State of Tennessee vs. Charlene Hardison - Concurring/Dissenting
01C01-9705-CC-00196
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Henry Denmark Bell

I concur with a ll portions of Judge Lafferty’s op inion with the exception of the portion that reduces the period of confinem ent from six (6) months to ninety (90) days. I might agree with that ultimate result after a specific finding of facts by the trial court following the dictates of the Tennessee Criminal Sentencing Reform Act of 1989. However, it is my opinion that the more appropriate disposition of this particular case is to remand it back to the trial court for a new sentencing hearing which follows the specific requirements of the A ct. See State v. Ervin, 939 S.W.2d 581, 584-85 (Tenn. Crim. App. 1996) and cases cited therein.

State of Tennessee vs. Charlene Hardison
01C01-9705-CC-00196
Authoring Judge: Special Judge L. Terry Lafferty
Trial Court Judge: Judge Henry Denmark Bell

The defendant, Charlene Hardison, appeals of right from a ruling of the Williamson County Criminal Court in which the trial court imposed a sentence of six (6) months confinement in the Williamson County Jail for the offense of driving on a revoke d license. Also, the Williamson County Criminal Court consolidated an appeal of the defendant for violation of probation from the Williamson County General Sessions Court. After a sentencing hearing, the trial court upheld the judgment of the General Sessions Court and ordered the defendant to serve six (6) months, less forty-five (45) days credit, as per her plea of guilty, to run concurrently with the sentence for driving on a revoked license. Af ter a review of the entire r ecord, brief s of the parties and applicable law, we affirm the trial court’s judgment as to the revocation of probation, but remand the sentences as modified.

Roger Terry Johnson v. State of Tennessee
01C01-9705-CR-00172
Authoring Judge: Judge William M. Barker
Trial Court Judge: Judge J. Randall Wyatt

The appellant, Roger Terrance Johnson, appeals as of right from the Davidson County Criminal Court’s dismissal of his petition for post conviction relief. We affirm the judgment of the trial court.

Wanda C. Tate, v. Sally Seivers and Carole Mitchell, L'Argent Inc., v., Wanda C. Tate
03A01-9710-CV-00459
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Judge Wheeler A. Rosenbalm

This is an action on a promissory note. In 1993, plaintiff, Wanda Tate, sold her women's clothing store to the defendants, Sally Seivers and Carole Mitchell and their corporatin, L'Argent, Inc. (collectively "buyers"). Several months after the sale, the buyers, dissatisfied with some of the inventory sold to them, tendered less than the full payment amount called for by the promissor note they had signed in partial consideration for the sale. Tate rejected the partial payment and sued for recovery of the full amount due under the terms of the note. The buyers argued tha Tate had made material misrepresentations regarding some of the the inventory, resulting in the value of the inventory they purchased being substantially less than anticipated at the time of the sale.

Anna Lee Crisp, v. Irville C. Boring and wife, Wanda Sue Boring
03A01-9711-CV-00527
Authoring Judge: Senior Judge William H. Inman
Trial Court Judge: Judge W. Dale Young

This is a boundary dispute. The plaintiff alleges that the location of the boundary line between her property and the adjoining land of the defendants is shown by a survey made by Sterling Engineering, Inc.

Phillip W. Twitty and Alice F. Twitty v. Young v. Kenton, Young, and Roy Edward Brown and Volunteer Realty Company of Knoxville, Inc.
03A01-9801-CH-00031
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Chancellor Frederick D. McDonald

On October 26, 1993, plaintiffs purchased an new residence in Oak Ridge from the defendants. Thereafter, the unfinished basement of the residence flooded on several occasions after heavy rainfall.

Tracy Renee Miglin v. Daniel Walter Miglin - Concurring
01-A-01-9707-CH-00362
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Jim T. Hamilton

The husband in this divorce case challenged almost every aspect of the trial court’s orders, including child custody, alimony, the division of marital property and the terms of an injunction imposed to prevent him from interfering with the wife’s authority over the children. We modify the injunction because we believe that its provisions are overbroad. In all other respects, we affirm the trial court.

Yvette Porter Caira v. Ronald Stephen Caira
01A01-9709-CH-00508
Authoring Judge: Judge William B. Cain
Trial Court Judge: Chancellor Carol A. Catalano

This case is before us on appeal from the trial court’s decree of divorce and grant of child custody and support to the Appellee, Ronald Steven Caira. In bringing this appeal, Appellant raises two issues for consideration. 1. Whether the trial court erred in failing to award primary custody of the minor children of this marriage with Defendant/Appellee. 2. Whether the trial court made an equitable property distribution of the debts, assets and retirement proceeds of this marriage.

Marvin E. Alexander, D/B/A Alexander Auctions & Real Estate Sales, v. John Hopkins and Rhonda Hopkins, Individually and D/B/A Richland Creek Sod Farm
01A01-9710-CH-00590
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Jim T. Hamilton

A licensed auctioneer and real estate broker filed suit against the defendant landowners for breach of an auction contract, because the defendants sold their land prior to the scheduled auction without his participation. The trial court held that the auctioneer was entitled to the anticipated commission amount. We affirm the trial court’s holding that the property owners are liable, but we modify the amount of damages.

Michael G. Binkley, et ux., et al. v. Rodney Trevor Medling
01A01-9708-CH-00421
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge Allen W. Wallace

The captioned defendant has appealed from a judgment of the Trial Court which reads in full as follows: This cause came on to be heard on this the 23rd day of July, 1997, before the Honorable Allen W. Wallace, Chancellor, upon stipulation of the parties, certified copies of various documents, statement of counsel, and upon the entire record. From all of which the Court finds that the Defendant improperly opened a cul-de-sac located on Timberland Drive, New Johnsonville, Tennessee, and Lot No. D-6 of the Countrywood Estates Subdivision, Section IV, and further that the Defendant violated the restrictions and protective covenants of Countrywood Estates Subdivision, Section IV, as a street or driveway to unrestricted and non-conforming adjoining property, and particularly the 11.7 acre tract that was purchased by the Defendant.

R.S. Brandt, K.M. Lundin, M.I. Lundin, N.B. Lundin, and A.T. Wiltshire, Jr. v. BIB Enterprises, LTD., A Tennessee Limited Partnership, and Gregory Smith, Individually, and Virginia Abernethy
01A01-9708-CH-00431
Authoring Judge: Judge Herschel Pickens Franks
Trial Court Judge: Chancellor William B. Cain

This cases involves a d ispute over a limited partnership. BIB Enterprises, Ltd. (“BIB”) was formed on December 30, 1982 for the stated purpose of acquiring real estate, equipment and other personal property of a Bonanza Restaurant in Lawrenceburg, Tennessee. Defendant-appellant Greg Smith was named General Partner.

Jon Hoscheit v. Johanna G. Hoscheit
01A01-9709-CH-00493
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Chancellor Tom E. Gray

This action began with a complaint filed by the appellee, Jon Hoscheit, (husband) seeking an absolute divorce from the appellant, Johanna G. Hoscheit (wife). After a bench trial, the court entered a final judgment granting an absolute divorce, custody of the parties' minor child to the father, dividing the marital estate and awarding alimony to the wife. From the judgment of the trial court the wife has appealed. We affirm the judgment of the trial court.

Brookridge Apartments., Ltd. v. Universal Constructors, Inc., et al. - Concurring
01A01-9709-CV-00523
Authoring Judge: Judge Herschel P. Franks
Trial Court Judge: Judge Barbara N. Haynes

Plaintiff appeals to this Court on the refusal by the Trial Judge to grant plaintiff relief pursuant to Tennessee Rules of Procedure, 60.02(1). The underlying action was dismissed on July 23, 1996 by the Trial Judge “for want of prosecution.” On July 18, 1997, plaintiff filed a motion to set aside the judgment pursuant to Rule 60, T.R.C.P. on the ground the judgment was entered because of mistake, inadvertence, and excusable neglect. The motion explained that the plaintiffs “former counsel William J. Hart, did not receive notice from the Court that the case would be dismissed for lack of prosecution pursuant to local Rule 37.02.”

John Anderson Kinard v. Linda Kinard
01A01-9606-CH-00265
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Chancellor Robert E. Corlew, III

This appeal involves a divorce ending a long-term marriage. The husband filed suit to divorce his wife of thirty years in the Chancery Court for Rutherford County, and the wife counterclaimed for a divorce from bed and board. The trial judge, sitting without a jury, declared the parties divorced, divided the marital property, and awarded the wife rehabilitative alimony for three years. The wife takes issue on this appeal with the decision to declare the parties divorced, the division of marital property, and the failure to award her long-term spousal support and attorney’s fees. She also insists that the trial judge should have recused himself because of his prior professional association with the husband’s lawyer. We conclude that the trial judge was not disqualified from hearing this case. While we also find that declaring the parties divorced was proper, we have determined that the division of marital property and the spousal support award should be modified but that the wife should not receive an additional award for her legal expenses.

Daniel Scott Bradley, et ux. LInda Bradley, v. Geneva Lynn McCord McLeod, et vir Rodrick McLeod
01A01-9702-CH-00062
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Cornelia A. Clark

This case involves a dispute between two neighbors in the Fairview community of Williamson County concerning the use of a gravel driveway. Three years after purchasing a tract of land on which portions of the driveway were located, the property owners filed suit in the Chancery Court for Williamson County to quiet title to the portions of the driveway they believed to be on their property. Their neighbors responded that the driveway was their only access to a pubic road and that they had acquired a right to use the driveway by adverse possession. After the trial court granted the plaintiffs’ uncontested motion for summary judgment, the defendants filed a Tenn. R. Civ. P. 59.04 motion asserting that they had an “easement of presumption” to use the driveway. The trial court denied the post-judgment motion on the ground that the new defense had not been timely raised. On this appeal, the losing property owners take issue with the trial court’s decision to grant the summary judgment and to deny their post-judgment motion. We affirm the summary judgment.

Jimmy Key, v. Tennessee Board of Paroles
01A01-9610-CH-00480
Authoring Judge: Judge William C. Koch
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

This appeal involves a dispute between the Board of Paroles and a prisoner convicted of being an habitual criminal over the inmate’s right to custodial parole and the calculation of his sentence credits. The Chancery Court for Davidson County granted the Board’s motion to dismiss, and the prisoner has appealed. We affirm the dismissal of the prisoner’s suit in accordance with Tenn. Ct. App. R. 10(b).

Linda Janiece Wright-Miller v. Harvey Granville Miller - Concurring/Dissenting
02A01-9708-CV-00196
Authoring Judge: Judge Farmer
Trial Court Judge: Chancellor Joe C. Morris

This is a divorce case. The parties, Granville Harvey Miller1 (Husband) and Linda Janiece Wright-Miller (Wife), were married for approximately 5 years before a final decree of divorce was entered in August 1997.2 During the marriage, the parties resided at a home located at 2166 Aztec Drive. On appeal, Husband challenges the correctness of the trial court’s classification of this property as marital as well as its determination that the asset is unencumbered. Husband contends that the true owner of the property is Heartland Investments, Inc. (Heartland), a corporation that he founded prior to the parties’ marriage and of which he is president and sole shareholder or, alternatively, that the parties own the property encumbered by a mortgage executed in favor of the corporation. Wife has also raised an issue with respect to the trial court’s finding that there was no increase in value of Heartland stock during the marriage. After review of the record, we affirm in part and reverse in part. We set forth our reasons below.

Linda Janiece Wright-Miller v. Harvey Granville Miller - Concurring/Dissenting
02A01-9708-CV-00196
Authoring Judge: Presiding Judge W. Frank Crawford

I concur in the majority opinion insofar as it affirms the judgment of the trial court. However, I must respectfully dissent from the majority opinion, which reverses the trial court’s decision concerning the division of the increase in value of the Heartland stock.

State of Tennesse vs. Samuel Lamb, Jr.
01C01-9703-CC-00095
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge W. Charles Lee

The appellant, Samuel L. Lamb, Jr., appeals as of right the sentencing decision of the Marshall County Circuit Court. Pursuant to a plea agreement, the appellant pled guilty to three counts of theft of property and received an effective five year sentence.1 Following a sentencing hearing, the trial court ordered that the appellant serve 270 days of this sentence in the county jail with the balance of the sentence to be served in the community corrections program. In this appeal, the appellant contends that the trial court erred by denying full probation or placement in community corrections. After review, we affirm.

Heather Alicia Roach Thomson v. Patrick James Thomson - Concurring
03A01-9705-CH-00165
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Chancellor Billy Joe White

This is an appeal from a post-divorce proceeding wherein the appellant sought a change in custody of the parties minor child on the grounds that there had been a material change of circumstances justifying such a change. The trial court dismissed the complaint and this appeal resulted. We affirm the judgment of the trial court.

Jason Rains, Crystal L. Carney, and Kathy Carney v. Edwin Scott Sussdorff,III, a/k/a/ Ed Sussdorff, Vicky R. Sussdorff, E. Scott Sussdorff and Allstate Insurance Company - Concurring
03A01-9801-CV-00025
Authoring Judge: Judge William H. Inman
Trial Court Judge: Judge W. Neil Thomas, III

While riding as passengers in an automobile owned by defendant and driven by a close friend of defendant’s son, the intervening plaintiff was seriously injured in a one-car accident when the driver apparently fell asleep at the wheel. The passenger intervened in the driver’s petition and alleged that the vehicle had been driven with the express or implied permission of its owner and sought a declaratory judgment that his insurer was therefore liable for her injuries. The trial court found the driver did not have such permission and dismissed intervenor’s petition, and she appeals.

James G. Cooper v. Asarco, Inc.
03S01-9709-CV-00114
Authoring Judge: Joe C. Loser, Jr., Special Judge
Trial Court Judge: Hon. Rex Henry Ogle,
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. section 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The employer contends the award of permanent partial disability benefits based on seventy-five percent to the leg is excessive. As discussed below, the panel has concluded the award should be affirmed. The employee or claimant, Cooper, is sixty-one years old and has a fourth grade education, but cannot read. He has worked as garbage collector, laborer and welder. He suffered a compensable knee injury on January 19, 1995, but continued to work with pain and swelling until April of the same year when he consulted an orthopedic surgeon. When the pain and swelling persisted, the surgeon performed arthroscopic surgery and diagnosed mild spurring and joint effusion superimposed on degenerative arthritis. The claimant was returned to work with permanent restrictions. The employer has made accommodations and the claimant has returned to work with restrictions and limitations. The trial judge found the claimant entitled to permanent partial disability benefits based on seventy-five percent to the injured leg. Appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. section 5-6-225(e)(2). Conclusions of law are subject to de novo review on appeal without any presumption of correctness. Presley v. Bennett, 86 S.W.2d 857 (Tenn. 1993). Where the trial judge has seen and heard the witnesses, especially if issues of credibility and weight to be given oral testimony are involved, considerable deference must be accorded those circumstances on review. Kellerman v. Food Lion, Inc., 929 S.W.2d 333 (Tenn. 1996). The appellate tribunal, however, is as well situated to gauge the weight, worth and significance of deposition testimony as the trial judge. Orman v. Williams Sonoma, Inc., 83 S.W.2d 672 (Tenn. 1991). Once the causation and permanency of an injury have been established by expert testimony, the trial judge may consider many pertinent factors, including age, job skills, education, training, duration of disability, and

Ashe vs. Radiation Oncology Associates
01A01-9710-CV-00563
Trial Court Judge: Hamilton V. Gayden, Jr.

Ashe vs. Radiation Oncology Associates
01A01-9710-CV-00563
Trial Court Judge: Henry F. Todd

Donald Zseltvay vs. Metropolitan Government
01A01-9710-CV-00587
Trial Court Judge: Hamilton V. Gayden, Jr.