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| State of Tennessee v. Ernest Edward Wilson - Concurring and Dissenting
M2000-01997-CCA-R3-CD
Although I agree with Judge Welles that it is problematic to use voluntary
Authoring Judge: Judge James Curwood Witt, Jr.
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Davidson County | Court of Criminal Appeals | 10/17/01 | |
| Kimberly Day v. John Day
M2001-01624-COA-R9-CV
This is a post-divorce case. It is before the Court on the application of John Arthur Day ("Husband") seeking relief from the interlocutory order of the trial court denying his motion for summary judgment. Husband's summary judgment motion was filed in response to the Tenn. R. Civ. P. 60.02(1) motion filed by his former wife, Kimberly Beard Day ("Wife"), in which she seeks relief from portions of the parties' judgment of divorce (sometimes referred to herein as "the judgment"), specifically the child support, division of property, and alimony provisions of the incorporated marital dissolution agreement. Husband's application to this Court was originally filed pursuant to Tenn. R. App. P. 10. Before his application was acted upon, he converted it to a request for relief pursuant to Tenn. R. App. P. 9. This change in approach followed the trial court's reversal of its earlier order denying him Rule 9 relief. We granted Husband's Rule 9 application. We find that the material facts are not in dispute and that those facts establish that Husband is entitled to a judgment as a matter of law. Accordingly, we (1) reverse the trial court's order of April 24, 2001, denying Husband's motion for summary judgment and (2) dismiss Wife's Rule 60.02(1) motion.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Russell Heldman |
Williamson County | Court of Appeals | 10/17/01 | |
| William R. Varner vs. City of KnoxviIle
E2001-00329-COA-R3-CV
By way of a complaint for writ of certiorari, the plaintiff challenges the decision of the Knoxville City Council ("the City Council") to deny his application to rezone his .5 acre lot from low density residential to commercial for the expansion of a used car lot located on adjacent property. Following a bench trial, the court below dismissed the complaint. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Sharon J. Bell |
Knox County | Court of Appeals | 10/17/01 | |
| Donna Sharon Presley vs. Clavin Herman Shadrick, et al .
E2001-00015-COA-R3-JV
This is a custody and guardianship suit between petitioners, neither of whom is the biological or adoptive parent of the set of twins ("Children") who are at the center of this dispute. The parties in this appeal are, on one side, the Children's maternal great uncle and his wife, Calvin Herman Shadrick and Willie Mae Shadrick ("Shadricks"), and, on the other side, the children's paternal grandmother, Donna Sharon Presley ("Presley"). The trial court granted custody and guardianship of the Children to the Shadricks. Presley appeals. We affirm
Authoring Judge: Judge David Michael Swiney
Originating Judge:Patricia R. Hess |
Anderson County | Court of Appeals | 10/17/01 | |
| 2000-02837-COA-R3-CV
2000-02837-COA-R3-CV
Originating Judge:Thomas R. Frierson, II |
Hamblen County | Court of Appeals | 10/17/01 | |
| Lane-Detman, L.L.C. , et al vs. Miller & Martin, et al
E2001-00444-COA-R3-CV
In 1995, Lane-Detman, LLC, Clara Lane, and Darlene Lane-Detman ("Plaintiffs"), invested $600,000 in two businesses in which Samuel Cooper ("Cooper") had an ownership interest. This investment soured, and in December 1997, Plaintiffs obtained a default judgment against Cooper. Before Plaintiffs invested with Cooper, Plaintiffs' attorney, defendant W. Scott McGinness, Jr. ("Defendant McGinness"), performed a background search on Cooper at the request of Plaintiff Darlene Lane-Detman ("Plaintiff Lane-Detman"). In addition to other investigative efforts, Defendant McGinness had the co-defendant, Equifax Services, Inc. ("Defendant Equifax"), perform a background search on Cooper. Defendant Equifax's report revealed no questionable or negative history on Cooper. After Plaintiffs obtained their default judgment against Cooper, Plaintiffs hired other counsel to assist with collection of the judgment. In 1998, Plaintiffs' new counsel uncovered an abundance of questionable and negative history on Cooper. Thereafter, in 1999, Plaintiffs sued Defendant McGinness and his law firm, Miller & Martin ("Defendant Miller & Martin"), and Defendant Equifax. The Trial Court granted summary judgment to the defendants, finding that Plaintiffs' claim against Defendant Equifax was barred by an exculpatory clause in the contract between Defendant Equifax and Defendant Miller & Martin and that Plaintiffs' claim against Defendants Miller & Martin and McGinness was barred by the statute of limitations. Plaintiffs appeal. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Buddy D. Perry |
Hamilton County | Court of Appeals | 10/17/01 | |
| State of Tennessee, Respondent/Appellee v. Edward Alan Scarbrough, alias, Defendant; International Fidelity Insurance Company, Petitioner/Appellant
E2001-00304-CCA-R3-CD
The defendant, Edward Alan Scarbrough, failed to appear for a scheduled court date on September 21, 1999. Conditional forfeiture was taken on bail bonds in the total amount of $125,000.00. The surety for these bail bonds was International Fidelity Insurance Company, which was obligated through its agent, Gary's Bail Bonds, Inc. Defendant was not returned to custody until after the time period for final forfeiture had expired. International Fidelity Insurance Company filed a timely petition to be granted full exoneration. The trial court, after a hearing, granted partial exoneration and ordered International Fidelity Insurance Company to pay $55,000.00. We affirm the judgment of the trial court.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge Mary Beth Leibowitz |
Knox County | Court of Criminal Appeals | 10/17/01 | |
| State of Tennessee v. Michael J. McCann
2990-CCA-R3-CD
The Defendant, Michael J. McCann, was convicted by a jury of one count of aggravated criminal trespass on a habitation; two counts of assault; two counts of aggravated assault; one count of aggravated sexual battery; and two counts of especially aggravated kidnapping. After a hearing he was sentenced as a Range II multiple offender on the aggravated assaults, and as a Range I offender on the remaining convictions, to an effective sentence of thirty years. In this appeal as of right, the Defendant contends that his kidnapping convictions must be reversed and dismissed as violative of his due process rights under State v. Anthony; that the trial court erred in not requiring the State to elect between the proof presented in support of two sexual offenses charged; that the Defendant’s two assault convictions should have been merged into one of the aggravated assault convictions; that
Authoring Judge: Judge David H. Welles
Originating Judge:Judge Timothy L. Easter |
Lewis County | Court of Criminal Appeals | 10/17/01 | |
| State of Tennessee vs. Clifford Peele
E1999-00907-SC-R11-CD
We granted appeal to determine (1) if Tenn. R. App. P. 3(b) permits the appeal of a denial of a motion to withdraw a guilty plea; and (2) whether a Tenn. R. Crim. P. 32(f) motion to set aside a guilty plea filed prior to the time the judgment becomes final tolls the time for filing an appeal to permit the trial court to rule on the motion. We hold (1) that a denial of a motion to set aside a guilty plea may be appealed pursuant to Tenn. R. App. P. 3(b); and (2) that a trial court retains jurisdiction to rule on a motion to set aside a guilty plea if the motion is filed prior to the date the judgment becomes final. Accordingly, the holding of the Court of Criminal Appeals is reversed, and the case is remanded to the intermediate appellate court for proceedings consistent with this opinion.
Authoring Judge: Justice Janice M. Holder
Originating Judge:Arden L. Hill |
Carter County | Supreme Court | 10/16/01 | |
| Tip's PackageStore, Inc. vs. Commercial Ins. Mgrs., Inc.
E2000-02070-COA-R3-CV
Plaintiffs H. Wayne Tipton ("Tipton") and Tip's Package Store, Inc., (Tip's) brought this lawsuit against George P. Taylor ("Taylor") and Commercial Insurance Managers, Inc., ("Commercial") seeking indemnification for an agreed judgment entered against Tip's in a lawsuit involving the tragic deaths of two young University of Tennessee students. Plaintiffs claim that Defendants improperly obtained for them an "occurrence" liability policy as opposed to a "claims made" liability policy, thereby resulting in a lack of insurance coverage for the wrongful death claims. After a jury trial, the Chancery Court entered judgment in favor of both Plaintiffs in the amount of $1,000,000 for indemnification based on the jury's answers to interrogatories. Defendants appeal, arguing, among other things, that: (1) the statute of limitations had run; (2) a covenant not to execute entered into between the families of the deceased young women and Plaintiffs extinguished any potential liability; and (3) the jury's responses to interrogatories were fatally inconsistent. We affirm in part, reverse in part, and remand.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Sharon J. Bell |
Knox County | Court of Appeals | 10/16/01 | |
| Gloria Neuenschwander vs. Roy Neuenschwander
E2001-00306-COA-R3-CV
Trial Judge refused to recuse, set amount of alimony, and established rental value of parties' property. On appeal we reverse the change in the amount of alimony by the Trial Court, but otherwise affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:William M. Dender |
Knox County | Court of Appeals | 10/16/01 | |
| Beal Bank vs. RBM Co., Est. of H.A. Webster, Michael Webster, and Richard Webster
E2001-00520-COA-R3-CV
The trial court admitted into evidence the loan records from NationsBank through a witness who was thoroughly familiar with the record-keeping process. On appeal, we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:W. Frank Brown, III |
Hamilton County | Court of Appeals | 10/16/01 | |
| Polk County vs. Glenda B. Rogers , d/b/a Ocoee River Rats
E2001-00004-COA-R3-CV
In this appeal from the Polk County Chancery Court the Appellant , Glenda B. Rogers, d/b/a Ocoee River Rats, contends that evidence presented at trial showed that the classification of whitewater rafting businesses and their customers under a private act applicable to the Appellee, Polk County, assessing a privilege tax on guided rafting ticket sales by such businesses in Polk County is without reasonable basis and that the Trial Court's finding to the contrary was in error. We affirm the judgment of the Trial Court and we adjudge costs of the appeal against the Appellant.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Jerri S. Bryant |
Polk County | Court of Appeals | 10/16/01 | |
| E2000-02268-COA-R3-CV
E2000-02268-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Originating Judge:Russell E. Simmons, Jr. |
Roane County | Court of Appeals | 10/16/01 | |
| Jeffrey E. Dunlap v. State of Tennessee
E2001-00189-CCA-R3-PC
The petitioner, Jeffrey E. Dunlap, appeals the trial court's denial of post-conviction relief. The single issue presented for review is whether the petitioner was denied the effective assistance of counsel at trial. The judgment is affirmed.
Authoring Judge: Presiding Judge Gary R Wade
Originating Judge:Judge Ray L. Jenkins |
Knox County | Court of Criminal Appeals | 10/16/01 | |
| Pamela K. Cantrell v. James Michael Cantrell, Jr.
2001-00259-COA-R3-CV
Originating Judge:Jerri S. Bryant |
Bradley County | Court of Appeals | 10/16/01 | |
| State of Tennessee v. Steve Barber, a.k.a. Vernon S. Barber
E2001-00909-CCA-R3-CD
The defendant was convicted by a Sullivan County Criminal Court jury of driving under the influence, third offense, a Class A misdemeanor, and driving while license suspended, revoked, or cancelled, third offense, a Class B misdemeanor. On appeal to this court, he argues, inter alia, that the trial court erred in denying his request for a mistrial and in admitting expert testimony on breath alcohol testing devices. After a careful review of the record, we affirm the judgment of the trial court. However, we remand for entry of corrected judgment forms to reflect that the defendant's convictions resulted from jury verdicts, rather than guilty pleas.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge Phyllis H. Miller |
Sullivan County | Court of Criminal Appeals | 10/16/01 | |
| Stacy Harris vs. 4215 Harding Road Homeowners Association
M2000-02414-COA-R3-CV
The appellant, a unit owner in a high-rise condominium, sued the Homeowners Association, claiming that her assessment for common expenses had been too high for the twenty years she had owned the unit. She sought reimbursement of the overpayment and an injunction against further assessments based on the percentage of her ownership stated in the Master Deed. The Chancery Court of Davidson County granted summary judgment to the Association and ordered the appellant to pay attorney's fees and costs. We affirm and remand the cause for the assessment of attorney's fees for the appeal.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 10/16/01 | |
| Linda Musick vs. Calvin Musick
E2001-01140-COA-R3-CV
The Trial Court granted parties a divorce, divided marital property, and awarded alimony. The parties have appealed on issues of evidence, division of marital property, the granting of alimony, and wife's attorney's fees. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:John S. Mclellan, III |
Sullivan County | Court of Appeals | 10/16/01 | |
| J.D. Hickman vs. TN Board of Paroles
M2000-02846-COA-R3-CV
This appeal involves a prisoner's efforts to obtain a mandatory parole date. After the general counsel for the Tennessee Board of Paroles informed him that he was ineligible for mandatory parole, the prisoner filed a common-law writ of certiorari in the Chancery Court for Davidson County seeking a declaration either that he is entitled to a mandatory parole date or that the Board had been employing the wrong legal standards with regard to his parole date and the parole dates of all other prisoners sentenced after 1989. In response to the Board's Tenn. R. Civ. P. 12.02(6) motion, the trial court dismissed the prisoner's petition because it was not timely filed and because the Tennessee Criminal Sentencing Reform Act of 1982 had prospectively repealed mandatory parole by implication. On this appeal, the prisoner asserts that his suit was timely filed and that the trial court erred by concluding that he was not entitled to a mandatory parole date. We have determined that the prisoner's complaint was timely; however, we have also determined that he is not entitled to a mandatory parole date.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 10/16/01 | |
| Taylor Brown vs. Jerry Nowlin
W2001-01455-COA-R3-CV
This dispute addresses the applicability of the "made whole" doctrine to the subrogation rights of TennCare, Tennessee's medicaid waiver program, where the insured and the tortfeasor reached a settlement agreement without the participation or consent of TennCare. We hold that the made whole doctrine did apply to TennCare at the time this case was settled and the order entered. Affirmed.
Authoring Judge: Judge David R. Farmer
Originating Judge:Robert L. Childers |
Shelby County | Court of Appeals | 10/16/01 | |
| Jessie Anthony vs. Melbourne Holland
W2001-00745-COA-R3-CV
This is an appeal from a judgment by the trial court, sitting without a jury, that the defendant's negligence was not the proximate cause of plaintiff's injuries. We hold that the evidence does not preponderate against the factual findings of the trial court. We therefore affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:Donald H. Allen |
Madison County | Court of Appeals | 10/16/01 | |
| State of Tennessee v. Arhonda Rice
W2000-03004-CCA-R3-CD
The Defendant pled guilty to theft over $1,000.00, a Class D felony, and the trial court sentenced her to two years incarceration as a Range I standard offender. The trial court suspended the Defendant’s sentence and placed her on seven years probation. The trial court also ordered the Defendant to serve one hundred weekends at the Shelby County Correctional Center, perform five hundred hours of community service, and pay $8,400.00 in restitution. The Defendant now appeals, arguing (1) the trial court erred in denying her judicial diversion, and (2) that the trial court erred in denying her full probation. Finding no error, we affirm the judgment of the trial court.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge James C. Beasley, Jr. |
Shelby County | Court of Criminal Appeals | 10/16/01 | |
| Kevin Stumpenhorst vs. Jerry Blurton Jr.
W2000-02977-COA-R3-CV
This case arises from an automobile accident in which the Appellee was injured while a passenger in a truck driven by the Appellant's son. The Appellee filed a complaint in the Circuit Court of Madison County against the Appellant and his son. The Appellant and his son filed an answer which specifically pled an affirmative defense of comparative negligence. The Appellee filed a motion for summary judgment against the Appellant and his son. The trial court denied the motion for summary judgment against the Appellant and granted the motion for summary judgment against the Appellant's son. The Appellee filed a motion to strike the affirmative defense of comparative negligence. The trial court granted the motion to strike. Following a jury trial, the jury found that the Appellee's injuries were caused by the negligence of the Appellant's son and that the Appellee was entitled to recover $1,300,000.00 in damages. The jury found that the Appellant was liable under the family purpose doctrine. The Appellant filed a motion for a judgment notwithstanding the verdict, for a new trial, or for a remittitur. The trial court denied the Appellant's motion. The Appellant appeals the decision of the Circuit Court of Madison County disallowing the Appellant to introduce evidence of the Appellee's comparative negligence. The Appellant also appeals the jury verdict finding the Appellant liable under the family purpose doctrine for $1,300,000.00 in damages. For the reasons stated herein, we reverse and remand this case for a new trial in accordance with this opinion.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Roy B. Morgan, Jr. |
Madison County | Court of Appeals | 10/16/01 | |
| Sarah Whitten vs. Dale Smith
W2001-01347-COA-R3-CV
This is a suit for the failure to pay a real estate commission. The Appellant filed a complaint against the Appellees in the Chancery Court of Hardin County. The Appellees filed a motion to dismiss for lack of subject matter jurisdiction and improper venue. The trial court denied the motion to dismiss. The Appellees filed an answer and counter-complaint. A trial was held on the complaint and counter-complaint. The trial court entered an order finding that the Appellees did not owe the Appellant a real estate commission and dismissing the counter-complaint. The Appellant appeals the order of the Chancery Court of Hardin County finding that the Appellees did not owe the Appellant
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Ron E. Harmon |
Hardin County | Court of Appeals | 10/16/01 |