| State et al vs. Brown & Williamson Tobacco Corp. et al vs. Gregory Bennett Perry and Steve Lloyd Champion, et al
M1999-00455-SC-R11-CV
Originating Judge:Carol L. Mccoy |
Davidson County | Supreme Court | 04/19/00 | |
| State of Tennessee v. Michael Q. Ray
E1999-00208-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:James B. Scott, Jr. |
Anderson County | Court of Criminal Appeals | 04/19/00 | |
| Ann Marie Rutherford Keck, vs. Richard Len Keck
E1999-00371-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Jean A. Stanley |
Washington County | Court of Appeals | 04/18/00 | |
| Martha Langschmidt vs. Carl Langschmidt
W1999-00434-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Russell Lee Moore, Jr. |
Shelby County | Court of Appeals | 04/18/00 | |
| Michael Smith vs. Steve Futris vs. Richard Feltus
W1998-00181-COA-R3-CV
This is a contract dispute. The plaintiffs entered into a contract to buy the defendants' office condominium and equipment. The contract provided that the defendants would execute a note for the balance of the purchase price, payable in monthly installments over a twenty year term. The contract had no express provision on the right of prepayment. The promissory note expressly granted the plaintiffs the right of prepayment. Five years later, the plaintiffs attempted to prepay the note. The defendants refused the plaintiffs' offer, saying that the plaintiffs had no right of prepayment. The plaintiffs then ceased making any payments on the note. The plaintiffs later filed a lawsuit seeking, inter alia, a declaratory judgment that they had the right of prepayment. The defendants filed a counterclaim seeking reformation of the note and the deed of trust. The defendants also filed a third party claim for damages against the plaintiffs' attorney, who had prepared the closing documents, including the note. The defendants alleged that the attorney had breached his duty of due care to them by putting a right of prepayment in the note. The trial court found that the plaintiffs had the right to prepay and that the plaintiffs had made an effective tender of payment to the defendants. The trial court dismissed the defendants' third party claim against the attorney, finding that he had not represented the defendants and owed no duty of care to them. The defendants appeal. We affirm in part and reverse in part, finding, inter alia, that the promissory note gave the plaintiffs the right of prepayment, and also finding that the plaintiffs have not made an effective tender of payment.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Floyd Peete, Jr. |
Shelby County | Court of Appeals | 04/18/00 | |
| Martha Langschmidt vs. Carl Langschmidt
W1999-00434-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Russell Lee Moore, Jr. |
Shelby County | Court of Appeals | 04/18/00 | |
| B&G Construction vs. Polk, et al
M1999-00677-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Originating Judge:Barbara N. Haynes |
Davidson County | Court of Appeals | 04/18/00 | |
| Ray vs. State
M1999-00237-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Frank G. Clement, Jr. |
Davidson County | Court of Appeals | 04/18/00 | |
| State vs. Andrew Charles Helton
M1999-01405-CCA-R3-CD
The Defendant, Andrew Charles Helton, was indicted, along with co-defendants Shirley Crowell and Shayne Cochran, for two counts of premeditated murder and two counts of felony murder for the shooting deaths of Robert Cole and Michael Chatman. After the trial court granted a motion for a judgment of acquittal on the felony murder charges, the Defendant was convicted by a jury of first degree murder for the death of Robert Cole and of second degree murder for the death of Michael Chatman. The Defendant was sentenced to mandatory life imprisonment for the first degree murder conviction and to twenty-three years imprisonment for the second degree murder conviction. The Defendant now appeals and argues that the evidence presented at trial was insufficient to sustain his convictions. The Defendant also contends that the trial court erred in admitting certain crime scene and autopsy photographs into evidence. After a thorough review of the record and applicable law, we find no merit to the Defendant's contentions and thus affirm his convictions.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Seth W. Norman |
Davidson County | Court of Criminal Appeals | 04/18/00 | |
| State vs. Harold Wayne Shaw
M1999-01119-CCA-R3-CD
The defendant, Harold Wayne Shaw, was convicted by a Davidson County jury of second-degree murder and aggravated kidnapping in 1996. The trial court sentenced the defendant as a Range II offender to serve eighteen (18) years for the aggravated kidnapping and thirty-five (35) years for the second-degree murder, both sentences to be served consecutively. Following the defendant's direct appeal, this Court affirmed the defendant's conviction but remanded the case to the trial court for resentencing because the trial court mistakenly sentenced the defendant as a Range II, persistent offender, misapplied two statutory enhancement factors, and failed to make findings of fact and conclusions of law sufficient to support the imposition of consecutive sentences. The trial court then resentenced the defendant as a Range I, standard offender to serve ten (10) years for the aggravated kidnapping and twenty-two (22) years for the second-degree murder. The court again ordered the sentences to be served consecutively. On appeal, this Court finds (1) that the length of the defendant's sentence is appropriate, and (2) that although the record does not support the trial court's finding that the defendant is a professional criminal, the trial court was correct in finding that the defendant has an extensive criminal history; thus consecutive sentences are also appropriate. The judgment of the trial court is therefore affirmed.
Authoring Judge: Judge Jerry Smith
Originating Judge:Seth W. Norman |
Davidson County | Court of Criminal Appeals | 04/18/00 | |
| Cherry vs. Williams
M1997-00216-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Barbara N. Haynes |
Davidson County | Court of Appeals | 04/17/00 | |
| Lusk vs. Englett
M1999-00294-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Donald P. Harris |
Lewis County | Court of Appeals | 04/17/00 | |
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Supreme Court | 04/17/00 | ||
| State vs. Carter
W1997-00248-SC-R11-CD
Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:Jon Kerry Blackwood |
McNairy County | Supreme Court | 04/17/00 | |
| Stephen Comella vs. City of Memphis
W1999-00347-COA-R3-CV
This is a personal injury case involving the on-the-job injury of a police officer working for the City of Memphis. The city admitted liability. After a bench trial on the issue of damages, the trial court awarded the plaintiff a judgment of $25,000. The plaintiff appeals, arguing that the trial court erred by treating this as a worker's compensation case rather than a negligence case. Plaintiff also argues that the trial court erred by not granting his request for discretionary costs to pay for expert witness fees. We affirm, finding that the evidence supports the trial court's award and that there was no abuse of discretion in declining to order the city to pay the plaintiff's expert witness fees.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Kay Spalding Robilio |
Shelby County | Court of Appeals | 04/17/00 | |
| Joseph Patton vs. Michael Kruszewski
W1998-00133-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Walter L. Evans |
Shelby County | Court of Appeals | 04/14/00 | |
| State vs. Victoria S. Galindo
M1999-00768-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Originating Judge:Timothy L. Easter |
Williamson County | Court of Criminal Appeals | 04/14/00 | |
| State vs. Darrell Dodson
M1998-00067-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Originating Judge:Leon C. Burns, Jr. |
White County | Court of Criminal Appeals | 04/14/00 | |
| State vs. Robert Allen Leggett
M1999-01066-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Originating Judge:Cheryl A. Blackburn |
Davidson County | Court of Criminal Appeals | 04/14/00 | |
| State vs. Frederick James Brush
M1999-00622-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Originating Judge:Robert E. Burch |
Stewart County | Court of Criminal Appeals | 04/14/00 | |
| State vs. Alton Darnell Young
M1999-01166-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Seth W. Norman |
Davidson County | Court of Criminal Appeals | 04/14/00 | |
| Brenda Reese vs. Rickie Reese
M1999-02429-COA-R3-CV
The defendant, an incarcerated felon, appeals the action of the Chancellor in granting a divorce to his wife and settling all property rights between the parties. We affirm the judgment of the Chancellor
Authoring Judge: Judge William B. Cain
Originating Judge:Tyrus H. Cobb |
Bedford County | Court of Appeals | 04/13/00 | |
| Marilyn E. Reel vs. George C. Reel, Jr.
M1999-01151-COA-R3-CV
This is a divorce case ending a twenty-seven year marriage. The trial court made an essentially equal division of property, awarding Wife the marital residence which remained unfinished even though the parties had occupied it since 1985. We modify the property division to provide Wife additional funds with which to complete and repair the residence.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:James T. Hamilton |
Maury County | Court of Appeals | 04/13/00 | |
| Old Republic Surety Co. v. Morris Eshaghpour
M1999-01918-COA-R3-CV
The defendant purchased a building permit bond from the plaintiff surety company and executed an indemnity agreement to hold the surety harmless against all loss, liability and expenses the company might sustain on the bond. A claim was made against the bond regarding a home built by the defendant. The surety company notified the defendant, investigated the claim, and eventually settled with the claimant. In this lawsuit to collect under the indemnity agreement, the trial court granted summary judgment to the surety. The defendant argues that summary judgment was inappropriate because the motion was not properly supported according to the Rules of Civil Procedure and, alternatively, the issue of whether the surety acted reasonably and in good faith in settling the claim precludes summary judgment. We disagree and affirm the summary judgment on the issue of liability, but remand for proof on total damages.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 04/13/00 | |
| Barbara Vargo v. Lincoln Brass Works
M1999-00734-COA-R3-CV
This appeal involves a dispute between an employee and her former employer over severance pay. After the employee obtained a $13,750 judgment in the Metropolitan General Sessions Court of Davidson County, the employer perfected a de novo appeal to the Circuit Court for Davidson County. Following a bench trial, the trial court concluded that the employee had a vested right to severance pay under the employer's severance policy and awarded the employee $15,262.50. The employer has appealed. We have determined that the employer's severance policy contained an enforceable contractual obligation to pay severance pay to eligible employees. In the absence of proof that the employee was ineligible, we find that the trial court correctly interpreted and applied the severance policy. Accordingly, we affirm the judgment.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Carol L. Soloman |
Davidson County | Court of Appeals | 04/13/00 |
