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
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
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
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
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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
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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
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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
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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
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Campbell County | Court of Appeals | 03/31/00 | |
E1999-2339-COA-R3-CV
E1999-2339-COA-R3-CV
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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
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Sevier County | Court of Appeals | 03/31/00 | |
E1999-1531-COA-R3-CV
E1999-1531-COA-R3-CV
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Court of Appeals | 03/31/00 | ||
State vs. Fred Edmond Dean
E1998-00135-CCA-R3-PC
Authoring Judge: Judge David H. Welles
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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
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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
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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 |