this appeal to address whether the State may be liable for discretionary costs pursuant to Tenn. R. Civ. P. 54.04(2) in a workers' compensation case. We hold that the State may only be taxed for costs expressly permitted by either the Tennessee claims commission statute or the Workers' Compensation Act.

Baptist Hospital, et al., v. Tennessee Department of Health and Department of Finance and Administration
01S01-9711-BC-00249
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: Commissioner W. R. Baker

We granted this appeal to determine whether the Tennessee claims commission has subject matter jurisdiction over the plaintiffs’ challenge to certain Medicaid reimbursements paid to them by the State. Upon review, we hold that the Tennessee claims commission lacks subject matter jurisdiction over this case. Because the plaintiffs’ challenge is based upon an assertion that a state Medicaid regulation is invalid under federal law, the Tennessee Department of Health was the agency with subject matter jurisdiction over this case pursuant to Tenn. Code Ann. § 4-5-223 of the Uniform Administrative Procedures Act ("UAPA").

Baptist Hospital v. Tennessee Departments of Health and Finance and Administration
01S01-9711-BC-00249
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: Commissioner W. R. Baker

We granted this appeal to determine whether the Tennessee claims commission has subject matter jurisdiction over the plaintiffs’ challenge to certain Medicaid reimbursements paid to them by the State. Upon review, we hold that the Tennessee claims commission lacks subject matter jurisdiction over this case. Because the plaintiffs’ challenge is based upon an assertion that a state Medicaid regulation is invalid under federal law, the Tennessee Department of Health was the agency with subject matter jurisdiction over this case pursuant to Tenn. Code Ann. § 4-5-223 of the Uniform Administrative Procedures Act ("UAPA").

Edmund George Zagorski v. State of Tennessee
01S01-9711-CC-00240
Authoring Judge: Justice William M. Barker
Trial Court Judge: Judge Jane W. Wheatcraft

We granted this post-conviction appeal to determine whether there is ineffective assistance of counsel where, at the express instruction of a competent and fully informed defendant, defense counsel does not investigate or present mitigating evidence at the sentencing phase of a capital trial. For the reasons provided herein, we hold that there is not.

Jimmy Jones, Jr. vs. State of Tennessee
01C01-9804-CR-00162
Authoring Judge: Judge L. T. Lafferty
Trial Court Judge: Judge Jane W. Wheatcraft

The appellant, Jimmy Jones, Jr., appeals the dismissal of his pro se motion to reopen post-conviction petition or in the alternative a petition for habeas corpus relief by the Sumner County Criminal Court. In December, 1987, the appellant was convicted by a Sumner County jury on two counts of armed robbery and one count of burglary. The appellant received concurrent Range II sentences of forty-five years for the armed robbery convictions and fourteen years for the burglary conviction to run consecutively. On direct appeal, the appellant alleged trial errors as to (1) the sufficiency of the evidence to sustain the verdicts, (2) whether the trial court erred in limiting production of police reports, and (3) whether his effective sentence of fifty-nine years was excessive. In January, 1989, this court affirmed the judgment of the trial court in State v. Jimmy Jones, Jr., Sumner County No. 88-58-III (Tenn. Crim. App., Nashville, January 11, 1989) per. app. denied (Tenn. 1989).

Crossett v. Babcock Inds., Faultless Caster Div. and The Ins.Co. of Pa.
01S01-9803-CV-00045
Authoring Judge: Per Curiam
Trial Court Judge: Hon. Thomas Goodall

Miller High v. Gf Office Furniture, Ltd.
01S01-9804-CH-00068
Authoring Judge: Per Curiam
Trial Court Judge: Hon. Thomas E. Gray

Patricia Jones v. Rosewood Manor, Inc.
01S01-9710-CH-00219
Authoring Judge: Per Curiam
Trial Court Judge: Hon. Jim T. Hamilton
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with

Walden v. New Life Ministries
03S01-9709-CH-00115
Authoring Judge: Roger E. Thayer, Special Judge
Trial Court Judge: Hon. Earl H. Henley,
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 employer, New Life Bible Church, Inc., has perfected this appeal from a ruling of the trial court in awarding the employee, William E. W alden, a judgment in the sum of $34,187.64 representing a recovery for unpaid medical expenses in the sum of $33,193.69 and for reimbursement of travel expenses in the sum of $993.95. The trial court found plaintiff's claim compensable and fixed an award of permanent partial disability at 5% to his right arm. In addition, the court allowed certain discretionary costs and fixed attorney's fees. On appeal there is no dispute concerning the 5% award, the allowance of discretionary costs or the award of attorney's fees. The sole issue relates to that portion of the judgment awarding plaintiff a monetary judgment for medical expenses incurred but remaining unpaid at the time of the trial. Defendant employer argues the judgment should have directed it to pay the various health care providers and it was error to allow the employee to recover same without having paid the medical expenses. In support of this contention, the employer cites and relies on the holdings of the Supreme Court in the case of Staggs v. National Health Corp., 924 S.W.2d 79 (Tenn. 1996); West Insurance Company v. Montgomery, 861 S.W.2d 23 (Tenn. 1993) and a Workers' Compensation Appeals Panel decision in the case of Moody v. Phelps Security, Inc., No. 2S1-959- CV- 8, filed August 3, 1996 at Jackson, and adopted and affirmed by the Supreme Court. On appeal plaintiff does not address the issue before the court in his brief but merely concedes awarding a monetary judgment for unpaid medical expenses was not proper and the brief alleges that the appeal of the case is frivolous as counsel agreed to modify the judgment conforming it to the relief sought by the appeal and that this occurred several months prior to the filing of the brief. Defendant has made no response to this allegation. 2

Gehl Corporation, v. Ruth E. Johnson, Commissioner of Revenue for the State of Tennessee
01A01-9803-CH-00165
Authoring Judge: Judge William B. Cain
Trial Court Judge: Chancellor Ellen Hobbs Lyle

Gehl Corporation filed suit in the Chancery Court of Davidson County to contest an assessment by the Commissioner of Revenue of the "Amusement Tax" imposed by Tennessee Code Annotated section 67-6-212(a)(2).

Steve Makris v. Bob Kapos
02A01-9712-CH-00318
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor C. Neal Small

Steve Makris appeals the trial court’s denial of his claim for accrued and unpaid salaries in this partnership accounting and dissolution case. For the reasons stated hereafter, we reverse the trial court’s judgment.
 

Stephen P. Kopels v. Katherine Annette Bryant
01A01-9711-CV-00646
Authoring Judge: Senior Judge William H. Inman
Trial Court Judge: Judge Muriel Robinson

This is a domestic relations case. The appellant complains of the award of the residence to the appellee, and the award of the attorney’s fees. Our review of the findings of fact made by the trial Court is de novo upon the record of the trial Court, accompanied by a presumption of the correctness of the finding, unless the preponderance of the evidence is otherwise. TENN. R. APP. P., RULE 13(d); Campbell v. Florida Steel Corp., 919 S.W.2d 26 (Tenn. 1996). Where there is no conflict in the evidence as to any material fact, the question on appeal is one of law, and the scope of review is de novo with no presumption of correctness accompanying a chancellor's conclusions of law. Union Carbide Corp. v. Huddleston, 854 S.W.2d 87 (Tenn. 1993).

IN RE: Estate of Louise C. Davis, Deceased; Sarah Foster Kelley v. Sarah Hill Martin - Concurring
01-A-01-9803-PB-00157
Authoring Judge: Judge William B. Cain
Trial Court Judge: Chancellor Frank G. Clement

This appeal involves the validity of certain transactions entered into by the holder of a power of attorney. The trial court set aside the transactions finding that the attorney in fact had failed to rebut the presumption of undue influence which arose in light of these self-benefitting transactions. We affirm the decision of the trial court.

Patsy Lorean Johnson v. James Larry Johnson
02A01-9703-CH-00069
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Chancellor D. J. Alissandratos

This is a divorce case. In the original divorce, years ago, the wife was awarded shares of stock from the husband’s p ension fund. Subs equently, the pension fund was distributed to the husband, with no monies going to the wife. In this action, the trial court awarded the wife a judgment for the value o f the stock at the time of the trial co urt’s order. The husband appeals. We affirm.

Todd Harmon v. Janet Harmon
02A01-9709-CH-00212
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor John Walton West

Megan Harmon (“Megan” or “Appellant”), minor child born during the marriage of Plaintiff/Appellee, Todd Harmon (“Mr. Harmon” or “Appellee”) and Defendant Janet Harmon (“Mrs. Harmon”), by and through her Guardian Ad Litem (G.A.L.), appeals the decision of the trial court which found that Appellee was not the biological father of Appellant, and incorporated into the decree of divorce the marital dissolution agreement in which the parties agreed Appellee would have no further obligation to the child.

State of Tennessee vs. Troy R. Walls
01C01-9802-CC-00080
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge J. S. Daniel

A Rutherford County grand jury indicted defendant for aggravated rape, two counts of aggravated sexual battery, and rape of a child for incidents involving his young female cousin. A negotiated plea agreement allowed defendant to plead to one count of rape, a Class B felony, and one count of incest, a Class C felony. The agreed upon sentences were eight years for rape and three years for incest to be served consecutively as a Range I, standard offender. The sole issue on appeal is the trial court’s denial of alternative sentencing. However, plain error dictates that the convictions be VACATED and the case REMANDED for further proceedings. The defendant pled guilty to incest which is neither a lesser included nor a lesser grade of child rape; nor do the acts of the defendant constitute the crime of incest.

Ann S. Wing v. James E. Wing - Concurring
01A01-9712-CC-00752
Authoring Judge: Judge William H. Inman
Trial Court Judge: Judge Marietta M. Shipley

This is a domestic relations dispute involving money only. The trial court held that a certificate of deposit and one investment account were the separate property of Husband and declined to award Wife alimony or the total amount of her attorney fees. She appeals and presents these issues for review.

Billy Flowers and Amy Flowers v. Charles R. Horner and Reba M. Horner - Concurring
01A01-9806-CH-00315
Authoring Judge: Judge William H. Inman
Trial Court Judge: Chancellor Donald P. Harris

This controversy may, perhaps, be described as a boundary dispute. The development of Riverview Estates Subdivision began in 1971 with the recordation of a plat which provided for a cul-de-sac fifty feet in width centered on the West boundary of Lot 23.

State of Tennessee , Department of Children's Services, v. Tamra Leeann Viar, and John Fitzgerald Gross, the unknown father of Katelyn Nicole Viar, In the Matter Of: Katelyn Nicole Viarelyn Nicole Viar
01A01-9806-JV-00275
Authoring Judge: Senior Judge William H. Inman
Trial Court Judge: Judge John B. Melton, III

The parental relationship between Tamra Viar and her daughter, Katelyn, was terminated by the Juvenile Court, the propriety of which she presents for review. Our review of the findings of fact made by the trial Court is de novo upon the record of the trial Court, accompanied by a presumption of the correctness of the finding, unless the preponderance of the evidence is otherwise.

Roger P. Hogan, Fred C. Dance, and Music City Dust-Tex Service, Inc., v. Coyne International Enterprises Corp. D/B/A Coyne Textile Services
01A01-9712-CH-00733
Authoring Judge: Presiding Judge Ben H. Cantrell
Trial Court Judge: Chancellor Ellen Hobbs Lyle

This action is based on a series of contracts executed in the sale of an industrial dust control and laundry business. The Chancery Court of Davidson County dismissed the claims of the sellers, held that one of the sellers had breached one of the agreements but that the buyer had failed to prove its damages, and awarded the buyer attorneys’ fees. We reverse the dismissal of the sellers’ action and modify the award of attorneys’ fees.

Mary M. Pawlakos v. Laurie Watson Pawlakos
01A01-9708-CH-00443
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor Allen W. Wallace

Respondent Laurie Watson Pawlakos (the Wife) appeals the trial court’s order requiring her to return certain funds to the estate of her deceased husband, John T. Pawlakos (the Decedent). For the reasons hereinafter stated, we affirm in part and reverse in part the trial court’s judgment.

Allen E. Hasty, Judy Darlene Hasty v. Thomas R. Throneberry, Ind., D/B/A Throneberry Properties and Sharon Clutter
01A01-9709-CV-00531
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge Robert E. Corlew, III

Defendant Thomas R. Throneberry appeals the trial court’s judgment in the amount of $6,000 entered in favor of Plaintiff/Appellee Allen E. Hasty after a jury trial. For the reasons hereinafter stated, we affirm the trial court’s judgment.

State of Tennessee vs. Tony Randall Arnold
02C01-9803-CC-00066
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Juilian P. Guinn

The defendant, Tony Randall Arnold, appeals as of right his conviction by a Benton County jury of simple assault, a Class B misdemeanor. See Tenn. Code Ann. § 39-13-101(a)(3). The trial court sentenced the defendant to six (6) months in jail to be served at 75%. The sole issue for appeal is whether the trial court properly sentenced the defendant.