APPELLATE COURT OPINIONS

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In re: Estate of Marguerite Mongold Cranor

M1997-00231-COA-R3-CV

This appeal involves a dispute over a sizeable estate. After learning that they had been excluded from their relative’s will, thirteen of the testatrix’s heirs challenged the will in the Chancery Court for Sumner County on the grounds of improper execution, lack of testamentary capacity, and undue influence. The proponents of the will asserted that the contestants lacked standing because their challenge, even if successful, would only revive an earlier will from which they had likewise been excluded. The trial court found that the contestants had standing but, following a bench trial, determined that the contestants had failed to prove their improper execution, lack of testamentary capacity, or undue influence claims. On this appeal, the contestants take issue with the decision to uphold the will; while the proponents take issue with the conclusion that the contestants had standing to challenge the will. We have determined that the contestants had standing to challenge the will and that the trial court properly determined that the will should be admitted to probate in solemn form. Accordingly, we affirm the judgment. Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Chancery Court Affirmed and Remanded.
 

Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Chancellor Tom E. Gray
Sumner County Court of Appeals 04/04/00
State of Tennessee v. Jeremy M. Batey

M1999-00245-CCA-R3-CD

A Davidson County jury convicted the appellant, Jeremy M. Batey, of one count of reckless homicide, a Class D felony. The trial court sentenced the appellant as a Range I offender to three years incarceration in the local workhouse. On appeal the appellant contends that the trial court erred in denying him an alternative sentence solely on the basis that the crime involved a death. We hold that where the legislature has provided for alternative sentencing in certain homicide offenses, the denial of an alternative sentence solely on the basis of the victim’s death is erroneous. However, in the instant case the circumstances of the offense, including illegal drug and alcohol use which contributed to the offense, and the appellant’s history of alcohol and drug abuse, including the use of marijuana 2 ½ years after the offense and approximately four months prior to his trial justify the denial of alternative sentencing.

Authoring Judge: Judge Jerry L. Smith
Originating Judge:Judge J. Randall Wyatt, Jr.
Davidson County Court of Criminal Appeals 04/04/00
Cecilia Nault v. Mootz, Inc., d/b/a Seasons Restaurant & Ohio Casualty Group

03S01-9903-CH-0003O
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. Review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the finding, unless the preponderance of the evidence is otherwise. TENN. CODE ANN. _ 5-6-225(e)(2); Stone v. City of McMinnville, 896 S.W.2d 548, 55 (Tenn. 1995). The application of this standard requires this Court to weigh in more depth the factual findings and conclusions of the trial courts in workers' compensation cases. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). The trial court denied the plaintiff's claim for workers' compensation benefits and dismissed the complaint. We affirm the judgment of the trial court.
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. Frank Brown,
Knox County Workers Compensation Panel 04/04/00
State of Tennessee v. Eric Flemming

M1997-0073-SC-R11-CD

We granted the appeal in this case to decide (1) whether fists and feet are deadly weapons
under Tennessee Code Annotated section 39-11-106(a)(5)(B); and (2) whether the trial court’s failure to instruct the jury on criminal responsibility for facilitation of especially aggravated robbery and aggravated robbery was reversible error. We conclude that fists and feet are not deadly weapons under Tennessee Code Annotated section 39-11-106(a)(5)(B). In addition, we conclude that the trial court committed reversible error in failing to instruct the jury on facilitation of aggravated robbery and especially aggravated robbery. Accordingly, we affirm the judgment of the Court of Criminal Appeals and remand this case to the trial court for a new trial. Tenn. R. App. P. 11 Permission to Appeal; Judgment of the Court of Criminal Appeals Affirmed
 

Authoring Judge: Justice William M. Barker
Originating Judge:Judge Seth W. Norman
Davidson County Supreme Court 04/03/00
Federated Insurance Company v. Francis I. Lethcoe, et al.

E1997-00048-SC-WCM-CV

This is an appeal from the Chancery Court for McMinn County which, pursuant to Tennessee Rule
of Civil Procedure 60.02(5), modified a judgment that was previously entered in accord with a
settlement agreement between the parties. The appellants appealed and contended that the trial court improperly modified the judgment and reduced the benefits they were to receive according to the agreement. The Special Workers’ Compensation Appeals Panel affirmed the judgment of the trial court, and the appellants filed a motion for full review by this Court to determine whether a party can seek modification of a workers’ compensation judgment for a fixed sum to be paid periodically almost two years after entry of judgment. We hold that where a party agrees to settle a workers’ compensation claim, and the trial court approves the settlement, the settling party is generally not entitled to relief pursuant to Rule 60.02(5). Accordingly, we reverse the judgments of the trial court and the Special Workers’ Compensation Appeals panel and remand this case to the trial court for further proceedings.

Authoring Judge: Justice William M. Barker
Originating Judge:Judge Earl H. Henley
McMinn County Supreme Court 04/03/00
Venessa Lynn Totty v. Michael Alan Totty - Concurring

W1999-02426-COA-R3-CV

I concur with the results reached by the majority in this case. With respect to the issue of counseling, I agree with the majority that the statute has become inapplicable in the present case due to the child having reached majority. I write separately because of my concern that the majority
opinion might be interpreted as limiting a trial court’s discretion to order counseling to that specifically set forth in T.C.A. § 36-6-101(e)(1), the text of which is set forth in the majority opinion. I interpret the statute to be permissive rather than prohibitive. For example, I can envision a trial court ordering a non-custodial parent to undergo counseling for anger management as a condition of exercising visitation rights. I do not believe the aforementioned statute prohibits this.

Authoring Judge: Judge David R. Farmer
Originating Judge:Judge Kay S. Robilio
Shelby County Court of Appeals 04/02/00
Robbie Allen vs. Piggly Wiggly

w1999-00478-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Robert A. Lanier
Court of Appeals 03/31/00
Wendy Byrne vs. Steven Byrne

W1999-01492-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Madison County Court of Appeals 03/31/00
Peggy Shephard vs. Wal-Mart

W1998-00903-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:C. Creed Mcginley
Henry County Court of Appeals 03/31/00
W1999-00247-COA-R3-CV

W1999-00247-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Ron E. Harmon
Benton County Court of Appeals 03/31/00
Louise Holder vs. First TN Bank

W1998-00890-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Robert S. Benham
Shelby County Court of Appeals 03/31/00
Jean Straub vs. Jason Roberts

W1998-00854-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Kay S. Robilio
Shelby County Court of Appeals 03/31/00
State vs. Daniel Phillips, Jr.

E1999-01104-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Anderson County Court of Criminal Appeals 03/31/00
F. G.Sutton vs. J.W. Sutton

E1999-00302-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Court of Appeals 03/31/00
William A. Harvey vs. Lenoir City Utilities Board

E1999-00601-COA-R3-CV
Authoring Judge: Sr. Judge William H. Inman
Court of Appeals 03/31/00
R. E. Sharp, Jr. vs. Campbell Co. Bd. of Education & Campbell Co., TN

E1999-00397-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Campbell County Court of Appeals 03/31/00
E1999-2339-COA-R3-CV

E1999-2339-COA-R3-CV
Hamilton County Court of Appeals 03/31/00
John Constantine, II et al vs. Miller Ind., Inc. et al

E1999-01575-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Originating Judge:W. Frank Brown, III
Hamilton County Court of Appeals 03/31/00
E1999-02107-COA-R3-CV

E1999-02107-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Knox County Court of Appeals 03/31/00
Robert Bowman, et al vs. Gatlinburg Condo Mgt.

E1999-02096-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Sevier County Court of Appeals 03/31/00
E1999-1531-COA-R3-CV

E1999-1531-COA-R3-CV
Court of Appeals 03/31/00
State vs. Fred Edmond Dean

E1998-00135-CCA-R3-PC
Authoring Judge: Judge David H. Welles
Sullivan County Court of Criminal Appeals 03/31/00
Deborah Ann Holland vs. Jason Keith Holland

E1999-00586-COA-R3-CV
In Re: Estate of Homer Haskell Mills, deceased Ronald Dean Mills vs. Peggy Sue Posey, et al
Authoring Judge: Judge David Michael Swiney
Sevier County Court of Appeals 03/31/00
State ex rel Jerry N. Estes vs. Johnny Dewayne Hicks

E1999-01603-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Court of Appeals 03/31/00
01C01-9807-CR-00298

01C01-9807-CR-00298

Originating Judge:Walter C. Kurtz
Davidson County Court of Criminal Appeals 03/31/00