Tamco Supply, et al vs. Tom Pollard, et al
W1999-01725-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Lee Moore

Kline vs. Kline
03A01-9706-CV-00240

02A01-9411-CV-00265
02A01-9411-CV-00265
Trial Court Judge: Wyeth Chandler

Diana Morris v. State
M1999-02714-COA-RM-CV
Authoring Judge: Judge William C. Koch, Jr.
This appeal involves a dispute between the State of Tennessee and a former employee of the Department of Correction arising out of a work-related injury. After the Department discharged her for failing to return to work, the employee filed a retaliatory discharge claim with the Tennessee Claims Commission asserting that she had actually been fired because she had filed a workers' compensation claim. The Tennessee Court of Appeals determined that the Commission lacked subject matter jurisdiction over retaliatory discharge claims and vacated the Commission's $300,000 award to the employee. While the employee's appeal was pending before the Tennessee Supreme Court, the Tennessee General Assembly retroactively broadened the Commission's jurisdiction to include retaliatory discharge claims. The Tennessee Supreme Court reversed this court's decision and remanded the case to this court for further consideration. We have determined that the Tennessee General Assembly may enact retroactive laws waiving the State's sovereign immunity with regard to past events, and we accede to the Tennessee Supreme Court's decision in this case that the General Assembly validated the results of this proceeding. We also have concluded that the Commission had authority to award front pay damages. Accordingly, we affirm the Commission's award.

Cecil Ayers vs. Minda Ayers
W1999-01261-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby

Tony Blan D v. State of Tennessee
W2002-01784-CCA-R3-PC
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Carolyn Wade Blackett

Tony Bland v. State of Tennessee
W2002-01784-CCA-R3-PC
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Carolyn Wade Blackett

Lorri Bailey (Capps) vs. David Capps
M1999-02300-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Clara W. Byrd
This child custody case has already been the subject of one appeal before this Court. The father was awarded sole custody of the parties' only child, with the mother receiving liberal visitation rights. The mother petitioned for a change of custody. The trial court found that there was no material change in circumstances sufficient to warrant an award of sole custody to the mother. However, the original custody order was modified to provide that the parties had joint custody, with the father being the "primary residential custodian." The trial court also ordered that the mother was no longer required to pay child support and that the mother owed no arrearage in child support. The father appeals. We affirm in part and reverse in part, affirming the order of joint custody and the order that the mother is not required to pay child support, but we reverse on the issue of the mother's child support arrearage.

Arthur Ray Lepley
01C01-9903-CR-00084

Joe Utley vs. State of Tennessee
01C01-9709-CR-00428
Authoring Judge: Senior Judge L. T. Lafferty
Trial Court Judge: Judge Seth W. Norman

The appellant, Joe L. Utley, appeals as of right from a judgment of the Davidson County Criminal Court denying his petition for post-conviction relief. The petitioner alleges that trial and appellate counsel rendered ineffective assistance in several areas. After a through review of the record, we REMAND to the trial court with instructions to enter a findings of fact and conclusions of law.

In Re: Estate of Warren Glenn Brown, Candice Mathis, v. Joe Brown
01A01-9809-PB-00471
Authoring Judge: Judge Patricia J. Cottrell
Trial Court Judge: Judge Andrew Jackson

In this case, the decedent’s grand niece, Candice Mathis, the petitioner, appeals the trial court’s finding that she failed to establish, by clear and convincing evidence the lost or destroyed will of her grand uncle, Warren Brown. The trial court ordered that the administration of the estate proceed as an intestate estate. For the following reasons, we reverse.

WELFT, LLC v. Larry Elrod Et Al.
M2024-00489-COA-R3-CV
Authoring Judge: Per Curiam
Trial Court Judge: Chancellor J. B. Cox

This appeal arises out of a dispute over commercial real property. The appellees have moved to dismiss the appeal as untimely. Because the appellants did not file their notice of appeal within the time permitted by Tennessee Rule of Appellate Procedure 4, we dismiss the appeal.

01C01-9508-CC-00257
01C01-9508-CC-00257
Trial Court Judge: J. S. Daniel

Steven Totty v. The Tennessee Department of Correction and the State of Tennessee
01A01-9504-CV-00139
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Walter C. Kurtz

This appeal involves a state prisoner’s efforts to enforce a plea bargain agreement. The prisoner filed a petition for a common-law writ of certiorari in theCircuit Court for Davidson County after the Department of Correction refused to release him in accordance with his understanding of the agreement. The trial court granted the department’s motion to dismiss for lack of subject matter jurisdiction, and the prisoner has appealed. We affirm the dismissal of the petition because it fails to state a claim upon which relief pursuant to a common-law writ of certiorari can be granted.1

David John Erdly v. Janene Marie Erdly - Concurring
01A01-9706-CH-00269
Trial Court Judge: H. Denmark Bell

The plaintiff, David John Erdly, has appealed from the judgment of the Trial Court dismissing his suit for divorce, dividing the marital estate, awarding plaintiff child custody and support and awarding the defendant, Janene Marie Erdly, alimony for the remainder of her life.

Lesa Johnson v. South Central Human Resource Agency, Roy Tipps, Executive Director, and John Ed Underwood, Jr., Deputy Director
01A01-9503-CH-00104
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Chancellor Tyrus H. Cobb

This is an action pursued by the appellant, Lesa Johnson (Johnson), for the alleged wrongful termination of her employment with South Central Human Resource Agency (SCHRA). The Chancery Court for Bedford County dismissed the complaint upon motion of the appellees, SCHRA, and its executive and deputy directors, Roy Tipps and John Ed Underwood, Jr., respectively.

Knight vs. Knight
01A01-9710-CV-00609

Daniel B. Taylor v. Donal Campbell, et al.
M1998-00913-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Irvin H. Kilcrease, Jr.

This appeal involves a dispute between a prisoner and the Department of Correction regarding the prisoner's request for access to the Department's rules governing prisoner sentence credits. The Department responded by informing the prisoner that its policies governing prisoner sentence reduction credits could be found in the prison law library. Thereafter, the prisoner filed suit in the Chancery Court for Davidson County complaining that he had been wrongfully denied access to public records. The Commissioner of Correction moved to dismiss the complaint. Alternatively, the Commissioner sought a summary judgment and supported his motion with affidavits asserting that the prisoner had already received all the information he sought. Based on these affidavits, the trial court granted the Commissioner's summary judgment motion and dismissed the prisoner's complaint. We have determined that the Commissioner has not demonstrated that he is entitled to a judgment as a matter of law and, therefore, reverse the summary dismissal of the prisoner's complaint.

Mina Woods and Robert Woods v. World Truck Transfer, Inc. and Edward J. Seigham
M1997-00068-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Barbara N. Haynes

This appeal involves a personal injury action that was dismissed because the Clerk of the Circuit Court for Davidson County refused to accept and file a summons that had not been prepared on an original form provided by the clerk. By the time the plaintiff provided another summons acceptable to the clerk, the time for filing the complaint and the summons had elapsed. Accordingly, on motion of one of the defendants, the Circuit Court for Davidson County dismissed the personal injury claim because it was time-barred. We have determined that the clerk’s office exceeded its authority when it declined to accept and file the summons and, therefore, that the trial court erred by dismissing the complaint. Accordingly, we vacate the order dismissing the personal injury claims and remand the case for further proceedings.

State of Tennessee v. John R. Farner, Jr.
E1999-00491-SC-R11-CD
Authoring Judge: Per Curiam
Trial Court Judge: Judge R. Jerry Beck

The State of Tennessee has filed a petition to rehear asking this Court to reconsider certain
portions of the opinion. Contrary to the assertions of the petition the opinion does not require the giving of a special “proximate cause” instruction in every homicide case. The opinion requires the giving of a general causation instruction whenever the homicide offense does not itself explicitly or implicitly include a causation instruction. As the State recognizes, some of the homicide offenses include elements that implicitly instruct the jury that a causation finding is necessary. Also without merit is the State’s assertion that the suggested pattern jury instruction set out in footnote 16 conflicts with existing law and relieves the State of its burden of proof. The State’s petition confuses criminal negligence and causation. Both elements must be proven beyond a reasonable doubt to establish criminally negligent homicide. Moreover, we emphasize that the language in footnote 16 is merely a suggestion which may be accepted, revised, or rejected by the Pattern Jury Instruction Committee. Accordingly, the State’s petition to rehear is DENIED. Costs of this petition are taxed to the State of Tennessee, for which execution may issue if necessary.
 

April Wallace, Vickie Guinn, et al., v. National Bank of Commerce, et al.
02S01-9509-CV-00074
Authoring Judge: Justice Lyle Reid
Trial Court Judge: Judge James M. Tharpe

This case presents for review the decision of the Court of Appeals affirming the trial court's award of summary judgment for the defendants. The trial court found that the
record shows, as a matter of law, that the defendant banks did not breach the duty of good faith in imposing fees for returned checks drawn on accounts with insufficient funds.
This Court concurs in the decision made by the trial court and the Court of Appeals.

State of Tennessee v. Gussie Willis Vann - Dissenting
03S01-9706-CR-00068
Authoring Judge: Justice Adolpho A. Birch, Jr.
Trial Court Judge: Judge R. Steven Bebb

I agree with the majority’s resolution of every issue in this case but one: the effect of the trial court’s failure to instruct the jury on second-degree murder. The majority concludes that the trial court’s failure to instruct the jury on the offense of second-degree murder is not error because the evidence in the record does not support that offense. Because I find the evidence can indeed support a conviction of seconddegree murder, I respectfully dissent.

Deborah Lorraine Brooks v. Rickey Lamar Brooks - Dissenting
03S01-9804-CV-00034
Authoring Judge: Justice Adolpho A. Birch, Jr.
Trial Court Judge: Judge Earle G. Murphy

It is apparent that this Court has based its finding that Mr. Brooks is willfully and voluntarily underemployed simply on the fact that he, at one time, was more lucratively employed. Simply because a parent is not as lucratively employed as during the marriage, or for a time thereafter, no automatic inference that he or she is willfully and voluntarily underemployed should be drawn. We must remain cognizant of a parent’s right as a citizen to the pursuit of happiness and to the freedom to make reasonable employment decisions, while at the same time heeding the duty to support.

In Re: Cidney L.

In Re: Cidney L.