Rickye D. Anderson v. Lois L. Anderson
01A01-9704-CH-00186
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor Robert E. Corlew, III

Rickye D. Anderson (the Father) appeals the trial court’s order denying his petition to reduce his child support payments to his ex-wife, L. Lois Anderson (the Mother), and ordering him to pay a portion of the Mother’s attorney’s fees. We affirm.

Charles O'Guinn v. State of Tennessee
03C01-9703-CR-00084
Authoring Judge: Judge Lynn Brown
Trial Court Judge: Judge J. Curwood Witt

Charles Ray O’Quinn, the petitioner, appeals pursuant to Rule 3, Tennessee Rules of Appellate Procedure, from the trial court’s dismissal of his petition for writ of habeas corpus. On July 27, 1989, the petitioner pleaded guilty to two counts of aggravated rape. The offenses occurred in April or May, and in June, 1988. He received Range II sentences of 35 years in the aggregate. The petitioner contends that his convictions for aggravated rape are void because the indictment failed to allege the mens rea for that offense. See State v. Roger Dale Hill, No. 01C01-9508-CC-00267 (Tenn. Crim. App., Nashville, June 20, 1996), rev'd, 954 S.W.2d 725 (Tenn. 1997).

Citizens For Collierville, Inc., A Tennessee Corporation, v. Town of Collierville, et al.
02A01-9707-CH-00142
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor Neal Small

Plaintiff/Appellant, Citizens for Collierville (“CFC”) appeals from the order of the 2 Chancery Court of Shelby County, Tennessee, which declared valid the decision of the Board of Mayor and Aldermen of the Town of Collierville approving of Resolution 96-35 with respect to the application of Baptist Memorial Hospital (“BMH”) for a planned development pursuant to the Town of Collierville’s zoning ordinance. For reasons stated hereinafter, we affirm the judgment of the trial court.

Homebound Medical Care of Southeast Tennessee, Inc., v. Hospital Staffing Services of Tennessee, Inc. Jeanine Warren, Nancy Hyde, AllCare Professional Svcs., and Stella Messer
03A01-9707-CH-00303
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Chancellor Howard N. Peoples

This is an action whereby the plaintiff seeks to enforce a convenant not to compete in an employment agreement between the defendant, Warren, and the plaintiff. The defendants moved for summary judgment. The motion did not set out any grounds for relief but simply stated that defendants "file this motion for Summary Judgment, pursuant to Rule 56 of the Tennesse Rules of Civil Procedure" and referred the court to grounds stated in their briefs in support of themotion. The brief is not included in the record. Apparently, the parties did not make a designation of record and the Clerk of the court correctly omitted the brief pursuant to Rule 24, Tennessee rulesof Appellate Procedure.

Gina Franklin et al., v. Allied Signal, Inc.
02A01-9704-CV-00088
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Judge Whit A. Lafon

This appeal involves a suit filed by plaintiffs, Gina (“Mrs. Franklin”) and Barnee Franklin (“the Franklins”), against defendant, Allied Signal, Inc. (“Allied”), for personal injuries sustained when Mrs. Franklin tripped and fell on Allied’s premises on a metal loading ramp which protruded above the dock floor by one to two inches. The trial court granted Allied’s motion for summary judgment. The Franklins appeal and pose the following issues for our consideration: (1) whether the trial court committed error in granting the defendant’s motion for summary judgment; and (2) whether the “open and obvious rule” bars plaintiff’s recovery or is only a factor to be considered in assessing comparative negligence. For reasons stated hereafter, we reverse the judgment of the trial court and remand.

State of Tennessee Department of Children's Services v. Anna Patricia Malone -Concurring
03A01-9706-JV-00224
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Judge Suzanne Bailey

The trial court’s judgment terminated the parental rights of Anna Patricia Malone (“Mother”) in and to her children, Willard Fillmore Rednower (DOB: October 1, 1983) and Jessie Mae Rednower (DOB: September 15, 1985).¹ She appealed, arguing, in her words, that the Department of Children’s Services (“DCS”) “failed to make reasonable efforts to reunite the family as required by T.C.A. [§] 37-1-166"; that the court erred in finding clear and convincing evidence of Mother’s “substantial noncompliance” with a plan of
care formulated by DCS pursuant to T.C.A. § 37-2-403; and that the court  erred in finding clear and convincing evidence of a basis for terminating Mother’s parental rights under T.C.A. § 37-1-147.²

John L. Miller v. Scott D. Williams
03A01-9707-CV-00270
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Chancellor William E. Lantrip

This appeal questions the adequacy of a jury’s verdict. The plaintiff, John L. Miller (“Miller”)1, alleged in his complaint that he sustained physical and emotional injuries and medical expenses when his automobile was struck from behind by a vehicle driven by the defendant, Scott D. Williams (“Williams”).2 After Williams admitted liability at trial, the jury awarded Miller damages of $45,000. Miller then filed a motion for an additur or a new trial. The trial court denied his motion, and this appeal followed. The sole issue3 on this appeal is whether the trial court erred in failing to suggest an additur or grant a new trial due to the alleged inadequacy of the jury’s award.

John Edmund Streun vs. Delores Jean Streun - Concurring
03A01-9707-CV-00299
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Judge Robert M. Summitt

This is a divorce case. Following a bench trial, the court awarded Delores Jean Streun (“Wife”) an absolute divorce on the ground of inappropriate marital conduct, divided the parties’ property, and ordered John Edmund Streun (“Husband”) to pay periodic alimony in futuro of $350 per month.  Husband appealed, arguing, in effect, that the evidence preponderates against the trial court’s determination that Wife was entitled to periodic alimony in futuro. Wife contends that the alimony award is appropriate. She submits an additional issue -- that, in her words, “the trial court erred in not enforcing the parties’ settlement agreement of November 7, 1995.”

Steve Payne v. Jan Savell, C.S.J. Travel, Inc., and Carleen Stephens
03A01-9708-CV-00352
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Judge W. Dale Young

Steve Payne (“Payne”), a stockholder and former employee of CSJ Travel, Inc. (“CSJ”), sued CSJ and the corporation’s other stockholders, Jan Savell (“Savell”) and Carleen Stephens (“Stephens”)1, seeking damages for the defendants’ alleged breach of a contract to repurchase Payne’s CSJ stock. Payne’s action was filed in the Blount County General Sessions Court at a time when earlier litigation between Payne and CSJ in the Blount County Chancery Court was pending on appeal to this court. In the instant action, the defendants allowed a default judgment to be taken against them and thereafter appealed to the Blount County Circuit Court for a de novo trial. The Circuit Court denied the defendants’ joint motion for summary judgment, and instead granted summary judgment in favor of Payne and against CSJ for $6,666.64. Payne then filed a notice of voluntary dismissal of his suit against Savell and Stephens. The defendants appealed, arguing, among other things, that the Circuit Court erred in failing to grant them summary judgment, and erred in granting Payne a money judgment against CSJ.

Manuel Branch, Jr., v. Rodney McCroskey and Governor John Sevier Memorial Association
03A01-9709-CV-00385
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Judge Dale Workman

In this action, the appellant (plaintiff) sought a recovery for damages sustained to his pickup truck, lost earnings and related expenses caused by a collision between his vehicle and a horse belonging to the defendant, Rodney McCroskey. The accident occurred in the plaintiff's lane of travel on a public road, generally referred to as the Governor John Sevier HIghway. The defendant, Rodney McCroskey, filed a cross-claim against the defendant, Governor John Sevier Memorial Association. He, owever, was permitted to take a voluntary non-suit. The case was tried before a jury and resulted in a verdict for the appelles (defendants) in the original action. Judgment for the defendants was duly entered on the verdict. The plaintiff filed a motion for a judgment notwithstanding the verdict (JNOV) or in the alternative for a new trial. The motion was overruled and this appeal resulted. We affimr the judgment of the trial court.

State of Tennessee vs. Stephen Udzinski and Donna Stokes a/k/a Donna Story
01C01-9610-CC-00431
Authoring Judge: Judge Curwood Witt
Trial Court Judge: Judge Robert E. Burch

The defendants, Stephen J. Udzinski and Donna Stokes a/k/a Donna Story, present a certified question of law following Udzinski’s conditional guilty plea to a Class E felony of possession of marijuana for resale and Stokes’s guilty plea to a Class A misdemeanor for possession of marijuana. Udzinski entered judicial diversion, and Stokes received a conviction and a suspended sentence of eleven months and twenty-nine days. Both defendants attempted to reserve the right to pursue a certified question of law of whether the search warrant under which Udzinski's house was searched was supported by probable cause. In this appeal, the defendants present that question, and the state raises the issue of whether the defendants have properly preserved the question for our review. For the reasons explained below, we affirm the judgment of the trial court on the suppression issue raised by the defendants’ certified question.

State of Tennessee vs. Michael G. Rose
01C01-9611-CC-00478
Authoring Judge: Judge Joe B. Jones
Trial Court Judge: Judge Cornelia A. Clark

The appellant, Michael G. Rose (defendant), was convicted of driving while under the influence, second offense, a Class A misdemeanor, by a jury of his peers. The trial court sentenced the defendant to pay a $1,500 fine and serve eleven months and twenty-nine days in the Williamson County Jail. The trial court suspended all but 180 days of the sentence, and required the defendant to serve the balance of his sentence on probation. The court also revoked the defendant’s license for two years. In this court, two issues are presented for review. The defendant contends (a) the evidence contained in the record will not support a finding by a rational trier of fact that he is guilty of driving while under the influence, and (b) the trial court committed error of prejudicial dimensions by denying his motion to suppress certain statements he made to a law enforcement officer. After a thorough review of the record, the briefs submitted by the parties, and the law governing the issues presented for review, it is the opinion of this court that the judgment of the trial court should be affirmed.

McCallie Chiropractic Clinic, Inc. D/B/A McCallie Health Center v. Erwin Dinsmore, Police Commissioner and the City of Chattanooga
03A01-9708-CH-00318
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Judge Howell N. Peoples

The appellant (plaintiff) instituted this action against the appelles (defendants) in an attempt to gain access to copies of police reports of automobile accidens investigated by the Chattanooga Police Department. The plaintiff had requested by letter to inspect "[a]ll traffic accident reports maintained by your department which relate to any accident occuring with in seven days preceding the date of this letter. "The defendants had refused access to the plaintiff on the theory that such accident reports are made confidential under the provisions of T.C.A. § § 5 5 -10 - 108 , ets eq . The action was brought pursuant to the provisions of the Tennessee Public Records Act codified in  T.C. A . § § 10 -7-503 , et seq.  The trial court denied relief and this appeal resulted. We affirm the judgment of the trial court.

John D. Lockridge v. Mary Janet Wise Lockridge - Concurring
03A01-9709-CH-00392
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Chancellor John A. Turnbull

In this post-divorce case, John D. Lockridge (husband) appeals the trial court's judgment ordering him to pay $16, 021.70 in educational expenses incurred by his former wife, Janet Wise Lockridge (wife), pursuant to a contractual agreement between them made shortly before the divorce. The husband also appeals the trial court's award of attorney's fees to the wife in the amount of $20, 552.57. We affirm the trial court's judgment in part and reverse in part.

Underground II, Inc., D/B/A The Boiler Room, v. The City of Knoxville, et al.
03A01-9709-CH-00425
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Chancellor Sharon Bell

In this action the plaintiff-appellant (plaintiff) challenges the validity of an ordinance of the City of Knoxville which prohibits the practice of "brown bagging" (bringing your own alcoholic beverage) into restaurants, clubs, and businesses between the hours of 1:00 a.m. and 6:00 a.m., Monday through Saturday and 1:00 a.m. to 12:00 p.m. on Sundays. It further makes it unlawful for businesses of any kind to permit or allow any customer to "bring in, carry, or possess, or consume beer or alcoholic beverages" during specified times as set out above. The proprietors of the designated places are also prohibited from selling any non-intoxicating beverabe to be mixed with and/or consumed with alcoholic beverages between the designated times. The trial court upheld the validity of the ordinance. We reverse the trial court.

State of Tennessee vs. Joseph Pendergrass
03C01-9706-CC-00210
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Ben W. Hooper, II

This appeal attempts to present certified questions of law pursuant to Rule 3(b) of the Tennessee Rules of Appellate Procedure and Rule 37(b)(2) of the Tennessee Rules of Criminal Procedure. The certified questions primarily involve the legality of a stop of a motor vehicle and a subsequent search and seizure resulting therefrom. Because we conclude that this matter is not properly before us, we dismiss this appeal.

Tommy Freeman v. Madison County Sheriff's Department
02S01-9704-CH-00034
Authoring Judge: Hewitt P. Tomlin, Jr., Senior Judge
Trial Court Judge: Hon. Joe C. Morris,
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 of findings of fact and conclusions of law. The issues presented by this appeal are whether the trial court erred in finding that the statutory presumption created by Tenn. Code Ann. _ 7-51-21 applied to plaintiff and whether or not the defendant's medical proof overcame the presumption. The panel concludes that the judgment of the trial court awarding benefits should be reversed and the case dismissed for the reasons stated herein. Thomas Freeman ("plaintiff") was employed by the Madison County Sheriff's Department in 1971. He served as a deputy for a year and then was promoted to the rank of Captain. He stayed in the rank of Captain until 1991, when he was appointed Assistant Chief Deputy. He had been appointed to the position of Chief Deputy at the time of trial. In the early days following his promotion to Captain, plaintiff assumed supervisory duties along with his regular duties. However, as the department grew he began to delegate more of the regular duties and moved into a more supervisory role. With the promotion to Assistant Chief Deputy, he assumed even more of a supervisory and administrative position. Since 1991, his job duties have been primarily that of supervisor and he was not required to go out on patrol or do things such as working on accidents as part of his regular job duties. In November, 1994 plaintiff begin to experience symptoms of a heart attack while sitting at his desk at work. Nothing out of the ordinary occurred on the job either on that day or in the time period before that. He was subsequently treated for a heart attack at a local hospital and was diagnosed with coronary artery disease. He underwent quintuple bypass surgery thereafter. He returned to work on a gradual basis and is now working full time in his former position as Chief Deputy. Plaintiff was fifty-one years old at the time of his heart attack. The medical proof consisted of the testimony of several physicians by deposition, which testimony is summarized as follows: Dr. James Crenshaw, a cardiologist, testified that he was called to the emergency room to examine plaintiff, after plaintiff was admitted complaining of chest pains and suffering from an acute myocardial infarction. Following Dr. Crenshaw's examination, 2

Gordon McGee v. Carl Pippin, Helen Pippin, et al. - Concurring
01-A-01-9706-CH-00289
Authoring Judge: Henry F. Todd
Trial Court Judge: Chancellor Robert E. Corlew, III

This is a suit by a stockholder of an insolvent corporation, against another stockholder, his wife and an employee, seeking judgment against them for  dissipation of assets of the corporation, recovery of money due from  debtors of the corporation and liquidation of the corporation for the benefit  of creditors. Although not designated such in the complaint, the suit appears to be a suit for a receivership. Matter of Liquidation of United American Bank in Knoxville. Tenn. 1987, 743 S.W.2d 911.

Oolie vs. Qureshi
01A01-9706-CV-00240
Trial Court Judge: Walter C. Kurtz

Dillard vs. The Vanderbilt University
01A01-9706-CV-00265
Trial Court Judge: Thomas W. Brothers

Tuttle vs. Tuttle
01A01-9512-CV-00546

Horton vs. Hughes
01A01-9601-CV-00045
Trial Court Judge: Hamilton V. Gayden, Jr.

01A01-9605-CH-00229
01A01-9605-CH-00229
Trial Court Judge: Jim T. Hamilton

State vs. Clarence Washington
02C01-9703-CC-00097

State vs. Clarence Washington
02C01-9703-CC-00097