| Dairy Gold vs. Michael Thomas
E2001-02463-COA-R3-CV
In this dispute over a commercial lease, the Chancellor entered Judgment for lessor for limited rents, taxes and attorney's fees. On appeal, we affirm. In this dispute over a commercial lease, the Chancellor entered Judgment for lessor for limited rents, taxes and attorney's fees. On appeal, we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:W. Frank Brown, III |
Hamilton County | Court of Appeals | 06/25/02 | |
| Dept of Children's Services vs. NFGWP, in re:KSG and AlW
E2001-01996-COA-R3-CV
The Trial Court terminated the mother's parental rights to two minor children. On appeal, we affirm.
Originating Judge:Jamie L. Cotton |
Scott County | Court of Appeals | 06/25/02 | |
| Jonathan H. vs. James Stewart
E2001-02485-COA-R3-CV
This is a suit brought by Jonathan H., through his mother and next friend, Lisa S., and Lisa S., individually, seeking by means of a writ of certiorari and supercedes, to reverse a determination of the Anderson County School Board expelling Jonathan H. for one year because the Board found that he had violated its zero tolerance policy by possessing drugs on a school campus. We vacate the judgment below, dismiss the appeal and remand.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:William E. Lantrip |
Anderson County | Court of Appeals | 06/25/02 | |
| Josephine Bryant v. Imperial Manor Convalescent
M2000-01582-WC-R3-CV
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. In this appeal, the employer-appellant questions (1) the trial court's finding of compensability and (2) the imposition of a 6 percent penalty. As discussed below, the panel has concluded the judgment should be affirmed. Tenn. Code Ann. _ 5-6-225(e) (21 Supp.) Appeal as of Right; Judgment of the Chancery Court Affirmed JOE C. LOSER, JR., SP. J., in which FRANK F. DROWOTA, III, C. J., and JOHN K. BYERS, SR. J., joined. Clarence E. Lutz, Nashville, Tennessee, for the appellant, Imperial Manor Convalescent Center, LLC. Carson W. (Bill) Beck, Nashville, Tennessee, for the appellee, Josephine Bryant MEMORANDUM OPINION The employee or claimant, Josephine Bryant, injured her back at work. When the employer, Imperial Manor, denied her claim for workers' compensation benefits, she initiated this civil action. Following a trial on the merits, the trial court found the claimant's injury to be compensable and awarded benefits. The employer has appealed. Appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings of fact, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2). The reviewing court is required to conduct an independent examination of the record to determine where the preponderance of the evidence lies.
Authoring Judge: Joe C. Loser, Jr., Sp. J.
Originating Judge:Irvin H. Kilcrease, Chancellor |
Davidson County | Workers Compensation Panel | 06/25/02 | |
| Betsy D. Coker v. Beverly Enterprises Tennessee, Inc.
M2000-01630-WC-R3-CV
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. In this appeal, the employer-appellant questions (1) the trial court's finding that the employee's injury arose out of and in the course of her employment and (2) the award of permanent partial disability benefits based on 65 percent to the leg. As discussed below, the panel has concluded the judgment should be affirmed. Tenn. Code Ann. _ 5-6-225(e) (21 Supp.) Appeal as of Right; Judgment of the Chancery Court Affirmed. JOE C. LOSER, JR., SP. J., in which FRANK F. DROWOTA, III, C. J., and JOHN K. BYERS, SR. J., joined. Pamela M. McCord and Richard E. Spicer, Nashville, for the appellant, Beverly Enterprises, Inc., d/b/a Beverly Healthcare Robert T. Carter, Tullahoma, Tennessee, for the appellee, Betsy D. Coker MEMORANDUM OPINION The employee or claimant, Ms. Coker, initiated this civil action to recover workers' compensation benefits for an injury by accident arising out of and in the course of her employment as a nurse for Beverly Healthcare. The employer denied liability and denied the claimant suffers any permanent disability. Following a trial on the merits on May 21, 21, the trial court resolved the issues in favor of the claimant and awarded, inter alia, permanent partial disability benefits based on 65 percent to the leg. The employer has appealed. Appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings of fact, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2). The reviewing court is required to conduct an independent examination of the record to determine where the preponderance of the evidence lies.
Authoring Judge: Joe C. Loser, Jr., Sp. J.
Originating Judge:Jeffrey Stewart, Chancellor |
Franklin County | Workers Compensation Panel | 06/25/02 | |
| Vicky Lynn Presley v. Vf Workwear, Inc.
M2001-01912-WC-R3-CV
In this appeal, the employer insists (1) the trial court erred by considering the operating surgeon's medical impairment rating and (2) the award of permanent partial disability benefits is excessive. As discussed below, the panel has concluded the judgment should be affirmed.
Authoring Judge: Joe C. Loser, Jr., Sp. J.
Originating Judge:Vernon Neal, Chancellor |
Putnam County | Workers Compensation Panel | 06/25/02 | |
| State of Tennessee v. Ernest Lee Littles
W2001-01706-CCA-R3-CD
An Obion County Circuit Court jury convicted the defendant, Ernest Lee Littles, of rape of a child, a Class A felony. The trial court sentenced him as a child rapist to twenty years in the Tennessee Department of Correction, with 100% of the sentence to be served. In his appeal as of right, the defendant claims only that there was insufficient evidence to support his conviction. We affirm the judgment of the trial court but remand for entry of a corrected judgment
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge William B. Acree |
Obion County | Court of Criminal Appeals | 06/25/02 | |
| State of Tennessee v. Ricky Ray Reed, Jr., aka "Ricco"
W2001-02155-CCA-R3-CD
The defendant was indicted for first degree murder and convicted by the jury of second degree murder. He filed a petition for post-conviction relief, and was permitted to make a delayed motion for a new trial, which ultimately was denied by the trial court. The defendant appeals the denial, arguing that the evidence at trial was insufficient to support his conviction for second degree murder. After a review of the record, we conclude that there was sufficient evidence to convict the defendant of second degree murder and that the trial court properly denied the defendant's motion for judgment of acquittal and a new trial.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge Joseph H. Walker, III |
Tipton County | Court of Criminal Appeals | 06/25/02 | |
| Cheryl Nichols v. Transcor America
M2001-01889-COA-R9-CV
A female prisoner who was allegedly raped by an employee of TransCor America, Inc., an inmate transportation company, brought suit against the company for negligence and breach of contract. The trial court granted partial summary judgment to the defendant company on the negligence claim, ruling among other things that it is not a common carrier under Tennessee law. The court also denied the company's motion for summary judgment on the plaintiff's contract claim. Both parties filed applications for an interlocutory appeal, which we granted. We affirm the trial court as to both issues.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Marietta M. Shipley |
Davidson County | Court of Appeals | 06/25/02 | |
| State of Tennessee v. Wendell Gary Gibson
M2001-01430-CCA-R3-CD
The sole issue in this appeal is whether the trial court erred in ordering the defendant to pay $18,000 in restitution. We reverse the judgment of the trial court regarding restitution and remand this matter for further proceedings.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Robert L. Holloway |
Maury County | Court of Criminal Appeals | 06/24/02 | |
| State of Tennessee v. Rhynuia Lamont Barnes
M2001-00631-CCA-R3-CD
The defendant was convicted of premeditated first degree murder by a Davidson County jury and sentenced to life imprisonment with the possibility of parole. In this appeal, he contends (1) the evidence was insufficient to sustain his conviction; (2) he was denied the opportunity to retain his counsel of choice; (3) the state committed prosecutorial misconduct when it failed to sua sponte redact a portion of an audio tape, and the trial court improperly denied the defendant's request for a mistrial; and (4) the trial court erred when it failed to instruct the jury on facilitation of first degree murder and voluntary manslaughter as lesser-included offenses of first degree murder. After reviewing the record, we affirm.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Walter C. Kurtz |
Davidson County | Court of Criminal Appeals | 06/24/02 | |
| Kelly Dean and Lara Lynn Brisco vs. National Union Fire Insurance Company of Pittsburgh, Pennsylvania
E2001-02311-COA-R3-CV
In this declaratory judgment action, the trial court held operation of the company's vehicle by the wife of the employee was covered under company's insurance policy. On appeal, we affirm
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Richard E. Ladd |
Sullivan County | Court of Appeals | 06/24/02 | |
| Guy R. Jenkins, et al vs. Dan Gibbs
E2001-01802-COA-R3-CV
After a dispute arose over the ownership of 1000 shares of stock in City Bonding Company ("City Bonding"), Guy Jenkins and Aubrey Allen Jenkins ("Plaintiffs") sued Dan Gibbs ("Defendant") seeking a determination as to how many shares of stock were owned by the various parties. Guy Jenkins also claimed Gibbs unlawfully procured the breach of a contract Guy Jenkins had with City Bonding. The trial court granted Gibbs summary judgment on the unlawful procurement of breach of contract claim. After a trial on the remaining issues, the trial court determined Gibbs owned 490 shares of stock, Guy Jenkins owned 255 shares, and the remaining 255 shares were unissued. All parties appealed the trial court's determination with respect to ownership of the stock. Guy Jenkins also appealed the granting of summary judgment on his claim against Gibbs for unlawful procurement of breach of contract. We vacate the summary judgment granted to Gibbs and affirm the judgment in all other respects.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Sharon J. Bell |
Knox County | Court of Appeals | 06/24/02 | |
| Mary Trew, d/b/a Trew's Wrecker vs. David Haggard
E2001-02183-COA-R3-CV
Trew's Wrecker Service and the Roane County Sheriff's Department entered into an oral contract regarding towing and storage services for vehicles seized by the Sheriff's Department in drug interdiction and DUI enforcement matters. The parties dispute many of the terms of the oral contract, including how much Trew's Wrecker Service was to be paid for towing and storage and when the Sheriff's Department was required to hold a sale of the seized vehicles in order to clear the wrecker service lot. Mary Trew, d/b/a Trew's Wrecker Service ("Plaintiff"), sued the Roane County Sheriff's Department and Sheriff David B. Haggard ("Defendants") for "breach of contract, and benefits conferred." The Trial Court awarded damages based upon a $45 per vehicle towing and storage charge for 83 vehicles. Plaintiff appeals. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Russell E. Simmons, Jr. |
Roane County | Court of Appeals | 06/24/02 | |
| Donald Tangwall vs. Patrick Stapleton
E2001-02121-COA-R3-CV
Plaintiff filed a Petition in bankruptcy and subsequently filed suit in Circuit Court, claiming damages against defendants. The Trial Court dismissed plaintiff's action. On appeal, we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:W. Dale Young |
Blount County | Court of Appeals | 06/24/02 | |
| John Doe v. Commissioner George W. Hattaway of The
2001-02732-COA-R3-CV
Originating Judge:Billy Joe White |
Claiborne County | Court of Appeals | 06/24/02 | |
| Darin Montgomery v. Wal-Mart Stores, Inc.
M2001-01718-WC-R3-CV
In this appeal, the employer-appellant insists (1) the trial court erred in finding the employee suffered a work related injury, (2) the award of permanent partial disability benefits is excessive, (3) the trial court erred in awarding payment of unauthorized medical expenses, and (4) the trial court erred in commuting the award to a lump sum. As discussed below, the panel has concluded the judgment should be affirmed.
Authoring Judge: Joe C. Loser, Jr., Sp. J.
Originating Judge:Thomas Gray, Chancellor |
Montgomery County | Workers Compensation Panel | 06/24/02 | |
| Charles Thomas Huff v. Savage Zinc, Inc (Now Known As
M2001-01890-WC-R3-CV
The trial court found that the plaintiff had sustained a compensable injury and awarded him eighty percent (8%) permanent partial disability to the body as a whole. We reverse the judgment of the trial court and remand this case for further proceedings.
Authoring Judge: John K. Byers, Sr. J.
Originating Judge:John H. Gasaway, Judge |
Montgomery County | Workers Compensation Panel | 06/21/02 | |
| Glenn Edwin Bilyeu v. Sherwin Williams Company
M2001-01338-WC-R3-CV
The defendant appeals the trial judge's decision that the plaintiff suffered the injury of occupational asthma in the course and scope of his employment which resulted in a 75 percent permanent partial disability to the body as a whole. We affirm the judgment of the trial court.
Authoring Judge: Byers, Sr. J.
Originating Judge:John Gasaway, III, Judge |
Robertson County | Workers Compensation Panel | 06/21/02 | |
| The Evidence Is Otherwise. Tenn. Code Ann._ 50-6-225(E)(2). Stone v. City of Mcminnville, 896
E2001-01260-WC-R3-CV
The plaintiffs appeal the trial judge's decision that they failed to carry their burden of proof with respect to the decedent's heart attack being an injury by accident arising out of and in the course of his employment for the company insured by the defendant. We affirm the judgment of the trial court.
Authoring Judge: Byers, Sr. J.
Originating Judge:Billy Joe White, Chancellor |
Knox County | Workers Compensation Panel | 06/20/02 | |
| State of Tennessee v. Sean A. Turner, alias; Sean Andre Turner
E2001-01773-CCA-R3-CD
Defendant, Shaun A. Turner, alias Shaun Andre Turner, appeals from the trial court's order revoking his probation and ordering him to serve two consecutive sentences in the Department of Correction. After reviewing the record, we affirm the judgment of the trial court.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge Ray L. Jenkins |
Knox County | Court of Criminal Appeals | 06/20/02 | |
| State of Tennessee v. Brian Keith Gilmer
E2001-01474-CCA-R3-CD
Defendant, Brian Keith Gilmer, pursuant to a negotiated plea agreement, pled guilty to four counts of rape, Class B felonies, and five counts of rape of a child, Class A felonies, in Case No. 6975 in the Circuit Court of Jefferson County. On the same date, he pled guilty to five counts of rape, Class B felonies, in Case No. 8161 in the Circuit Court of Sevier County. The victim in all counts, in both counties, was Defendant's stepdaughter. Sentencing was to be determined by the trial court (which was the same for both counties), but the negotiated plea agreement was structured such that the total effective sentence would not be less than 15 years or more than 50 years. Defendant also pled guilty to other criminal offenses as part of the plea agreement, but these are not relevant to this appeal. Although Defendant filed a notice of appeal indicating that he was appealing the sentences imposed in both the Jefferson and Sevier County cases, in effect, this appeal challenges only the length of sentences of the Class A felonies in the Jefferson County case, and the fact that one Class A felony was ordered to be served consecutively to the other sentences. We affirm the judgments of the trial court.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge O. Duane Slone |
Jefferson County | Court of Criminal Appeals | 06/20/02 | |
| State of Tennessee v. Antonio Rico Walls
M1998-00358-CCA-R3-CD
The defendant, Antonio Rico Walls, was convicted of the sale of over .5 grams of cocaine within 1000 feet of a school, in violation of the Drug-Free School Zone Act, and appealed the conviction. Subsequently, he pled guilty to three additional counts of the indictment alleging the same offense, and was sentenced to concurrent fifteen-year sentences for each offense. The pleas of guilty purported to reserve, as a certified question, the claim that the Drug-Free School Zone Act is unconstitutional. We conclude that it is not, and, further, that the evidence at the defendant's trial was sufficient to support his conviction. Accordingly, we affirm the judgments of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge John H. Gasaway, III |
Montgomery County | Court of Criminal Appeals | 06/20/02 | |
| Carolyn Jones v. TennCare
M2001-01065-COA-R3-CV
Beginning in 1994, the Bureau of TennCare ("TennCare") provided insurance coverage for home health services for one its enrollees, Carolyn Jones ("Jones"), who is bed-ridden due to rheumatoid arthritis. In 1997, TennCare denied Jones coverage for home health services, and Jones appealed this determination. The Administrative Law Judge held TennCare was not required to provide coverage for home health services to Jones because the services are not medically necessary for her. Under the Uniform Administrative Procedures Act, Jones appealed the administrative agency's determination to the Chancery Court of Davidson County ("Trial Court") which affirmed the determination. Jones now appeals to this Court. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 06/20/02 | |
| Jerry Walker v. Ricky White
M2001-02438-COA-R9-CV
This is an interlocutory appeal by permission which raises issues of first impression concerning the federal Right to Financial Privacy Act and the Tennessee Financial Records Privacy Act. We first must determine whether state courts retain concurrent jurisdiction to resolve claims brought against a bank by its customer arising under the federal Act. We hold that federal court jurisdiction under the Act is permissive. State courts therefore retain concurrent jurisdiction over such claims. We further hold that the Tennessee Financial Records Privacy Act is not applicable to federal agencies which issue subpoenas for bank records. The furnishing of information pursuant to a subpoena issued by a federal agency is governed in Tennessee by the federal Right to Financial Privacy Act. Accordingly, we affirm the trial court's order denying summary judgment on these issues to the Defendant.
Authoring Judge: Judge David R. Farmer
Originating Judge:John D. Wootten, Jr. |
Macon County | Court of Appeals | 06/20/02 |
