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Paula Van Slyke (Fleming) v. Philp Edward Fleming - Concurring 01-A-01-9504-CV-00178 Authoring Judge: Judge Ben H. Cantrell Trial Court Judge: Judge Muriel Robinson This case involves the question of whether a custodial parent may claim the benefit of changes in the child support guidelines promulgated after trial on her Petition for Increased Child Support, but before the trial court filed its Final Order. Because those changes were not raised in the proceedings below, we decline to act on them here. Instead, we remand the cause to the trial court for further proceedings.	Davidson	Court of Appeals	10/15/95
Laura Patricia Cutsinger v. Charles Edward Cutsinger - Concurring 01A01-9504-CV-00148 Authoring Judge: Judge David R.Farmer Trial Court Judge: Judge Robert W. Wedemeyer In this divorce case, Charles Edward Cutsinger (Husband) has appealed the trial court's judgment which awarded Laura Patricia Cutsinger (Wife) a thirty percent (30%) interest as a seller in the contract of sale of Husband's chiropractic practice. Husband also has appealed the trial court's ruling which ordered Husband to indemnify Wife for any judgment that might arise as a result of an indebtedness for a pleasure boat purchased during the marriage.	Robertson	Court of Appeals	10/14/95
03C01-9306-CR-00188 03C01-9306-CR-00188	Anderson	Court of Criminal Appeals	10/13/95
03C01-9409-CR-00315 03C01-9409-CR-00315 Trial Court Judge: James E. Beckner	Hamblen	Court of Criminal Appeals	10/13/95
03C01-9412-CR-00448 03C01-9412-CR-00448 Trial Court Judge: Richard R. Baumgartner	Knox	Court of Criminal Appeals	10/13/95
03C01-9408-CR-00294 03C01-9408-CR-00294 Trial Court Judge: D. Kelly Thomas, Jr.	Blount	Court of Criminal Appeals	10/12/95
03C01-9501-CR-00020 03C01-9501-CR-00020 Trial Court Judge: William R. Holt	Sevier	Court of Criminal Appeals	10/12/95
01C01-9406-CC-00234 01C01-9406-CC-00234 Trial Court Judge: W. Charles Lee	Lincoln	Court of Criminal Appeals	10/12/95
01C01-9409-CR-00315 01C01-9409-CR-00315	Davidson	Court of Criminal Appeals	10/12/95
Cyril v. Fraser 01C01-9502-CR-00031 Trial Court Judge: J. Randall Wyatt, Jr.	Davidson	Court of Criminal Appeals	10/12/95
03C01-9411-CR-00401 03C01-9411-CR-00401 Trial Court Judge: Stephen Morris Bevil	Hamilton	Court of Criminal Appeals	10/11/95
X2010-0000-XX-X00-XX X2010-0000-XX-X00-XX Trial Court Judge: Edgar P. Calhoun	Sullivan	Court of Criminal Appeals	10/11/95
02C01-9412-CR-00286 02C01-9412-CR-00286 Trial Court Judge: L. Terry Lafferty	Shelby	Court of Criminal Appeals	10/11/95
03C01-9311-CR-00365 03C01-9311-CR-00365 Trial Court Judge: Cornelia A. Clark	Greene	Court of Criminal Appeals	10/10/95
03C01-9409-CR-00316 03C01-9409-CR-00316 Trial Court Judge: Cornelia A. Clark	Hamblen	Court of Criminal Appeals	10/10/95
03C0l-9307-CR-0022l 03C0l-9307-CR-0022l	Hamilton	Court of Criminal Appeals	10/10/95
02A01-9409-CV-00174 02A01-9409-CV-00174 Trial Court Judge: James E. Swearengen	Shelby	Court of Appeals	10/10/95
02A01-9409-CV-00201 02A01-9409-CV-00201 Trial Court Judge: Wyeth Chandler	Shelby	Court of Appeals	10/10/95
02A01-9411-CV-00260 02A01-9411-CV-00260 Trial Court Judge: Janice M. Holder	Shelby	Court of Appeals	10/10/95
State of Tennessee v. David Edward Howington 01S01-9407-CC-00073 Authoring Judge: Justice Adolpho A. Birch, Jr. Trial Court Judge: Judge John A. Gasaway The district attorney general refused to honor an informal immunity agreement1 made with David Edward Howington, the defendant. The reason stated for this refusal was the prosecutor's perception that Howington had not fulfilled his part of the bargain; that is, he had not testified truthfully at his preliminary hearing. He was subsequently tried and convicted of first-degree (felony) murder; he received a life sentence.	Montgomery	Supreme Court	10/09/95
James R. Fruge and Jane Fruge v. John Doe and Jane Doe 02A01-9408-CV-00198 Authoring Judge: Judge W. Frank Crawford Trial Court Judge: Judge George H. Brown Defendants-Appellees.This appeal involves a suit seeking recovery under the uninsured motorist provision of a liability insurance policy. Plaintiffs, James R. Fruge and Jane Fruge, appeal from the order of the trial court granting summary judgment to the unnamed defendant-appellee, State Farm Insurance Company.	Shelby	Court of Appeals	10/05/95
Jerry Don Lumpkins, v. Belinda Baines Lumpkins 01A01-9401-CH-00034 Authoring Judge: Judge William C.Koch, Jr. Trial Court Judge: Special Judge Jane W. Wheatcraft This appeal involves a dispute over child support for two pre-teen boys. Two years after their divorce in the Chancery Court for Sumner County, the parents returned to court seeking resolution of their disputes concerning the custody and visitation arrangements and the amount of child support. A special judge awarded the mother sole custody of the children, modified the father’s visitation schedule, and directed the father to pay child support in accordance with the child support guidelines. The father takes issue on this appeal with the amount of his child support. We have determined that the amount of the father’s child support should be modified to take all his income into consideration.	Sumner	Court of Appeals	10/04/95
The Metropolitan Government of Nashville and Davidson County, v. Nashville Park Hospitality, Inc. 01A01-9504-CH-00142 Authoring Judge: Judge David R. Farmer Trial Court Judge: Chancellor Robert S. Brandt Appellant, Nashville Park Hospitality, Inc. ("Nashville Park"), is the owner of the Budget Lodge, a motel in Nashville consisting of three separate buildings identified as the 100, 200 and 300 Buildings. Ninety-six suites compose the 100 and 300 Buildings, with 92 available to the public and rented on a weekly basis. The 200 Building consists of standard motel rooms which are rented nightly. Appellee, the Metropolitan Government of Nashville and Davidson County ("Metropolitan Government"), filed suit seeking to enjoin Nashville Park from operating the Budget Lodge in violation of the Hotel, Food, Service Establishment and Public Swimming Pool Inspection Act of 1985, T.C.A. § 68-14-301 et. seq. ("Act").1 After a hearing, the trial court granted Metropolitan Government's application for a permanent injunction, enjoining Nashville Park from operating Budget Lodge in violation of the Act. The court, however, refused to entertain the issue of whether the Act applied to the suites rented weekly,2 citing Nashville Park's failure to first exhaust its administrative remedies. Nashville Park has appealed, challenging that determination by the chancellor. For reasons to be discussed, we reverse that portion of the judgment holding the trial court without jurisdiction to decide the issue prior to an exhaustion of the administrative process.	Davidson	Court of Appeals	10/04/95
Tennessee Department of Human Services, v. Tennessed Civil Service Commission and Frank Mahon 01A01-9504-CH-00143 Authoring Judge: Judge David R. Farmer Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr. This appeal arises from the chancery court's reversal of a final order of the Tennessee Civil Service Commission (the Commission). The Commission's final order reinstated Appellant, Frank Mahon, an employee who had been dismissed by the Cocke County Department of Human Services (Cocke County DHS). The chancery court reversed the Commission's final order, finding that the final order was unsupported by substantial and material evidence in the record before the Commission.	Davidson	Court of Appeals	10/04/95
Terry J. Kyte and Terry J. King, v. Tennessee Department of Safety 01A01-9504-CH-00150 Authoring Judge: Judge David R. Farmer Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr. Appellants, Terry J. Kyte and Terry F. King, appeal from the judgment entered by the chancery court, affirming the decision of the commissioner of the Tennessee Department of Safety (Department) to grant the Department's motion for default in a contested case proceeding concerning the seizure of Appellants' property.	Davidson	Court of Appeals	10/04/95