| State of Tennessee v. Billy J. Coffelt
M1998-00337-CCA-R3-CD
The petitioner appeals the trial court's denial of his motion for delayed appeal regarding his petition for post-conviction relief. We remand the case to the trial court.
Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge Cheryl A. Blackburn |
Davidson County | Court of Criminal Appeals | 02/01/01 | |
| Evelyn Logue, v. Shelbyville Housing Authority, et al.
M1999-02555-COA-R3-CV
The controlling issues in this appeal are (1) whether under the terms of an employee policy manual the dismissed employee was something other than an employee at will, and (2) whether the action of the Board of the Shelbyville Housing Authority in upholding the dismissal was arbitrary or illegal or lacked material evidence to support it. The Chancery Court of Bedford County reviewed the record and found that the Board’s action was supported by substantial and material evidence and was not arbitrary nor illegal. We affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Chancellor Tyrus H. Cobb |
Bedford County | Court of Appeals | 02/01/01 | |
| Daniel Sherwood v. Microsoft
M2000-01850-COA-R9-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 01/31/01 | |
| Elizabeth Moxham vs. Eric Crafton, et a l
M2000-00803-COA-R3-CV
During the trial of a construction dispute, the parties reached a settlement in the hallway of the courthouse, and subsequently announced the terms of their agreement to the trial court. Before the agreed order was entered, however, the plaintiff attempted to withdraw her consent. The plaintiff argues on appeal that the trial court erred by signing and entering the agreed order, and by denying her motion to set it aside. We affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 01/31/01 | |
| Orion Pacific, Inc. vs. Exchange Plastics Company
M2000-02345-COA-R3-CV
The defendant Ohio company purchased truckloads of plastic from the Tennessee division of a Texas company. When the Ohio company refused to pay for all the plastic, the Texas company filed suit for the balance in a Tennessee court. The defendant argued that it did not have sufficient contact with Tennessee to subject it to personal jurisdiction in this state's courts. The trial court disagreed, and following a hearing, rendered a judgment for the plaintiff in the amount of $11,288. We affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Robert E. Corlew, III |
Rutherford County | Court of Appeals | 01/31/01 | |
| Daniel Sherwood v. Microsoft
M2000-01850-COA-R9-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 01/31/01 | |
| Sharon Glenn v. Gordon Construction, Inc., et al.
M2000-01805-COA-R3-CV
Plaintiff filed suit against construction company for negligent repair of tornado damage to her home. Parties submitted an Agreed Order of Compromise, Settlement, and Dismissal which was signed by the trial court and filed on the same day it was received. The construction company retained new counsel and filed a motion to set aside the order. Plaintiff sought contempt because the construction company refused to comply with the Agreed Order. Months later Plaintiff issued execution against construction company after failure to comply with the terms of the Agreed Order and garnished over $11,000 from its bank account. The trial court denied a motion to quash execution filed by the construction company. The construction company appeals arguing that the agreed order could not have been entered after one of the parties withdrew consent for the settlement. We affirm the decision of the trial court.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 01/31/01 | |
| Katrinka Stalsworth, et al vs. Robert Grummon
M2000-02352-COA-R3-CV
This appeal involves the dismissal of a patient's medical malpractice complaint pursuant to Tenn. R. Civ. P. 41.02. After the patient voluntarily dismissed her first complaint following opening arguments, the Circuit Court for Sumner County ordered her to pay her surgeon $3,023.85 in discretionary costs. The patient did not pay the discretionary costs she had previously been ordered to pay. After the patient refiled her complaint, the trial court stayed the proceedings on the surgeon's motion and later dismissed the patient's complaint for failure to prosecute and for failure to comply with the court's order directing her to pay the surgeon's discretionary costs. On this appeal, the patient asserts that the trial court erred by dismissing her renewed complaint. We affirm the trial court because the patient had ample warning that her claim was subject to dismissal and had been afforded a reasonable opportunity to comply with the trial court's order directing her to pay the surgeon's discretionary costs.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Arthur E. Mcclellan |
Sumner County | Court of Appeals | 01/31/01 | |
| Michael Ray Brenneman vs. Margaret Ann Redd Brenneman
M2000-00890-COA-R3-CV
This appeal involves the dissolution of a 31-year marriage by the Circuit Court for Wilson County. Following a bench trial, the trial court declared the parties divorced and divided their marital property but declined to award the wife spousal support. On this appeal, the wife asserts that the trial court erred by declining to grant her spousal support. We have determined that the trial court placed too much emphasis on the value of the wife's share of the marital estate when it declined to grant her spousal support. Accordingly, we have determined that the judgment should be amended to award the wife spousal support in the amount of $200 per month until she reaches sixty-five years of age. We also remand the case to the trial court to calculate a reasonable award for the wife's legal expenses.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Clara W. Byrd |
Wilson County | Court of Appeals | 01/31/01 | |
| Walter Cunningham/David Cunningham vs. John Patterson
W2000-01486-COA-R3-CV
This is a tort case involving trespass, assault and battery. The plaintiffs, father and son, sued the defendant, the son's neighbor, after an altercation between the father and the neighbor. Following a bench trial, the trial court found, by a preponderance of the evidence, that the defendant committed trespass against the son, and assault and battery against the father, and the trial court awarded compensatory and punitive damages. The defendant neighbor appeals. We affirmed in part, reverse in part and modify, finding that there is not clear and convincing evidence to support an award of punitive damages, and that the evidence preponderates in favor of a reduced amount of compensatory damages.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Robert L. Childers |
Shelby County | Court of Appeals | 01/31/01 | |
| State of Tennessee v. Robert Ervin
W2000-01035-CCA-R3-CD
Robert Ervin, also known as Muhammad Jabbar, was convicted of attempted second degree murder and sentenced to twenty-five years in the Tennessee Department of Correction. On appeal, Ervin raises one issue for our review: Whether the evidence produced at trial was sufficient to support the verdict. After review, we find the evidence sufficient and affirm the judgment.
Authoring Judge: Judge David G. Hayes
Originating Judge:Judge Jon Kerry Blackwood |
Lauderdale County | Court of Criminal Appeals | 01/31/01 | |
| Kristen Bridges vs. Carla King
W2000-01919-COA-R3-CV
Paternity of minor child was established by a juvenile court consent order entered November 26, 1991, and custody of the child was awarded to Mother. In January, 2000, Father filed a petition to change custody on the basis of change of circumstances and the best interest of the child which was granted by the juvenile court referee. The referee's findings and recommendations were confirmed and made the decree of the court on May 25, 2000. Subsequently, on Mother's petition, an evidentiary hearing was held before the juvenile judge, and on July 6, 2000, after the evidentiary hearing, an order was entered reconfirming the referee's ruling of May 25, 2000. Mother has appealed. We reverse.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:George E. Blancett |
Shelby County | Court of Appeals | 01/31/01 | |
| State vs. Ewing
W2000-01190-COA-R3-PC
This is an appeal by a juvenile from an order of the circuit court granting the State's motion to dismiss her petition for post-commitment relief. The grounds stated in the petition are that she was given an illegal sentence when the juvenile court, having found her delinquent in that she committed "theft under $500.00, violation of aftercare," imposed a determinate sentence of 2 years. We reverse and remand.
Authoring Judge: Judge David R. Farmer
Originating Judge:Roy Morgan |
Madison County | Court of Appeals | 01/31/01 | |
| William Paul Bogus v. State of Tennessee
W2000-00348-CCA-R3-PC
The petitioner appeals from the Dyer County Circuit Court's dismissal of his petition for post-conviction relief. In 1994, the petitioner was tried and convicted of first degree murder in the perpetration of a felony and aggravated burglary. His convictions were affirmed, after which he timely filed a petition seeking post-conviction relief, claiming ineffective assistance of trial and appellate counsel, juror misconduct because an alternate juror had lied during voir dire about not knowing the petitioner, insufficient evidence to support the felony-murder conviction, and suppression of exculpatory evidence. After an evidentiary hearing, the post-conviction court denied relief. We affirm the post-conviction court's denial of the petitioner's request for post-conviction relief.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Judge J. Steven Stafford |
Dyer County | Court of Criminal Appeals | 01/31/01 | |
| State of Tennessee v. Sammy Goff
W1999-01976-CCA-R3-CD
The defendant, after being convicted by a jury of first degree murder and sentenced to life without the possibility of parole, appeals his conviction and asserts that the trial court erred in three respects: (1) the trial court incorrectly allowed testimony from three witnesses attacking the defendant's reputation for truthfulness; (2) the trial court erred in allowing the State to question the defendant about a prior felony conviction; and (3) the trial court erred in allowing testimony about a prior statement made by the defendant. After review, we affirm the trial court's rulings in all respects.
Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Roger A. Page |
Chester County | Court of Criminal Appeals | 01/31/01 | |
| State of Tennessee v. Keith T. Dupree
W1999-01019-CCA-R3-CD
This is an appeal from defendant's conviction for second degree murder for which he received a sentence of twenty-three years and six months. In this appeal, defendant presents two issues for our review: (1) whether the evidence is sufficient to support the verdict; and (2) whether the trial court erred in defining the mental state of "knowing" for the offense of second degree murder. We conclude the evidence was sufficient to support the verdict; however, we conclude the jury charge constituted plain error by failing to instruct on the applicable definition of "knowing." Accordingly, the judgment of the trial court is reversed, and the case is remanded for a new trial.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Chris B. Craft |
Shelby County | Court of Criminal Appeals | 01/30/01 | |
| State of Tennessee v. Courtney Anderson
W2000-00244-CCA-R3-CD
The defendant was convicted by a Shelby County jury of theft of property valued greater than $10,000 and forgery. The trial court sentenced him to consecutive sentences of 15 years for theft as a persistent offender and six years for forgery as a career offender. In this appeal as a matter of right, defendant alleges (1) the evidence is not sufficient to support the convictions, and (2) his sentence is excessive. After a thorough review of the record, we affirm the judgment of the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Joseph B. Dailey |
Shelby County | Court of Criminal Appeals | 01/30/01 | |
| State of Tennessee v. Robert D. Walsh
W1999-01473-CCA-R3-CD
The defendant, Robert D. Walsh, was convicted after a jury trial in the Shelby County Criminal court of the aggravated sexual battery of a foster child who was in his care. He appeals this conviction, alleging various errors in evidentiary admissions, impermissible comment on the evidence by the trial court, and improper sentencing. We modify the defendant's sentence to Range I classification and remand for correction of a clerical error in the judgment form. Otherwise, the judgment of the trial court is affirmed.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Judge W. Fred Axley |
Shelby County | Court of Criminal Appeals | 01/30/01 | |
| State of Tennessee v. Reco R. Douglas
W2000-00085-CCA-R3-CD
The defendant's conviction for first degree murder during perpetration of robbery was reversed by this court in 1998. The defendant was subsequently retried, again convicted of first degree murder during the perpetration of a robbery, and sentenced to life imprisonment. This appeal followed, whereby the defendant alleges the evidence is insufficient to sustain his conviction, and the trial court erroneously admitted the audio recording and transcript of the victim's phone call to 911. After a thorough review of the record, we affirm the defendant's conviction and sentence.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge W. Fred Axley |
Shelby County | Court of Criminal Appeals | 01/30/01 | |
| In the Matter of: All Assessments, Review of Ad Valorem Assessments of Public Utility Companies for Tax Year 1999 and Tax Year 2000
M2000-00399-COA-R12-CV
In these consolidated cases, a consortium of counties and cities appeals the actions of the Tennessee State Board of Equalization in reducing public utility assessments by fifteen per cent. Acknowledging that all sub-constitutional issues involved in the cases have been foreclosed by the decision of the Tennessee Supreme Court in In Re: All Assessments 1998, No. M1998-00243-SC-R11-CV, 2000 WL 1710174 (Tenn. Nov. 16, 2000), Appellants challenge the constitutionality of Tennessee Code Annotated section 67-5-903(f) and section 67-5-1302(b)(1). We hold both sections of the Code to be constitutional and affirm the decision of the Tennessee State Board of Equalization.
Authoring Judge: Judge William B. Cain
|
Court of Appeals | 01/30/01 | ||
| Steven H. Rezba vs. Brian W. Randolph
M2000-01973-COA-R3-CV
Dr. Steven H. Rezba purchased the dental practice of Dr. Brian W. Randolph in April of 1996, paying some cash down and giving a promissory note for the balance. Dr. Rezba filed this action to rescind the contract claiming that Dr. Randolph had inflated his revenues by fraudulent practices, and Dr. Randolph counterclaimed for damages for breach of the contract. The Chancery Court of Williamson County denied Dr. Rezba's motion to amend to include a claim for damages and granted summary judgment to Dr. Randolph on all issues. We affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Jeffrey S. Bivins |
Williamson County | Court of Appeals | 01/30/01 | |
| Marcia Hackett vs. Roy Hackett
M1999-01576-COA-R3-CV
This is a divorce case wherein Wife appeals from the distribution of marital property and seeks attorney's fees and costs on appeal. We affirm the action of the trial judge.
Authoring Judge: Judge William B. Cain
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 01/30/01 | |
| AT & T v. Ruth Johnson
M2000-01407-COA-R3-CV
This case involves (1) the issue of the liability of AT&T for sales and use taxes assessed by the Commissioner for the years 1990 through 1994, and (2) the issue of whether the Chancery Court had subject matter jurisdiction to adjudicate a claim for refund of taxes where the taxpayer failed to file a formal claim for each of the years, 1993 excepted, "under oath and supported by proper proof." AT&T sold telephone central office equipment and provided engineering services to BellSouth and insisted that these sales and services were industrial machinery and therefore exempt from sales and use taxes.
Authoring Judge: Per Curiam
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 01/30/01 | |
| County Residents Against Speedway Havoc, et al vs. Wilson County Commission, et al
M2000-01561-COA-R3-CV
Opponents of a proposed motor speedway in Wilson County filed a petition which challenged on numerous grounds the zoning change that made construction of the speedway possible. The trial court dismissed the complaint, finding that the county government had acted in accordance with the applicable laws. We affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:C. K. Smith |
Wilson County | Court of Appeals | 01/30/01 | |
| Emmanuel Churches of Christ, et al vs. Frances Foster, et al
M2000-00812-COA-R3-CV
This is a dispute between a separating local church and the national organization over the church property in Smithville. The dispute involves the interpretation of two deeds, one in 1940 and another in 1943. The Chancery Court of DeKalb County held that the majority of the property belonged to the local congregation. Against the national church's arguments that the chancellor's order violated the separation of church and state and was contrary to the law and the facts, we affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:John A. Turnbull |
DeKalb County | Court of Appeals | 01/30/01 |
