| Rhonda Moffitt vs. Paul Moffitt
W1999-02403-COA-R3-CV
In this divorce case, Husband appeals the trial court's final decree as it deals with the division of marital property, the division of marital debt (including crediting Wife for monies spent prior to the sale of the marital home), and child support arrearages. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Joe C. Morris |
Henderson County | Court of Appeals | 09/18/00 | |
| Sam Simpson vs. Addie Davis
W1999-00689-COA-R3-CV
This appeal arises from a breach of fiduciary duty and unjust enrichment action initiated by Sam Simpson against Addie Davis. Simpson alleged Davis breached her duty as trustee of her deceased mother's estate and was unjustly enriched by Simpson's construction of a residence on Davis' property. The trial court held that although Davis did not breach a fiduciary duty, she was unjustly enriched. The court ordered the sale of both the property and residence with proceeds to be allocated between the parties. Davis appeals.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Martha B. Brasfield |
Fayette County | Court of Appeals | 09/15/00 | |
| Michelle Baker Pisano v. Gerry Baker
W1999-02660-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:William Michael Maloan |
Weakley County | Court of Appeals | 09/15/00 | |
| Frank Mills vs. Luis Wong
W1999-00665-COA-R9-CV
This appeal presents a dispute over proper venue arising out of a medical malpractice suit against multiple defendants. The Shelby County Circuit Court denied the Defendant's motion to dismiss for improper venue. The case is before this court on an interlocutory appeal.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Robert A. Lanier |
Shelby County | Court of Appeals | 09/15/00 | |
| State vs. Justin Victory
M2000-00015-CCA-R3-CD
The defendant, Justin Victory, entered a plea of guilty to the offense of aggravated burglary before the Davidson County Criminal Court. Pursuant to the plea agreement, the defendant was to receive a sentence of four (4) years, with the manner of service to be determined by the trial court. Following a sentencing hearing, the trial court denied the defendant's request for an alternative sentence and ordered the defendant to serve the sentence in the Davidson County CCA. Also, the trial court advised the defendant that upon completion of the Life Lines Substance Abuse Program, the trial court would suspend the balance of the sentence and determine proper restitution. In this appeal of right, the defendant complains that the trial court erred in denying him supervised probation. After a review of the record, the briefs of parties and applicable law, we modify the manner of the service of the defendant's sentence to 214 days incarceration with the remainder served on supervised probation.
Authoring Judge: Sr. Judge L. Terry Lafferty
Originating Judge:Steve R. Dozier |
Davidson County | Court of Criminal Appeals | 09/15/00 | |
| State of Tennessee v. Russell E. Mills
II-199-28-A
Originating Judge:Timothy L. Easter |
Williamson County | Court of Criminal Appeals | 09/15/00 | |
| State vs. Barry Waters Rogers
M1999-01358-CCA-R3-CD
The defendant, Barry Waters Rogers, was indicted for arson, conspiracy to commit arson, and vandalism. The jury acquitted the defendant on the charge of conspiracy to commit arson but, on the arson charge, returned a guilty verdict on the lesser included offense of facilitation of arson. Although the jury also returned a guilty verdict for facilitation of vandalism, the trial court later set that aside. The trial court imposed a Range I sentence of three and one-half years in the Department of Correction, with probation to be granted after the first year of service. In this appeal of right, the defendant challenges the sufficiency of the evidence and complains that he was improperly sentenced. We find no error and affirm the judgment of the trial court.
Authoring Judge: Judge Gary R Wade
Originating Judge:Robert L. Jones |
Giles County | Court of Criminal Appeals | 09/15/00 | |
| State vs. Larry E. Scales
M1998-00142-CCA-R3-CD
The defendant, Larry E. Scales, appeals his conviction of theft over $500 and his six-year sentence as a career offender. Because the trial court erroneously instructed the jury on the possible range of punishment, the judgment is reversed and the defendant is granted a new trial.
Authoring Judge: Judge Gary R Wade
Originating Judge:Charles D. Haston, Sr. |
Warren County | Court of Criminal Appeals | 09/15/00 | |
| State vs. Robert C. Copas
M1999-00841-CCA-R3-CD
The defendant, Robert C. Copas, was indicted by a Sumner County Grand Jury for one count of aggravated rape. After discovering that the recording of the defendant's preliminary hearing was inaudible, the defendant moved to dismiss the indictment and remand for a new preliminary hearing pursuant to rule 5.1 of the Rules of Criminal Procedure. Following a hearing, the trial court did not dismiss the indictment, but remanded for a new preliminary hearing. The state then moved to dismiss the indictment, arguing that case law requires dismissal of the indictment under these circumstances. The court agreed and dismissed the indictment but the state then brought this appeal. Because the trial court's dismissal of the indictment and remand for a new preliminary hearing was an appropriate remedy for a violation of the Tenn. R. Crim. P. 5.1 (a) the judgment of the trial court is affirmed.
Authoring Judge: Judge Jerry Smith
Originating Judge:Jane W. Wheatcraft |
Sumner County | Court of Criminal Appeals | 09/15/00 | |
| State vs. Jerry D. Carney
M1999-01139-CCA-R3-CD
The appellant, Jerry D. Carney, appeals his conviction by a jury in the Davidson County Criminal Court of first degree murder. Pursuant to his conviction for first degree murder, the trial court sentenced the appellant to life in prison in the Tennessee Department of Correction, with the possibility of parole. The appellant raises the following issues for our review: (1) whether there was sufficient evidence of premeditation to support his conviction of first degree murder; (2) whether the State violated Brady by failing to disclose audio taped statements made by the police of witnesses the day after the shooting; and (3) whether the trial court erred in precluding the appellant's cross-examination of the police officers who were testifying at trial about their training regarding self-defense and the application of deadly force. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Cheryl A. Blackburn |
Davidson County | Court of Criminal Appeals | 09/15/00 | |
| State of Tennessee v. Larry E. Scales
1998-00142-CCA-R3-CD
Originating Judge:Charles D. Haston, Sr. |
Warren County | Court of Criminal Appeals | 09/15/00 | |
| State of Tennessee v. Marcus Askew
98-07544-45-46
Originating Judge:Joseph B. Dailey |
Shelby County | Court of Criminal Appeals | 09/14/00 | |
| State vs. Matthew Leonard & Bernie Evans
E1999-02724-CCA-R3-CD
The appellants, Matthew W. Leonard and Bernie J. Evans, each pled guilty in the Criminal Court for Washington County to three counts of kidnapping, a class C felony, three counts of aggravated assault, a class C felony, one count of escape, a class E felony, and one count of theft over $10,000, a class C felony. The appellants requested that the trial court grant them full probation. After a probation hearing, the trial court denied the appellants' request. The appellants present the following issue for our review: whether the trial court erred in denying the appellants full probation. After a review of the record and the parties' briefs, we affirm the judgment of the trial court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Lynn W. Brown |
Washington County | Court of Criminal Appeals | 09/14/00 | |
| State vs. James Starnes
W1999-01854-CCA-R3-PC
The petitioner appeals from a denial of post-conviction relief, claiming his trial counsel rendered ineffective assistance. We conclude the record is insufficient for proper appellate review. Thus, we remand to the trial court for an additional hearing.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Julian P. Guinn |
Henry County | Court of Criminal Appeals | 09/14/00 | |
| Nancy Bloom vs. Douglas Bloom
W1998-00365-COA-R3-CV
This is a divorce case. The parties were married for eighteen years and had a fifteen year old son. The wife was granted the divorce. The wife was awarded, inter alia, the marital home and the equity in it, 60% of the value of various financial assets, her automobile, and various household furnishings. Custody of the parties' son was awarded to the wife, and the husband was granted supervised visitation. The husband was ordered to pay child support. The wife was awarded 60 months of rehabilitative alimony, with the rate of rehabilitative alimony to increase when the husband's child support obligation ends. The wife's request for attorney's fees was denied. The husband appeals the division of the marital property and the amount of rehabilitative alimony awarded. The wife appeals the denial of her request for attorney's fees. We affirm, finding that the preponderance of the evidence supports the trial court's division of the marital property, the award of alimony, and the denial of the wife's request for attorney's fees.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Kay S. Robilio |
Shelby County | Court of Appeals | 09/14/00 | |
| State vs. Retha Smith
W1999-00607-CCA-R3-CD
The defendant appeals her jury conviction and sentence for possession of a Schedule II controlled substance with the intent to manufacture, sell or deliver. She received a sentence of three years with one year to be served in confinement and the remainder to be served on community corrections. The defendant raises the following issues for review: (1) whether the evidence is insufficient to sustain her conviction; (2) whether the prosecuting attorney made improper remarks during his closing argument; and (3) whether her sentence is excessive. Upon a review of the record, we affirm the judgment of the trial court but remand for the assessment of the fine.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Julian P. Guinn |
Henry County | Court of Criminal Appeals | 09/14/00 | |
| State vs. Donaven Brown
W1999-00629-CCA-R3-CD
The defendant and the victim were both maximum security inmates at the Corrections Corporation of America facility in Clifton, Tennessee. After the victim, his hands and feet restrained, had been released from his cell to use a telephone, the defendant asked to be released from his cell take a shower. After his hands, but not his feet had been restrained, he pushed a correctional officer aside and ran from his cell, confronting the victim near the telephones. "Bad blood" had existed between the victim and the defendant, both of whom had armed themselves that day with shanks, or homemade prison knives. The victim received six knife stab wounds, two of which were potentially fatal. The defendant was then charged with first degree murder and felony possession of a weapon in a penal institution and, following his convictions of both offenses, sentenced to life without parole and three years, respectively, the sentences to be served concurrently. He timely appealed, presenting as issues whether the trial court erred in allowing proof that he had asserted his right to remain silent and requested an attorney and whether the evidence was sufficient to sustain the conviction for first degree murder. Based upon our review, we affirm the judgment of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Joseph H. Walker, III |
Tipton County | Court of Criminal Appeals | 09/14/00 | |
| Edgar/Mary Mulrooney vs. Town of Collierville
W1999-01474-COA-R3-CV
This appeal arises from a quo warranto action filed by the Mulrooneys ("Property Owners") on behalf of residents of subdivisions annexed by Collierville ("Town"). Property Owners claimed that Town did not meet the statutory requirements needed to annex the subdivisions. The jury returned a verdict on behalf of Town, finding that the annexation was proper. Thereafter, Property Owners filed a motion for new trial which was denied by the court. Property Owners appeal.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Walter L. Evans |
Shelby County | Court of Appeals | 09/14/00 | |
| Steven Porreca v. Chili's Inc., & Liberty Mutual
E1999-00961-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The plaintiff was burned while working for the defendant restaurant. The defendant did not dispute that the plaintiff suffered a compensable injury but did argue the award of fifty percent permanent partial disability was excessive and also contended the trial court should have allowed an offset for overpayment of approximately two weeks of temporary total disability. We affirm.
Authoring Judge: John K. Byers, Sr. J.
Originating Judge:Hon. Howell N. Peoples, Chancellor |
Knox County | Workers Compensation Panel | 09/14/00 | |
| Smith v. Safety Kleen Corporation
E1999-01123-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. The plaintiff, Everett Alan Smith, filed various motions in this case, all of which were denied by the trial court. The plaintiff appeals from the trial court's: (1) refusal to award temporary total benefits from the date of injury until time of medical improvement rating by physician or from the date of injury until trial; (2) denial of a lump sum payment of attorney fees because the request was in the form of a motion rather than in the form of a petition; (3) denial of motion requiring the defendant to pay for medication and authorized physician benefits because the plaintiff sought these by motion rather than by petition. The plaintiff also raises the issue of whether the trial court erred in refusing to pay certain pharmacy charges. We affirm the judgment of the trial court in part, reverse the judgment in part, and remand the case to the trial court for further proceedings.
Authoring Judge: Byers, Sr. J.
Originating Judge:Howell N. Peoples, Chancellor |
Smith County | Workers Compensation Panel | 09/14/00 | |
| Fillmore vs. Fillmore
M1999-00714-COA-R3-CV
This appeal arises from a dispute between Appellant Stephen Douglas Fillmore and Appellee Karen Leigh (Anderson) Fillmore regarding the terms of their divorce. The court issued a Final Decree of Divorce, divided the parties' marital property and debts, and awarded Ms. Anderson alimony in solido. In addition, the court awarded custody of the one minor child to Ms. Anderson and set a child support amount based on the appropriate guidelines. On appeal, Mr. Fillmore argues that the trial court erred in its valuation of certain marital property, improperly awarded alimony in solido, and failed to include as a marital debt a pre-marital debt of Mr. Fillmore. In addition, Mr. Fillmore argues that the trial court improperly calculated his child support obligation based on his current income. We affirm the ruling of the trial court.
Authoring Judge: Judge David R. Farmer
Originating Judge:Carol A. Catalano |
Robertson County | Court of Appeals | 09/14/00 | |
| American Cable Corp. vs. ACI Management, Inc., et al
M1997-00280-COA-R3-CV
This appeal involves a legal dispute arising out of a contract to install television cable in Alabama and Mississippi. After the corporation that installed the cable did not receive full payment for its work, it filed suit in the Chancery Court for Davidson County Tennessee against the corporation and partnership that hired it and the president of the defendant corporation. The trial court granted a summary judgment dismissing the claims against the defendant corporation's president, and the installer took a default judgment against the corporation for $1,059,743. On this appeal, the installer takes issue with the summary judgment dismissing its claims against the defendant corporation's president. We have determined that the trial court properly granted the summary judgment because the installer failed to demonstrate that it will be able to prove all the essential elements of its tort claims against the defendant corporation's president.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 09/14/00 | |
| Henderson vs. Henderson
M1999-00912-COA-R3-CV
This appeal involves a dispute over the Trial Court's valuation and division of marital property in this divorce action. Mrs. Henderson contends that the Trial Court undervalued the marital business, Quality Systems, Inc. Additionally, Mrs. Henderson asserts the Trial Court erred in dividing the marital assets and liabilities, denying alimony and attorney's fees and in ordering her to refund alimony pendente lite payments. We affirm the Trial Court's order, except for the denial of alimony. We vacate the Trial Court's determination on the issue of alimony and remand for a determination of the proper type and amount of alimony to be awarded to Mrs. Henderson.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Donald P. Harris |
Williamson County | Court of Appeals | 09/14/00 | |
| Blaylock vs. Nash
M1999-00568-COA-R3-CV
This negligence action arises out of a collision between a cow and a car driven by the plaintiff. The trial court granted summary judgment to the defendant, the alleged owner and operator of a stockyard from which the cow supposedly escaped. We affirm the trial court's decision finding that the plaintiff presented no evidence that the defendant breached his duty of care. However, we do not find that the plaintiff's appeal of the trial court's decision was frivolous.
Authoring Judge: Judge William B. Cain
Originating Judge:John A. Turnbull |
Putnam County | Court of Appeals | 09/14/00 | |
| Holley vs. Haehl
M1999-02105-COA-R3-CV
Landowner sued adjoining landowner and timber cutter in general sessions court for trespass and the cutting of timber on her land. From an adverse judgment, landowner appealed to the circuit court. After a trial de novo, the trial court held that adjoining landowner owned the land involved by adverse possession and entered judgment for defendants. Landowner has appealed.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Jim T. Hamilton |
Giles County | Court of Appeals | 09/14/00 |
