| State of Tennessee v. Robert N. Rogers
E2000-00866-CCA-R3-CD
The defendant contends that the trial court erroneously ordered service of his original sentences upon the revocation of his probation. We affirm the trial court's judgment.
Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 03/19/01 | |
| Glenna Fink vs. Richard Fink
E2000-02468-COA-R3-CV
Glenna C. Fink ("Wife") filed a Complaint for Divorce against Richard H. Fink ("Husband") on the grounds of inappropriate marital conduct and irreconcilable differences. Husband filed an Answer and Counter-Complaint seeking a divorce on the same grounds. The Trial Court awarded the divorce to Wife and dismissed Husband's Counter-Complaint. The parties agreed to the sale of the marital residence, and the Trial Court awarded Wife $14,000.00 in attorney's fees out of the sale of the proceeds, with the remaining proceeds from the sale to be split 55% to Wife and 45% to Husband. Wife was awarded the full interest in her retirement/disability benefits. The Trial Court also determined that certain sums which Husband claimed were marital property were actually a gift to the parties' minor daughter and the daughter was, therefore, entitled to keep these funds. The Trial Court further awarded Wife $450.00 per month as alimony in futuro. Husband filed a Motion pursuant to Rules 59.02 and 59.04 of the Tenn. R. Civ. P. challenging these determinations. The Trial Court denied Husband's motion, and Husband appeals. We affirm, award Wife attorney's fees incident to this appeal, and remand this matter to the Trial Court for a determination of the amount of reasonable attorney's fees incurred by Wife on appeal.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Telford E. Forgerty, Jr. |
Knox County | Court of Appeals | 03/19/01 | |
| Colonial Baking Com Pany v. Clayton Barrett
M1999-02276-WC-R3-CV
A court-approved settlement limited the employee to authorized, reasonable and necessary medical expenses resulting from the employee's injuries for a period of two years from the settlement. The employee appeals the trial court's denial of his Motion for Relief from Order seeking relief from the order approving the settlement, pursuant to Rule 6.2, of the Tennessee Rules of Civil Procedure. We affirm the trial court and dismiss the appeal.
Authoring Judge: Howell N. Peoples, Special Judge
Originating Judge:Ellen Hobbs Lyle, Chancellor |
Clay County | Workers Compensation Panel | 03/19/01 | |
| Judy Hall Travis vs. Kenneth D. Travis, Jr.
E2000-01043-COA-R3-CV
This appeal from the Hamblen County Chancery Court questions whether the Trial Court erred in finding that a portion of the value of the marital residence is the separate property of the Appellee, Kenneth D. Travis, Jr.,and whether the Trial Court abused its discretion by allowing Mr. Travis to claim the parties' minor children as dependents for federal income tax purposes, by failing to award the parties joint custody of their minor children, and in setting Mr. Travis's visitation schedule. We reverse in part, affirm in part and remand for further proceedings, if any, consistent with this opinion. We adjudge costs of the appeal against Judy Hall Travis and Kenneth D. Travis, Jr. equally.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Thomas R. Frierson, II |
Hamblen County | Court of Appeals | 03/16/01 | |
| Patricia Baker vs. Tiffany Hooper, et al
E2000-01615-COA-R3-CV
Plaintiff appeals the Court's modification of her non-competition agreement with defendants and the amount of damages awarded, as well as the Court's refusal to recuse. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Russell E. Simmons, Jr. |
McMinn County | Court of Appeals | 03/15/01 | |
| In the Matter of Ray Allen Smith
E2000-00321-COA-R3-CV
This is a suit by an inmate to have his last name changed to that of his mother's maiden name. Upon the incarcerated Petitioner not appearing when the case was called for trial, it was dismissed. We vacate and remand.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Frank V. Williams, III |
Morgan County | Court of Appeals | 03/15/01 | |
| Millisa Martinez, Ind., & Ex Rel Aaron Chavez, et al vs. Charles Martinez, et al
E2000-01990-COA-R3-CV
This case presents a question of first impression. We are asked to decide whether, and, if so, under what circumstances, a driver who motions to another driver intending to turn left in front of the signaling driver can be assigned fault in the event of a resulting accident. In the instant case, the trial court granted the signaling driver summary judgment, finding on the facts before it that there could be no liability. We find that summary judgment is not appropriate and accordingly vacate the trial court's judgment and remand for further proceedings.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:W. Dale Young |
Blount County | Court of Appeals | 03/15/01 | |
| Lavonda Cable vs. Lowe's of Johnson City, Inc.
E2000-01075-COA-R3-CV
Lowe's of Johnson City, Inc., filed a Rule 60 motion seeking to set aside a default judgment rendered against it on the grounds of mistake, inadvertence or excusable neglect. The Trial Court overruled the motion and Lowe's appeals. We affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:G. Richard Johnson |
Washington County | Court of Appeals | 03/15/01 | |
| Walter Hanselman, Jr. vs. Linda Hanselman
M1998-00919-COA-R3-CV
This appeal involves a father's effort to reduce his child support and spousal support obligations. Approximately one year after the parties were divorced, the father filed a petition in the Hickman County Chancery Court seeking a downward modification of his support obligations because his income had declined due to his employer's cutbacks in the availability of overtime work. Following a bench trial, the trial court denied the father's petition because he had failed to establish a significant variance in his child support obligations and because he had failed to demonstrate that a substantial and material change in the parties' circumstances warranting a reduction in spousal support had occurred. We agree with the trial court's findings and affirm the judgment.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Donald P. Harris |
Hickman County | Court of Appeals | 03/15/01 | |
| Tax The Costs on Appeal To The Appellant, James v. Doramus, on Behalf of Elizabeth Nicoll
M2000-01928-COA-R3-CV
Originating Judge:Ben H. Cantrell |
Sumner County | Court of Appeals | 03/15/01 | |
| State of Tennessee v. Suzanne C. Douglas
M2000-01646-CCA-R3-CD
The defendant appeals from her conviction for driving under the influence, contesting the sufficiency of the indictment. We affirm the judgment of the trial court.
Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge Robert E. Burch |
Dickson County | Court of Criminal Appeals | 03/15/01 | |
| Kathy Riley v. The Travelers Insurance Company
W2000-01738-WC-R3-CV
The employer's insurer, Travelers, insists the employee's injury did not arise out of the employment and that the award of permanent partial disability benefits based on 55 percent to the right leg is excessive. As discussed below, the panel has concluded the evidence fails to preponderate against the findings of the trial court.
Authoring Judge: Joe C. Loser, Jr, Sp. J.
Originating Judge:Martha B. Brasfield, Chancellor |
Lauderdale County | Workers Compensation Panel | 03/15/01 | |
| Methodist Hospital of Dyersburg, Inc., v. Linda Ams
W2000-01569-WC-R3-CV
The employer-appellant contends the award of permanent partial disability benefits is excessive. As discussed below, the panel has concluded that the evidence preponderates against an award based on five times the undisputed medical impairment rating.
Authoring Judge: Loser, Sp. J.
Originating Judge:Lee Moore, Judge |
Dyer County | Workers Compensation Panel | 03/15/01 | |
| Chad Conatser v. Metro Ready Mix,
M2005-00814-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Tennessee Supreme Court in accordance with Tennessee Code Annotated section 5-6-225(e)(3), for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The Plaintiff alleged a cervical injury apparently owing to two separate events, including an injury sustained while exercising on the job, and another injury occurring when the truck he was driving ran into a hole and bounced him upward, jamming his neck. A number of medical physicians found no basis for his complaint. A chiropractic physician, by a range of motion study, opined that he retained a 26 percent impairment. The trial court found that the Plaintiff retained percent disability as a result of his work related injury on July 22, 2, and we affirm. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Chancery Court Affirmed WILLIAM H. INMAN, SR. J., in which CORNELIA A. CLARK, J., and ROBERT E. CORLEW III, SP. J., joined. Robert L. Huskey, Manchester, Tennessee, attorney for Appellant, Chad Conatser. Bree A. Taylor, Nashville, Tennessee, attorney for Appellee, Metro Ready Mix and Lumberman's Underwriting Alliance. MEMORANDUM OPINION This complaint was filed on March 15, 21, alleging that the Plaintiff sustained a compensable injury to his neck and cervical spine on or about April 1, 2 during the course and scope of his employment as a truck driver. It appears that the Plaintiff first injured his neck while doing on-the-job exercises at a gym provided by the Employer. The Plaintiff was not treated for any injuries occurring as a result of this incident. Testimony revealed that while driving a ready-mix concrete truck on July 22, 2, the Plaintiff ran into a depression which jolted him vertically, with his head striking the roof of the cab resulting in a cervical injury1 of a disputed nature. A supervisor took the Plaintiff to the emergency room immediately following this incident, where he was treated and released. About six weeks after the described incident occurred, the Plaintiff sought medical attention from Dr. Thomas O'Brien, an employer-approved orthopedic specialist2. Dr. O'Brien sent the Plaintiff to physical therapy and placed him on light duty from October 23, 2 until November 1, 2, when he was released at maximum medical improvement. Dr. O'Brien opined that the Plaintiff retained a percent permanent partial impairment rating. He saw Dr. O'Brien a total of three times, and asked to see a different physician. He then saw Dr. J. Keith Nichols, also an orthopedic specialist, on two occasions. Dr. Nichols treated the Plaintiff with injections and physical therapy, but declined to impose any work restrictions on him. Dr. Nichols released the Plaintiff on December 5, 2, noting subjective complaints with no objective findings of abnormality. He released the Plaintiff at maximum medical improvement, gave him a permanent partial impairment rating of percent, and testified that he could continue in his normal job activities. Both doctors indicated that the Plaintiff's neurological exams were normal, and that any problem he was having would resolve over time. The Plaintiff continued to drive a concrete redi-mix truck, and began to have "little accidents" as he described, like backing into a guy wire and into a tree because he was unable to turn his head, owing to stiffness in his neck. He was fired on August 1, 21, apparently due to his inability to continue to drive a concrete truck safely. The Plaintiff, of his own volition, then saw Dr. Jeffrey McKinley, a chiropractor, on February 28, 21. He performed a range of motion study on the Plaintiff, using the Fourth Edition of the Guidelines, because he did not have the Fifth Edition, which was then current.3 Dr. McKinley testified that the Plaintiff never mentioned the July 2 or July 21 injuries during the course of his treatment, that his opinion was based exclusively on the April 1, 2 incident, and has nothing to do with subsequent injuries. He admitted that had he known about the subsequent injuries, it would have "had an impact". He last saw the Plaintiff on September 13, 21. Dr. McKinley opined 1 The Plaintiff filed another complaint, docket 2-32, which is not in the record. We are able to deduce, however, that he alleged back injuries sustained in an accident which occurred in July 21, four months after the complaint was filed in the case at bar. The cases were consolidated for trial. Judgment was entered in docket 2-32, dismissing the complaint and holding that the Plaintiff was not newly injured, and suffered no aggravation of a pre- existing injury. The judgment was not appealed. In point of fact, the Plaintiff testified that he was not injured, and the record does not explain why the suit was filed. See, Tenn. R. Civil P. Rule 11. 2 Although the Plaintiff contends that he was not afforded the opportunity to choose from a panel of physicians, his signature appears on a page listing three authorized physicians from which to choose, including Dr. O'Brien. 3 Dr. McKinley later compared the Fourth and Fifth Editions, and concluded that there is no difference in the ratings assigned based upon the range of motion model between the two editions of the AM A guides. -2-
Authoring Judge: William H. Inman, Sr. J.
Originating Judge:Royce Taylor, Judge |
Coffee County | Workers Compensation Panel | 03/15/01 | |
| Billy J. Grooms v. State of Tennessee
E2000-00958-CCA-R3-PC
The petitioner, Billy J. Grooms, appeals the trial court's denial of a pro se petition to correct an illegal judgment/sentence. The trial court's order of dismissal is affirmed.
Authoring Judge: Presiding Judge Gary R Wade
Originating Judge:Judge Rex Henry Ogle |
Cocke County | Court of Criminal Appeals | 03/14/01 | |
| Earnest L. White v. State of Tennessee - Order
W2000-01908-CCA-R3-PC
The petitioner, Earnest L. White, appeals the order of the Shelby County Criminal Court summarily dismissing his habeas corpus/post-conviction petition without conducting an evidentiary hearing or appointing counsel. Though styled as a petition for habeas corpus relief, White asserts therein that ten of his 1984 convictions should be set aside because of constitutional infirmities in the process surrounding the entry of his guilty pleas for these offenses. As the issues raised provide no basis for habeas corpus relief but rather set out traditional post-conviction concerns, the trial court considered this pro se petition as one for post-conviction relief. However, the trial court thereafter found that the petition had been filed past the applicable statute of limitations and, therefore, dismissed the petition. After a review of the record before this Court, we find that the judgment of the trial court should be affirmed pursuant to Rule 20, Tennessee Court of Criminal Appeals.
Authoring Judge: Judge Jerry L. Smith
|
Shelby County | Court of Criminal Appeals | 03/14/01 | |
| LaKreasha Kimble v. State of Tennessee
W2000-00715-CCA-R3-PC
This is an appeal of a denial of post-conviction relief. The petitioner and two codefendants were each convicted of murder in the perpetration of robbery and of especially aggravated robbery for the robbery and killing of a man who had given them a ride in his car. The petitioner appealed her convictions to the post-conviction court, arguing, inter alia, that her counsel provided ineffective assistance by his failure to petition for a severance of trial from her codefendants. The post-conviction court denied relief, finding the petitioner's claims to be without merit. Based upon a thorough review, we affirm the post-conviction court's denial of relief.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge Joseph B. Dailey |
Shelby County | Court of Criminal Appeals | 03/14/01 | |
| State of Tennessee v. C. Curtis Brown
W1999-01933-CCA-R3-CD
The defendant, after having his authority to write bonds in the 30th Judicial District revoked, appeals the trial court's decision and asserts that there was insufficient evidence to support the trial court's findings. Furthermore, the defendant asserts that the trial court's action was excessive. After review, we affirm the trial court in all respects.
Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Bernie Weinman |
Shelby County | Court of Criminal Appeals | 03/14/01 | |
| State of Tennessee v. Sherman Shaw
W2000-00384-CCA-R3-CD
A Shelby County jury convicted the defendant of aggravated robbery. The trial court sentenced him to 15 years as a Range II multiple offender. In this appeal, the defendant alleges (1) the trial court erroneously admitted the defendant's custodial statement; (2) the evidence was insufficient to sustain the defendant's conviction; (3) the cumulative effect of the trial court's errors requires a new trial; and (4) the defendant's sentence is excessive. After a thorough review of the record, we affirm the judgment and sentence imposed by the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Carolyn Wade Blackett |
Shelby County | Court of Criminal Appeals | 03/14/01 | |
| State of Tennessee v. Richard Crawford
W2000-00335-CCA-R3-CD
Defendant, Richard Crawford, was convicted at a bench trial of theft of a motor vehicle valued over $10,000. On appeal, the defendant raises the following two issues for our review: (1) whether the evidence was sufficient to support his conviction for theft; and (2) whether the value of the vehicle was properly established. The judgment of the Shelby County Criminal Court is affirmed.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge W. Otis Higgs, Jr. |
Shelby County | Court of Criminal Appeals | 03/14/01 | |
| State of Tennessee v. Richard Crawford - Dissenting
W2000-00335-CCA-R3-CD
Our law provides: “A person charged with an offense has no burden to prove his innocence.” TENN.CODE ANN.§39-11-201(c). Because I am unable to disregard this most basic principle of law, I am also unable to affirm the judgment of conviction in this case.
Authoring Judge: Judge David G. Hayes
Originating Judge:Judge W. Otis Higgs, Jr. |
Shelby County | Court of Criminal Appeals | 03/14/01 | |
| State of Tennessee v. David Johnson
W1998-00687-CCA-R3-CD
The defendant appeals from his Shelby County Criminal Court conviction and sentence for second degree murder. The trial court sentenced the defendant to 37 years in the Department of Correction as a Range II multiple offender. In this direct appeal, the defendant complains that the evidence is insufficient; that double jeopardy barred his retrial following the grant of a mistrial; that Jencks Act material, police reports, and arrest histories of state witnesses were improperly withheld; that he was not allowed to impeach a key witness in violation of his confrontation rights; that the trial court erred in ruling that his prior convictions could be used to impeach him if he testified; that the jury was improperly instructed; and that his sentence is excessive. We are unpersuaded that reversible error occurred and therefore affirm the judgment and sentence of the trial court.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Judge Chris B. Craft |
Shelby County | Court of Criminal Appeals | 03/14/01 | |
| Curley Howse vs. Donal Campbell, et al
M1999-01580-COA-R3-CV
This is a pro se civil rights action brought by a prisoner challenging the conditions of his confinement and his treatment by employees of the Tennessee Department of Correction and the Northwest Correctional Center in Lake County. After the prisoner's suit was transferred from the Chancery Court for Davidson County to the Circuit Court for Davidson County, the various defendants filed separate motions to dismiss the case for improper venue. The trial court granted the motions and dismissed all the prisoner's claims. On this appeal, the prisoner asserts that his claims should not have been dismissed. We have determined that the prisoner has not properly perfected an appeal with regard to the dismissal of his claims against the Commissioner of Correction and three other employees and that the trial court correctly dismissed his claim against the medical director of the Northwest Correctional Center for improper venue. Accordingly, we affirm the dismissal of the prisoner's complaint.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Hamilton V. Gayden, Jr. |
Davidson County | Court of Appeals | 03/14/01 | |
| Betty J. Nash vs. G.L. Waynick
M2000-02096-COA-R3-CV
This appeal involves a dispute over the sale of a single family home in DeKalb County. The purchaser filed suit in the Circuit Court for DeKalb County alleging that the seller had violated the Tennessee Consumer Protection Act and the Tennessee Residential Property Disclosures Act. More than two years after the first two summonses were returned unserved, the purchaser caused a third summons to be issued that was served on the seller. The trial court entered a $27,000 default judgment against the seller on June 21, 2000, after concluding that the seller had been properly served and had presented no defenses to the purchaser's claims. On this appeal, the seller, who has been representing himself throughout these proceedings, asserts that he did not violate either the Tennessee Consumer Protection Act or the Tennessee Residential Property Disclosure Act and that the trial court erred by not considering his statute of limitations defense. We have determined that the purchaser's suit is time-barred for failure to comply with Tenn. R. Civ. P. 3. Therefore, we reverse the judgment and remand the case with directions that the purchaser's complaint be dismissed.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:John J. Maddux |
DeKalb County | Court of Appeals | 03/14/01 | |
| Daniel Taylor v. Donal Campbell, et al.
M2000-02843-COA-R3-CV
On July 3, 2000, Appellant filed his civil complaint based upon punishment imposed for a disciplinary infraction while a prisoner at Turney Center in Only, Tennessee. On July 18, 2000, the trial judge, sua sponte, dismissed the complaint, and this appeal followed. We affirm the trial court.
Authoring Judge: Judge William B. Cain
Originating Judge:Hamilton V. Gayden, Jr. |
Davidson County | Court of Appeals | 03/14/01 |
