| State vs. Chalmers
W1997-00174-SC-DDT-DD
Authoring Judge: Justice Janice M. Holder
Originating Judge:Carolyn Wade Blackett |
Shelby County | Supreme Court | 04/11/00 | |
| Beverly Bledsoe vs. Marion Bledsoe
W1999-01515-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:George R. Ellis |
Gibson County | Court of Appeals | 04/11/00 | |
| Ford vs. Humphres
M1999-00423-COA-R3-CV
This appeal involves a dispute over the estate of Ms. Thelma Humphres, who was found by the trial court to have died intestate owning a one-half interest in her home and the approximately twenty acres on which it was locataed. She also owned some personal items which sold for $1,355.50. Appellant, Joy Ford, one of Ms. Humphres eight children, believed that Ms. Humphres had executed a will leaving her mother's entire one-half interest in the home and property to her. Ms. Ford objected to the administration of her mother's estate by her brother, Appellee, Danny Humphres, and attempted to prove a lost will. Ms. Ford failed to prove a lost will, and the property was subsequently sold to pay the estate's debts. As Ms. Ford owned the other one-half interest in her mother's property, she objected to the sale of this property. She also objected to the allocation of costs and fees related to the sale and the general administration of her mother's estate. All of her objections were overruled. She now appeals the trial court's actions in these matters. We affirm the trial court.
Authoring Judge: Judge William B. Cain
Originating Judge:John W. Rollins |
Coffee County | Court of Appeals | 04/11/00 | |
| American National Property & Casualty Companies v. James E. Roberts, et al.
M1999-01572-COA-R3-CV
This appeal involves a coverage dispute between the driver of a rented van and his insurance company. Following a single-vehicle accident that killed one passenger and injured two others, the driver's insurance company denied coverage because the driver was not operating the van with its owner's permission. Thereafter, the insurance company filed a declaratory judgment action in the Chancery Court for Davidson County. The trial court denied the insurance company's motion for summary judgment after concluding that the term "owner" as it appeared in the policy was ambiguous. Thereafter, the trial court granted the driver's motion for summary judgment after concluding, as a matter of law, that he had been operating the rented van with the owner's permission. We have determined that the trial court should not have granted the driver a summary judgment because the record contains material factual disputes regarding whether the driver was operating the rented van with the owner's permission.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Ellen H. Lyle |
Davidson County | Court of Appeals | 04/11/00 | |
| Gallatin Housing Authority vs. Carthage, et al
M1999-02041-COA-R3-CV
This appeal arises from a suit seeking damages under a theory of inverse condemnation by the Gallatin Housing Authority ("Plaintiff") against the Town of Carthage, Smith County, Tennessee ("Defendant"). The Plaintiff has appealed as to the Town of Carthage and Smith County although the issues on appeal are directed to the Town of Carthage only. The Town removed some curbing and grass from a small area located between a turnaround and the county jail and then paved the area. At trial, the court found that the Plaintiff failed to prove by a preponderance of the evidence that it owned the strip of land which it claimed was wrongfully expropriated by the Town and that even if the Plaintiff proved ownership, the Town properly took the land pursuant to a dedication to the Town on June 8, 1966. On appeal, the Plaintiff presents three issues: (1) whether the trial court erred in its factual finding that the Plaintiff failed to prove ownership of the land, (2) whether the trial judge erred as a matter of law in concluding that the dedication allowed the Town to expropriate the land, and (3) whether the trial court erred in failing to consider the totality of the circumstances surrounding the dedication where questions were raised as to the intentions of the grantor. For the reasons hereafter stated, we affirm the trial court and find this appeal to be frivolous.
Authoring Judge: Judge William B. Cain
Originating Judge:John D. Wootten, Jr. |
Smith County | Court of Appeals | 04/11/00 | |
| Charles Rooker v. Donal Campbell
M1999-01657-COA-R3-CV
This appeal involves a dispute between a prisoner and the Department of Correction over his release eligibility date. Dissatisfied with the response to his petition for a declaratory order, the prisoner filed a petition for a declaratory judgment in the Chancery Court for Davidson County, asserting that the extension of his release eligibility date violated the Department's policy regarding punishment for escape and the terms of his plea agreement. He also claimed that the Department had wrongfully deprived him of sentence reduction credits. The trial court dismissed the petition, and the prisoner has appealed. We affirm.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 04/10/00 | |
| William Fox vs. Marcella Fox
M1999-01720-COA-R3-CV
In this divorce case ending an eighteen year marriage, the trial court awarded as separate property only the items owned by each party at the time of the marriage. The court awarded the marital home to both parties as tenants in common, allowing Wife to retain possession while the children were minors but requiring her to make the mortgage payments. Upon the sale of the property, the parties were to divide the proceeds of the sale, after costs and encumbrances were paid, with Wife receiving 60% and Husband receiving 40%. Wife appeals, contending that the court was required to classify the gifts during the marriage as separate property, and that the court's distribution of the marital property was not equitable. She also argues that the trial court violated federal law by awarding Husband a percentage of the real property and by ordering her to pay the mortgage, claiming the source of the equity in the property and of her income is her disability benefits, and those funds are exempt from "attachment, levy, or seizure." The evidence does not preponderate against the court's classification of property, and we find the division to be equitable. We find no violation of federal law in the award of the real property or in the requirement that Wife pay the mortgage so long as she occupies the premises.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Jeffrey F. Stewart |
Franklin County | Court of Appeals | 04/10/00 | |
| Thomas Joiner vs. Dora Taylor Joiner
M1999-01721-COA-R3-CV
Wife appeals the conversion from a divorce from bed and board (now known as a "legal separation") to an absolute divorce, claiming the trial court was required to hold another evidentiary hearing concerning the support and property rights of the parties. The parties had ostensibly agreed to a final division of property at the time of the divorce from bed and board, and the trial court had held a later hearing regarding the fairness of the division and Wife's capacity to make such an agreement. Because we find that the trial court made "a final and complete adjudication of the support and property rights of the parties," as required by statute, when it incorporated the agreement of the parties at the time of the divorce from bed and board, we affirm the trial court.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Robert E. Burch |
Stewart County | Court of Appeals | 04/10/00 | |
| Estate of John Acuff, Sr., et al vs. Brenda O'Linger
M1999-00680-COA-R3-CV
The singular dispositive question on this appeal is whether or not two deeds, purportedly executed by the late John E. Acuff, Sr., conveying certain property to Brenda O'Linger, bear the forged signature of John E. Acuff, Sr. An advisory chancery jury, acting under "preponderance of the evidence" instructions, held that the signatures were forged thereby voiding the two deeds. The chancellor adopted, without comment, the findings of the advisory jury and entered judgment for the plaintiffs voiding the two deeds. Defendant appeals and upon consideration of the record we reverse the chancellor.
Authoring Judge: Judge William B. Cain
Originating Judge:Jeffrey F. Stewart |
Marion County | Court of Appeals | 04/10/00 | |
| Marion Co. Bd. of Education vs. Marion Co. Education Assoc.
M1999-00213-COA-R3-CV
This is an appeal from a declaratory judgment action on behalf of the Marion County School Board seeking a determination as to whether or not the decision by the director of schools to transfer a principal to a teaching position was subject to binding arbitration under a collective bargaining agreement in effect between the school board and the Marion County Education Association. A cross-claim was filed by the Association requesting an injunction to force the Board to arbitration, and both parties filed motions for summary judgment. The trial court granted the Association's motion for summary judgment and mandated the Board to go to final and binding arbitration under the agreement. We reverse the decision of the trial court and hold that the statutory authority of the director of schools to hire and select principals may not be limited by a collective bargaining agreement and that such an agreement cannot authorize an arbitrator to determine who will be principal at a particular school.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Jeffery Stewart |
Marion County | Court of Appeals | 04/10/00 | |
| Douglas DuBois vs. Rosemary DuBois
M1999-00330-COA-R3-CV
Plaintiff/Appellant, Douglas Robert DuBois, and Defendant/Appellee, Rosemary Ann DuBois, are parents of two minor children, Caitlin Michel DuBois and Thomas Jackson DuBois. The Decree of Divorce was entered on November 5, 1998, following two days of trial that occurred on the 8th and 9th of October 1998. Both parties filed T.R.C.P. Rule 59 motions to alter or amend the final decree which, in effect, sought a redetermination by the trial judge of almost everything in issue. All of these motions were heard on May 12, 1999, after which, on June 15, 1999, the trial judge entered an order determinative of these Rule 59 motions. From this order, Plaintiff, Douglas Robert DuBois, appeals. We affirm the trial judge.
Authoring Judge: Judge William B. Cain
Originating Judge:John W. Rollins |
Coffee County | Court of Appeals | 04/10/00 | |
| Daniel White vs. State ex rel Brenda Armstrong
M1999-00713-COA-R3-CV
This appeal involves the State's liability to repay child support payments made by a man who had voluntarily legitimated a child he believed to be his own. After this court directed the Davidson County Juvenile Court to grant him prospective relief from the legitimation order in accordance with Tenn. R. Civ. P. 60.02(4), the man requested the juvenile court to order the State and the child's biological mother to reimburse him for the child support payments he had made following the entry of the legitimation order. The juvenile court denied the request on the ground that it lacked subject matter jurisdiction to order the State to reimburse "overpaid child support." We have determined that the juvenile court lacks subject matter jurisdiction to adjudicate these claims and, therefore, affirm the juvenile court's order.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Betty Adams Green |
Davidson County | Court of Appeals | 04/10/00 | |
| Sammartano vs. Sammartano
M1999-00415-COA-R3-CV
In this divorce case, the defendant/wife appeals complaining of an inequitable division of marital assets, an inadequate award of rehabilitative alimony and the denial of attorney fees. As modified herein, we affirm the decision of the trial court
Authoring Judge: Judge William B. Cain
|
Williamson County | Court of Appeals | 04/10/00 | |
| Shirley Dale Reeves v. Wal-Mart, Inc.,
M1998-00879-WC-R3-CV
This case is before the Court upon the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference.
Authoring Judge: Per Curiam
|
Lewis County | Workers Compensation Panel | 04/10/00 | |
| John J. Kobus v. Colonial Moving Company
M1999-00034-WC-R3-CV
This case is before the Court upon the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference.
Authoring Judge: Per Curiam
|
Putnam County | Workers Compensation Panel | 04/10/00 | |
| Troy C. Ledbetter v. Batesville Casket Company
M1998-00670-SC-WCM-CV
This case is before the Court upon the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference.
Authoring Judge: Per Curiam
|
Franklin County | Workers Compensation Panel | 04/10/00 | |
| State vs. Blackstock
E1994-00004-SC-R11-CD
Authoring Judge: Justice E. Riley Anderson
Originating Judge:Stephen M. Bevil |
Hamilton County | Supreme Court | 04/10/00 | |
| State vs. Fitz
W1997-00186-SC-R11-CD
Authoring Judge: Justice E. Riley Anderson
Originating Judge:Joseph H. Walker, III |
Tipton County | Supreme Court | 04/10/00 | |
| State vs. Keough
W1997-00201-SC-DDT-DD
Authoring Judge: Justice E. Riley Anderson
Originating Judge:L. Terry Lafferty |
Shelby County | Supreme Court | 04/10/00 | |
| State of Tennessee v. Everett D. Robinson
W1999-01348-CCA-RE-CD
The Defendant was indicted by the Henry County Grand Jury for (1) driving under the influence (fourth offense); (2) driving while license is cancelled, suspended, or revoked; (3) violation of the “light law”; and (4) failure to appear. He pleaded guilty to driving while license is cancelled, suspended, or revoked and to violation of the “light law.”1 He was then tried on the remaining offenses, found guilty of DUI, and acquitted of failure to appear.
Authoring Judge: Judge Welles
Originating Judge:Judge Julian P. Guinn |
Henry County | Court of Criminal Appeals | 04/07/00 | |
| State of Tennessee v. Steven D. Pittman
M1999-00320-CCA-R3-CD
A Davidson County jury convicted the appellant, Steven D. Pittman, of one (1) count of possession with the intent to sell over 0.5 grams of cocaine, one (1) count of felonious possession of a weapon and one (1) count of simple possession of marijuana. The trial court sentenced the appellant as a Range I offender to concurrent terms of eleven (11) years for possession with the intent to sell cocaine, two (2) years for felonious possession of a weapon and eleven (11) months and twenty-nine (29) days for marijuana possession. On appeal, the appellant contends that the evidence is insufficient to sustain his convictions. After a thorough review of the record before this Court, we conclude that the state presented sufficient evidence to support the appellant’s convictions. We therefore affirm the judgment of the trial court.
Authoring Judge: Judge Jerry L. Smith
Originating Judge:Judge Steve R. Dozier |
Davidson County | Court of Criminal Appeals | 04/07/00 | |
| Farmers & Merchants Bank, a Tennessee Corporation, v. Midway Supply Company, Inc., a Tennessee Corporation
M1999-00147-COA-R3-CV
This appeal involves a suit to recover money advanced by a construction lender to a building supply company to pay for building supplies which the bank mistakenly thought had been delivered to the bank’s debtor. Plaintiff, Farmers & Merchants Bank (Bank) sued defendant, Midway Supply Company, Inc., (Midway) to recover the sums advanced after Midway failed to deliver the supplies and applied the advanced funds to pay other accounts of the Bank’s debtor. From the judgment of the Circuit Court awarding judgment to Bank for the advanced funds less certain credit, Midway has appealed.
Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Judge James E. Walton |
Montgomery County | Court of Appeals | 04/07/00 | |
| State of Tennessee v. Gary Lamar McBride
M1999-00319-CCA-R3-CD
The defendant/appellant, Gary Lamar McBride, appeals as of right from a conviction for murder second degree by a Davidson County jury. The Davidson County Criminal Court imposed a sentence of sixteen (16) years in the Department of Correction. The defendant presents three appellate issues: 1. Whether the trial court erred in allowing the defendant’s statement to be read to the jury and not suppressing the same. 2. Whether the trial court erred in not finding that the proof adduced at trial by the State is in conflict with the physical facts rule applicable to criminal cases. 3. Whether the evidence adduced at trial was sufficient to convict the defendant of murder second degree.
Authoring Judge: Judge L. Terry Lafferty
Originating Judge:Judge J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 04/07/00 | |
| State of Tennessee v. Arcenta Van Harrison
M1999-01184-CCA-R3-CD
The appellant, Arcenta Van Harrison, pled guilty in the Davidson County Criminal Court to three (3) counts of theft of property over $500 and two (2) counts of theft of property over $1,000. The trial court sentenced the appellant to concurrent terms of four (4) years for the theft over $500 counts as a Range II offender and eight (8) years for the theft over $1,000 counts as a Range III offender. The trial court ordered that the appellant serve his sentence on community corrections. A warrant was subsequently issued alleging that the appellant had violated the terms of his community corrections sentence. After an evidentiary hearing, the trial court revoked community corrections and re-sentenced the appellant to an effective term of nine (9) years incarceration. On appeal, the appellant contends that: (1) the trial court erred in revoking his community corrections; (2) the trial court erred in enhancing his sentence to nine (9) years; and (3) the trial court imposed illegal sentences for three (3) of his convictions. After a review of the record before this Court, we conclude that the trial court did not err in revoking the appellant’s community corrections sentence; and we affirm that portion of the trial court’s judgment. However, because the trial court did not conduct an appropriate sentencing hearing, before increasing the appellant’s sentence, we reverse and remand this case to the trial court for re-sentencing.
Authoring Judge: Judge Jerry L. Smith
Originating Judge:Judge Seth W. Norman |
Davidson County | Court of Criminal Appeals | 04/07/00 | |
| State of Tennessee v. Mell Thomas Bruton
M1999-00956-CCA-R3-CD
In June 1998, the appellant, Mell Thomas Bruton,1 pled guilty to one (1) count of aggravated assault and received a sentence of six (6) years as a Range II offender.2 The trial court ordered that the appellant be placed on community corrections after serving six (6) months of his sentence. In July, a warrant was filed against the appellant alleging that he had violated two conditions of his community corrections sentence. After an evidentiary hearing, the trial court revoked the appellant’s community corrections sentence and re-sentenced him as a Range II offender to nine (9) years incarceration. On appeal, the appellant claims that the trial court erred in revoking his community corrections sentence and in increasing his sentence to nine (9) years. Because we find that the appellant was not eligible for community corrections in the first instance, and further that, in any event, ample reason exists to revoke the appellant’s community corrections placement and increase his sentence, we affirm the judgment of the trial court.
Authoring Judge: Judge Jerry L. Smith
Originating Judge:Judge Cheryl A. Blackburn |
Davidson County | Court of Criminal Appeals | 04/07/00 |
