APPELLATE COURT OPINIONS

We granted this appeal to determine whether the common law "procuring agent defense" has been abolished by statute. We hold that the procuring agent defense was abolished by Tenn. Code Ann. §39-11-203 (e)(2) which expressly states that "[d]efenses available under common law are here by abolished." The trial court appropriately declined to instruct the jury on the procuring agent defense, and the defendant's conviction for selling a controlled substance was supported by the evidence.

This case involves a dispute between neighbors over a sewer line. The Defendant, Marilyn Hill, appeals the trial court’s finding of an easement by  implication in favor of the Plaintiff, Joanne Barrett, across Ms. Hill’s property for the purpose of connecting Ms. Barrett’s property to the city sewer line. We affirm the trial court.

This is an appeal of the trial court’s affirmance, in a writ of certiorari action, of a decision of the Williamson County Board of Zoning Appeals interpreting and applying provisions of the Williamson County Zoning Ordinance. The Appellant, Mr. Brunetti, is a neighbor of Mr. Brian Sanders, and objects to the operation of two grain bins (sometimes referred to as silos) on Mr. Sanders’s 5-acre parcel in Williamson County, which is zoned “Estate.” The Board of Zoning Appeals interpreted state statute and local  ordinance to allow this “agricultural” use. We affirm.

Plaintiff William Jones appeals the trial court’s order granting the motion for summary judgment filed by the Commissioner of the Tennessee Department of Correction in this dispute over the Department’s calculation of Jones’ sentence reduction credits. We affirm the trial court’s judgment.

Donald Ray Stacey (Husband) appeals an order modifying the terms of the parties’ final decree of divorce. After almost twenty-eight years of marriage, the parties were divorced on July 6, 1995. The final decree was subsequently amended on July 14, 1995, to require Husband to pay attorney’s fees to Kevin Kathleen Stacey (Wife). Three children were born during the course of the marriage, but only one child, Zachary, was still a minor at the time of the couple’s divorce. Pursuant to the Amended Final Decree of Divorce (amended final decree), Wife was granted sole custody of the minor child with Husband having reasonable visitation. Husband was ordered to pay $1,300.00 in child support per month plus the Child Support Guidelines amount of 21% of his annual bonus up to a total gross income of $9,900.00 (bonus and base salary).

Defendant Vanderbilt Industrial Contracting Corporation (VICC) appeals the trial court’s judgments which awarded attorney’s fees to two of VICC’s co-defendants in this lawsuit, Kajima International, Inc., and Titan Contracting and Leasing Company. We reverse the trial court’s judgments based upon our conclusion that the relief awarded exceeds the scope of the relief requested by the parties’ pleadings.

The defendant was found guilty by a jury of delivery of one-half ounce or more of marijuana. The trial court sentenced the defendant as a Range I standard offender to a term of two years in the Tennessee Department of Correction. This sentence was suspended and the defendant was to serve four years on supervised probation and a term of ninety days in the county jail. The defendant’s subsequent motion for a new trial was denied by the trial court. The defendant now appeals and contends that the evidence was insufficient to support his conviction and that his sentence is excessive. After a review of the record and applicable law, we find no merit to the defendant’s contentions and thus affirm the judgment of the trial court.

Defendants Jimmy C. Grisham, d/b/a Germantown Pest Control, Germantown Termite and Pest Control, Inc., and Christopher D. Alexander appeal the trial court’s judgment entered on a jury verdict in favor of  Plaintiff/Appellee Catherine Edmundson in the amount of $50,000. We  affirm the trial court’s judgment.