APPELLATE COURT OPINIONS

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Mark S. Miller vs. State

03C01-9803-CR-00108
Knox County Court of Criminal Appeals 05/27/99
Jenny C. Walker vs. James M. Walker

M2001-00087-COA-R3-CV
After the parties separated, the husband borrowed a substantial amount of money to complete the renovation of marital property and to pay household expenses. The trial court divided the marital property pursuant to divorce, classifying the husband's post-separation loans as marital debt. The wife argues on appeal that the trial court erred in its classification and division of the post-separation debts. We affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Carol A. Catalano
Robertson County Court of Appeals 05/27/99
State vs. Joel Guilds

01C01-9804-CC-00182
Williamson County Court of Criminal Appeals 05/27/99
C&C Aluminum Builders Supply vs. Rynd

01A01-9804-CH-00225

Originating Judge:John W. Rollins
Coffee County Court of Appeals 05/26/99
Lessley vs. Shope

01A01-9805-CV-00233

Originating Judge:Carol A. Catalano
Robertson County Court of Appeals 05/26/99
Hennigan vs. Hennigan

01A01-9807-CH-00380

Originating Judge:Tyrus H. Cobb
Bedford County Court of Appeals 05/26/99
State vs. Ronnie Garner

01C01-9806-CC-00258
Franklin County Court of Criminal Appeals 05/26/99
In the Matter of: M.C.G.

01A01-9809-JV-00461

Originating Judge:Andrew J. Shookhoff
Davidson County Court of Appeals 05/26/99
Amy Decker vs. Carroll Academy

02A01-9709-CV-00242

Originating Judge:Julian P. Guinn
Carroll County Court of Appeals 05/26/99
James Harold Register vs. State

01C01-9605-CC-00199
Bedford County Court of Criminal Appeals 05/26/99
James E. Kenner vs. State

01C01-9709-CR-00424

Originating Judge:J. Randall Wyatt, Jr.
Davidson County Court of Criminal Appeals 05/26/99
State vs. Lewis L. Bell a/k/a Lewis Coleman a/k/a Lewis Ingram

01C01-9807-CR-00279
Davidson County Court of Criminal Appeals 05/26/99
State vs. Billy Brown

02C01-9805-CR-00157
Shelby County Court of Criminal Appeals 05/26/99
State vs. David Gribble

03C01-9810-CC-00350
Blount County Court of Criminal Appeals 05/26/99
Charles Bobo vs. State

03C01-9802-CR-00064

Originating Judge:R. Jerry Beck
Washington County Court of Criminal Appeals 05/26/99
Tabor vs. Eakin

03A01-9902-CV-00043
Knox County Court of Appeals 05/26/99
Cox v. Hartford Accident

03S01-9706-CH-00063
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. After conducting two separate hearings on this case, the trial court found that the plaintiff was totally and permanently disabled. The trial court further held that the insurance carrier would be liable for 75 percent of the plaintiff's disability and the Second Injury Fund would be liable for 25 percent of the plaintiff's disability. The Second Injury Fund presents the following issues for our review: I. Whether obesity is a compensable preexisting permanent physical disability to warrant recovery from the Second Injury Fund under Tenn. Code Ann. _ 5-6-28(a). II. Whether the trial [court] erred in holding the Fund liable for 25% of the award. We reverse the judgment of the trial court holding the Second Injury Fund liable and dismiss the Second Injury Fund from this case. BACKGROUND ON THE FIRST HEARING At the time of the first hearing on June 14, 1994, the plaintiff was 33 years of age, stood over six feet tall, and weighed close to 4 pounds. He testified that most of his family is overweight and that he has always been a large person. The plaintiff's wife testified that her husband has lost some weight in the past but that he has always been heavy. After graduating from high school, the plaintiff's employment history included working as a small engine repairman, heavy equipment operator, carpenter, factory worker, meat processor, sewing machine operator, and tire builder. The plaintiff eventually returned to school and obtained an associate's degree in accounting from Draughon's College. Draughon's College placed the plaintiff with Monday Realty, where he worked over four years as a bookkeeper three days a week and as a maintenance worker two days a week. When the plaintiff was hired by Monday Realty, he weighed approximately 31 pounds. He testified that he had some normal limitations due to his weight and that his employer made accommodations for him in that respect. For example, the plaintiff did not have to do any roofing work or crawl under houses. 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. Billy Joe White,
Knox County Workers Compensation Panel 05/26/99
STS/BAC Joint Venture v. The City of Mt. Juliet

M2003-00171-COA-R3-CV
The developer of a planned Wilson County subdivision sought damages for a temporary taking, claiming that the City of Mt. Juliet interfered with the completion of the project by arbitrarily refusing to grant necessary permits. The trial court granted summary judgment to Mt. Juliet, in part on the ground that the statute of limitations had passed on the developer's claim for relief. We affirm.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Charles K. Smith
Wilson County Court of Appeals 05/26/99
State vs. Holly Ralston

03C01-9803-CR-00099
Anderson County Court of Criminal Appeals 05/25/99
03C01-9801-CR-0043

03C01-9801-CR-0043
Court of Criminal Appeals 05/25/99
State vs. Eugene Kerrent

02C01-9809-CC-00288
Madison County Court of Criminal Appeals 05/25/99
State vs. Freddie Pollard

02C01-9802-CR-00042

Originating Judge:John P. Colton, Jr.
Shelby County Court of Criminal Appeals 05/25/99
Willie J. Odom vs. State

03C01-9803-CR-00107
Knox County Court of Criminal Appeals 05/25/99
State vs. Gary Sanders

02C01-9902-CC-00045
Lauderdale County Court of Criminal Appeals 05/25/99
Davis vs. Inman, et al

01A01-9706-CH-00254

Originating Judge:Jim T. Hamilton
Lawrence County Court of Appeals 05/25/99