APPELLATE COURT OPINIONS

Citicorp Mortgage, Inc. v. John P. Roberts

02S01-9712-CH-00109

In this legal malpractice action, the defendant, John P. Roberts, appeals from the Court of Appeals’ reversal of summary judgment entered by the trial court in his favor based on the expiration of the statute of limitations. The issue for our determination is whether the present action is barred by the one-year statute of limitations applicable to legal malpractice actions, Tenn. Code Ann. § 28-3-104.1 After carefully examining the record before us and considering the relevant authorities, we conclude that the instant suit is time-barred. Accordingly, for the reasons explained hereafter, the decision of the Court of Appeals to reverse the trial court’s grant of summary judgment to the defendant is reversed.

Authoring Judge: Justice Frank W. Drowota, III
Originating Judge:Chancellor Neal Small
Shelby County Supreme Court 10/05/98
Jeremy P. Crye, a Minor by his next friend and Mother, Beverly A. Rogers, and Beverly A. Rogers, Individually v. Lloyd C. Norton and Mary B. Norton

03A01-9804-CV-00142

The plaintiff, Jeremy P. Crye, seeks to impose liability on Mary B. Morton for the act of her son, Lloyd C. Norton, in shooting him. The trial judge granted her motion for summary judgment without enlargement. The plaintiff appeals, and presents for review the issue of whether the proof relevant to the motion established a genuine dispute of a material fact, thus requiring a merit trial.

Authoring Judge: Senior Judge William H. Inman
Originating Judge:Judge Harold Wimberly
Knox County Court of Appeals 10/02/98
Karen Lynn Pilcher, and husband Keith A. Pilcher, v. A.L. Moneymaker, Jr., and wife, Roberta Moneymaker

03A01-9710-CV-00482

A. L. Moneymaker, Jr., and his wife Roberta Moneymaker appeal a judgment rendered by the Trial Court against them in the amount of $36,000 as a result of personal injuries sustained by Karen Lynn Pilcher and loss of consortium of her husband, Keith A. Pilcher. The suit arose as a result of a collision occurring on September 3, 1994, about 10:00 a.m., between a female dog named Spec, alleged to be owned by Mr. and Mrs. Moneymaker, and a bicycle being ridden by Mrs. Pilcher on Dutch Valley Road in Anderson County.

Authoring Judge: Presiding Judge Houston M. Goddard
Originating Judge:Judge James B. Scott, Jr.
Anderson County Court of Appeals 10/02/98
State of Tennessee vs. Cecil Eugene McGuire

03C01-9705-CC-00191

The Sevier County Grand Jury indicted sixteen-year old Cecil Eugene McGuire for aggravated rape, aggravated sexual battery, and aggravated burglary. After a trial, the jury acquitted the defendant of aggravated rape and aggravated burglary but found him guilty of aggravated sexual battery and aggravated criminal trespass, a lesser grade offense of aggravated burglary. The trial court sentenced him to serve eleven years in the custody of the Department of Correction as a Range I, standard offender for the Class B felony, concurrently with eleven months and twenty-nine days for the Class A misdemeanor. Pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure, the defendant presents the following issues:


1. Whether the indictments are fatally defective and thereby deprive the trial court of jurisdiction in this case.
2. Whether the evidence as a matter of law was insufficient to support the convictions.
3. Whether the trial court improperly credited and weighed the enhancement factors and imposed an excessive sentence.

After a careful review of the record and the applicable law, we find no error warranting reversal of the defendant’s convictions. We affirm the convictions, but for reasons explained below, we modify the felony sentence from eleven years to ten years.

Authoring Judge: Judge Curwood Witt
Originating Judge:Judge Rex Henry Ogle
Sevier County Court of Criminal Appeals 10/02/98
Larry G. Relford, v. William DeRochie and Steve LaFon

03A01-9712-CV-00547

Larry G. Relford, an employee of William DeRochie, sued Mr. DeRochie and Steve LaFon, seeking damages for injuries received by him when he fell from a scaffold while framing a personal residence being erected for Mr. LaFon under a contract with Mr. DeRochie, the general contractor. As best we understand the complaint, it is grounded upon two theories-- first, that Mr. LaFon failed to provide a safe place for Mr. Relford to work and, second, that Mr. LaFon was, as contemplated by T.C.A. 50-6-111, a statutory employer and subject to the provisions of the Tennessee Workers' Compensation Statute.

Authoring Judge: Presiding Judge Houston M. Goddard
Originating Judge:Judge Russell E. Simmons
Loudon County Court of Appeals 10/02/98
Damon Alan Kratochvil a Minor by James L. Coone and Sonja Coone v. Danny Alan Kratochvil

03A01-9712-CH-00536

In this adoption case, Danny Alan Kratochvil (respondent) appeals the trial court's order terminating his parental rights regarding his son, Damon Alan Kratochvil. The biological mother's parental rights were terminated by default judgment, and she is not a party to this appeal. We affirm the judgment of the trial court.

Authoring Judge: Judge Don T. McMurray
Originating Judge:Chancellor R. Vann Owens
Court of Appeals 10/02/98
State vs. William Mack Gross

E2000-00039-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Douglas A. Meyer
Hamilton County Court of Criminal Appeals 09/30/98
First vs. Cheatham

03A01-9805-CV-00157
Court of Appeals 09/30/98
Miles vs. Nelson

03A01-9711-CH-00500
Court of Appeals 09/30/98
Sparks vs. Knoxville

03A01-9803-CV-00092
Court of Appeals 09/30/98
Miles vs. Nelson

03A01-9711-CH-00500
Jefferson County Court of Appeals 09/30/98
Miles vs. Nelson

03A01-9711-CH-00500
Jefferson County Court of Appeals 09/30/98
Hadjopoulos vs. Hadjopoulos

03A01-9801-CV-00037
Court of Appeals 09/30/98
Knox Co. vs. Perceptics

03A01-9803-CH-00089
Knox County Court of Appeals 09/30/98
State vs. William Clements

01C01-9707-CC-00247
Hickman County Court of Criminal Appeals 09/30/98
George vs. Harlan

01A01-9712-CV-00692

Originating Judge:James L. Weatherford
Maury County Court of Appeals 09/30/98
James Newsome vs. State

01C01-9710-CR-00459

Originating Judge:Thomas H. Shriver
Davidson County Court of Criminal Appeals 09/30/98
State vs. William Bradley

01C01-9708-CR-00336
Davidson County Court of Criminal Appeals 09/30/98
State vs. AAA Aaron's Action Agency Bail Bond, Inc.

01C01-9710-CR-00462

Originating Judge:Seth W. Norman
Davidson County Court of Criminal Appeals 09/30/98
Larry T. Carter vs. State

01C01-9710-CR-00488
Davidson County Court of Criminal Appeals 09/30/98
Johnson vs. Johnson

01A01-9708-CH-00410

Originating Judge:Tom E. Gray
Sumner County Court of Appeals 09/30/98
Brayfield, et. al. vs. Kentucky National Ins. Co.

01A01-9701-CV-00007

Originating Judge:Thomas Goodall
Sumner County Court of Appeals 09/30/98
Robbie Ann Stavely Hendrix v. Billy Gene Hendrix

02A01-9712-CH-00303

In this divorce action, the Trial Judge granted the wife a divorce, ordered the defenda nt to pay alimon y in the amou nt of $400.00 a mo nth, and ch ild support for one child in the amount of $750.00, and attorney’s fees for the wife in the amount of $1,634.67. He also ordered the husband to pay certain debts of the marriage. On appeal, the husband seeks a reversal of the decree for alimony, payment of the marital debts and attorney’s fees to the wife. He also seeks a reduction in the amount of child support awarded by the Trial Judge.

Authoring Judge: Judge Herschel P. Franks
Originating Judge:Chancellor Joe C. Morris
Madison County Court of Appeals 09/30/98
Brown vs. McMullin, et. al.

01A01-9710-CH-00561

Originating Judge:Henry F. Todd
Court of Appeals 09/30/98
Rozanne F. Wright (Folk-Schmidt) vs. Jan H. Schmidt

01A01-9708-CV-00413
Court of Appeals 09/30/98