| Omawali Shabazz, aka Fred Edmond Dean vs. Greeley Wells
E2001-02315-COA-R3-CV
In this suit, wherein Omawali Ashanti Shabazz, a/k/a, Fred Edmond Dean, seeks to acquire certain materials held in the office of the District Attorney General. The Trial Court denied the relief he sought because, under Tenn.R.Crim. P. 16, he was not entitled to the material while a post-conviction proceeding was pending. We affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:R. Jerry Beck |
Sullivan County | Court of Appeals | 02/21/02 | |
| State of Tennessee v. Timothy S. Oglesby
M2000-02134-CCA-R3-CD
The appellant, Timothy S. Oglesby, pled guilty to the offense of felonious possession of a weapon. He received a two (2)-year sentence. Contemporaneously with the entry of the guilty plea the appellant and the State entered an agreed order purporting to reserve a certified question of law for appeal pursuant to Tennessee Rule of Criminal Procedure 37(b)(2)(i). The certified question of law alleged to be dispositive of the case is stated in the agreed order as “the denial of his suppression motion.” We hold that the absence in the judgment of the certified question of law or of a statement incorporating the agreed order into the judgment compels a dismissal of this appeal. In addition, the failure of the agreed order to set forth the certified question with sufficient specificity compels the dismissal of this appeal even if the agreed order had been incorporated by reference into the judgment.
Authoring Judge: Judge Jerry L. Smith
Originating Judge:Judge L. Craig Johnson |
Coffee County | Court of Criminal Appeals | 02/21/02 | |
| State of Tennessee v. Gonzalo Moran Garcia
M2000-01760-CCA-R3-CD
After careful review of the record, I write separately because I reach a different conclusion than that expressed in the majority opinion with respect to the defendant's motion to suppress the evidence obtained during the search of his vehicle. I agree with the majority on all other matters raised in this appeal.
Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Steve R. Dozier |
Davidson County | Court of Criminal Appeals | 02/20/02 | |
| State of Tennessee v. Gonzalo Moran Garcia
M2000-01760-CCA-R3-CD
The appellant, Gonzalo Moran Garcia, appeals his conviction by a jury in the Davidson County Criminal Court of one count of possession of one thousand grams or more of methamphetamine with intent to deliver, a class A felony. He raises the following issues for our review: (1) whether the trial court erred in denying his pre-trial motion to suppress; (2) whether the trial court erred in admitting at trial the testimony of Daniel A. Rosales, an officer employed by the Houston Police Department in Texas; (3) whether the evidence underlying the appellant’s conviction is sufficient; and (4) whether the trial court erred in rejecting his proposed jury instructions. Following a thorough review f the record and the parties’ briefs, we reverse the judgment of the trial court and remand this case
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Judge Steve R. Dozier |
Davidson County | Court of Criminal Appeals | 02/20/02 | |
| Joyce Howell vs. Phillip Howell
W2001-01167-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Joe C. Morris |
Madison County | Court of Appeals | 02/20/02 | |
| Shelia Bland vs. Jerry Bland
W2001-01705-COA-R3-CV
Husband appeals from a final decree of divorce as to the amount of alimony awarded and the award of attorney fees. We affirm and modify.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Joe C. Morris |
Henderson County | Court of Appeals | 02/20/02 | |
| Alfred/Florence Garionis vs. Andre Pride & Charles Holland
W2001-01682-COA-R3-CV
The plaintiffs filed a suit for personal injuries arising out of an automobile accident. Through their attorney, they reached a settlement of their claims. Thereafter, they sought to set aside the settlement upon the grounds that they had not authorized their attorney to accept the defendants' offer. Following an evidentiary hearing, the trial court found that the plaintiffs had authorized their attorney to settle the case and entered an order enforcing the settlement. We hold that the findings of the trial court are supported by a preponderance of the evidence and affirm the lower court.
Authoring Judge: Judge William B. Acree
Originating Judge:Robert L. Childers |
Shelby County | Court of Appeals | 02/20/02 | |
| Eagle Vision vs. Odyssey Medical
W2001-01772-COA-R3-CV
This is an action for misappropriation of trade secrets in which the manufacturer of a surgical product allegedly misappropriated the product design and marketed a competing product after the developer discontinued its relationship with manufacturer. Trial court granted summary judgment in favor of manufacturer on all claims. We reverse and remand.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 02/20/02 | |
| Don Long vs. Ralph & Edna Langley
W2001-01490-COA-R3-CV
This a lawsuit between the two stockholders of Gene Langley Ford, Inc., an automobile dealership. The issues involve the percentage of ownership owned by the two stockholders and whether the defendant paid himself an excessive salary for managing the business. The Chancellor held that the plaintiff owns forty-nine (49%) of the stock and the defendant owns fifty-one percent (51%). He further held that the defendant's salary was not excessive. We reverse the Chancellor's decision regarding the ownership of the stock and hold that each party owns fifty percent (50%). We affirm the Chancellor's decision that the defendant's salary was reasonable.
Authoring Judge: Judge William B. Acree
Originating Judge:George R. Ellis |
Gibson County | Court of Appeals | 02/20/02 | |
| State/Mae Clark vs. Charles Clark
W2001-01896-COA-R3-CV
This appeal involves an obligor parent's failure to comply with court ordered child support obligations. The State of Tennessee, on behalf of a custodial parent, sought to reduce arrearage in the obligations to judgment. The State was successful and the custodial parent was awarded $14,000.00 in arrearage. The obligor parent appealed and, for the following reasons, we affirm the lower court's decision.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Clayburn L. Peeples |
Haywood County | Court of Appeals | 02/20/02 | |
| Joyce Howell vs. Phillip Howell
W2001-01167-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Joe C. Morris |
Madison County | Court of Appeals | 02/20/02 | |
| Jarrett W Illiam Utley v. Bridgestone/Firestone
M2001-00090-WC-R3-CV
The employee appeals and contends the trial court erred (1) in finding his claim for a work-related repetitive injury was barred by the statute of limitations, and (2) in concluding that his injury on September 2, 1997 did not result in any permanent disability. We affirm the judgment of the trial court.
Authoring Judge: Howell N. Peoples, Special Judge
Originating Judge:Tom E. Gray, Chancellor |
Sumner County | Workers Compensation Panel | 02/20/02 | |
| Angela Lem Mons v. P & P Enterpr Ises, Llc
M2001-00616-WC-R3-CV
The employee appeals the finding of the trial court that she failed to carry her burden of proof that her injuries arose out of and in the course of her employment. We affirm the judgment of the trial court.
Authoring Judge: Howell N. Peoples, Special Judge
Originating Judge:James E. Walton, Judge |
Robertson County | Workers Compensation Panel | 02/20/02 | |
| Marilyn Yount v. Bruce Yount
M2001-01335-COA-R3-CV
The trial court granted a divorce to the wife, and awarded her alimony in futuro of $2,000 per month. The husband argues on appeal that the wife does not need any alimony, and that he himself does not have the ability to pay the alimony. The proof shows that he does indeed have the ability to pay, but that the wife's needs are more appropriately served by an award of rehabilitative alimony. We modify the alimony award accordingly.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Carol A. Catalano |
Montgomery County | Court of Appeals | 02/20/02 | |
| David Schwab v. David Miller
M2001-00932-COA-R3-CV
The Chancery Court of Williamson County held that in order to claim a major benefit of an employment contract the employee had to be employed when the other contingencies in the contract were met. We affirm the lower court's interpretation.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:R.E. Lee Davies |
Williamson County | Court of Appeals | 02/20/02 | |
| ANR Pipeline Co., Colonial Pipeline Co., Columbia Gulf Transmission Co., et al. v. TN Board of Equalization
M2001-01098-COA-R12-CV
Pipelines for the transport of petroleum products were installed sub-surface by various companies which acquired easements over affected freeholds. These pipelines were assessed as real estate for purposes of taxation. Petitions for Review were filed by the Pipeline Companies alleging that the pipelines were personal property. The decision of the Board of Equalization is reversed.
Authoring Judge: Per Curiam
|
Williamson County | Court of Appeals | 02/20/02 | |
| Charles Crews (Dexter Ridge Shopping Center) vs. Michael Cahhal, et al.
W1999-02354-COA-R3-CV
This is a breach of contract case. The plaintiff developer leased space to a corporation for use as a restaurant. The shareholders of the corporation entered into a separate agreement with the developer to guarantee the lease. The corporation defaulted on the lease. The developer filed unlawful detainer warrants in general sessions court against both the corporation and the shareholder guarantors. Thereafter, the corporation filed for bankruptcy, thus staying the general sessions court proceedings as to the corporation. The general sessions court dismissed the entire action, including the claim against the guarantors, because the bankruptcy stay prevented the developer from recovering possession. This decision was appealed to circuit court. Meanwhile, the developer had filed a second lawsuit for breach of contract against the guarantors. The second lawsuit was consolidated with the appeal of the unlawful detainer action pending in circuit court. After a trial, the circuit court affirmed the dismissal of the unlawful detainer action and dismissed the breach of contract action based on the doctrine of former suit pending. This appeal followed. We reverse and remand, finding, inter alia, that the action in general sessions court against the guarantors was for breach of contract and, therefore, recovery of possession of the premises was not required in order to obtain an award of damages against the guarantors.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Karen R. Williams |
Shelby County | Court of Appeals | 02/19/02 | |
| Ingram v. Beazer Homes
M2001-01641-COA-R3-CV
This litigation arises from the 1994 sale of a newly constructed house and lot backing up to a subdivision common area with an existing natural sinkhole, which is utilized for surface water drainage from several nearby lots. During development of the subdivision the defendant filled the area including a portion of the lot purchased by the plaintiffs. In 1997, the plaintiffs became concerned about the ground settling in their back yard and about perceived dangers of the nearby sinkhole. They sued the defendant as subdivision developer, house builder, and seller of the property and sought rescission or alternative relief. The Chancery Court ordered rescission with the plaintiffs recovering the appreciated value at the time of trial and the cost of improvements, plus prejudgment interest on that total, but without any setoff for the rental value during the plaintiffs' occupancy. We reverse and remand due to errors in the trial court's calculation of the amount payable upon rescission and related issues. While we could affirm the rescission, we are reluctant to limit the parties and the trial court to that remedy, since we anticipate additional proof by the parties and a significantly different result upon remand.
Authoring Judge: Judge Robert L. Jones
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 02/19/02 | |
| Alan Miller v. City of Murfreesboro
M2001-01478-COA-R9-CV
In this retaliatory demotion case, the City of Murfreesboro appeals the action of the trial court in denying a Motion for Summary Judgment as to all issues. We find no material evidence in the record to establish that the articulated reason for the demotion of these three police officers, all of whom are established by the record to be honest and competent officers, is pretextual. The judgment of the trial court is reversed, and summary judgment entered for Defendant as to all issues.
Authoring Judge: Judge William B. Cain
Originating Judge:John W. Rollins |
Rutherford County | Court of Appeals | 02/19/02 | |
| Dennis Osagie v. Peakload Temporary Services
M2001-00852-COA-R3-CV
An employee of a temporary services agency sued the agency for non-payment of wages and for discrimination. The trial court dismissed the claim for non-payment with prejudice, and the claim for discrimination without prejudice. We affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Hamilton V. Gayden, Jr. |
Davidson County | Court of Appeals | 02/19/02 | |
| Kevin Sanders v. Jerry Mansfield
M2001-01893-COA-R3-CV
Plaintiffs appeal an injunction preventing them from interfering with county maintenance of a public road running through their property. We affirm the trial court in this matter and uphold the injunction against Plaintiffs.
Authoring Judge: Judge William B. Cain
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Lincoln County | Court of Appeals | 02/19/02 | |
| Margaret Parker v. The Kroger Company
W2002-02279-COA-RM-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:James F. Russell |
Shelby County | Court of Appeals | 02/19/02 | |
| Mechanic's Laundry vs. Auto Glass
W2001-01113-COA-R3-CV
In this breach of contract case, defendant corporation denies liability under the contract because defendant's employee who signed the contract, ostensibly on behalf of the corporation, had no authority to do so. Plaintiff contends that the person signing the contract had apparent authority to act for the corporation. The trial court granted summary judgment to the plaintiff. Defendant appeals. We vacate, render, and remand.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 02/19/02 | |
| Eric Wallace v. State of Tennessee
W2000-02854-CCA-R3-CD
The petitioner, Eric Wallace, appeals the trial court's denial of his petition for post-conviction relief. The issues presented for review are (1) whether the petitioner received effective assistance of counsel; (2) whether the petitioner was denied the right to a speedy trial; and (3) whether the state used improper impeachment evidence. Because the evidence does not preponderate against the findings of the trial court, the order denying post-conviction relief is affirmed.
Authoring Judge: Presiding Judge Gary R. Wade
Originating Judge:Judge W. Otis Higgs, Jr. |
Shelby County | Court of Criminal Appeals | 02/19/02 | |
| Margaret Parker vs. Kroger Co.
W2001-01977-COA-R3-CV
Plaintiff, a Tennessee resident, slipped and fell in a Kroger store in Texas. Plaintiff sued defendant in Shelby County Circuit Court, and the parties agreed that Texas law was applicable. The trial court granted summary judgment for defendant, and plaintiff appeals. We reverse and remand.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:James F. Russell |
Shelby County | Court of Appeals | 02/19/02 |
