State vs. Perry A. Cribbs
02S01-9703-CR-00014
Originating Judge:W. Fred Axley |
Shelby County | Supreme Court | 04/13/98 | |
State vs. Perry A. Cribbs
02S01-9703-CR-00014
Originating Judge:W. Fred Axley |
Shelby County | Supreme Court | 04/13/98 | |
Cole vs. Campbell, Comm., et. al.
01S01-9705-CH-00104
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Supreme Court | 04/13/98 | ||
01S01-9702-CH-00026
01S01-9702-CH-00026
Originating Judge:C. K. Smith |
Wilson County | Supreme Court | 04/13/98 | |
Terrance B. Smith v. State of Tennessee
W2004-02366-CCA-R3-PC
Authoring Judge: Judge David G. Hayes
Originating Judge:Joseph H. Walker, III |
Tipton County | Court of Criminal Appeals | 04/12/98 | |
Steven Cobb v. Joseph Vinson, et al.
02A01-9707-CV-00144
Stephen Cobb (“petitioner”) filed a pro se Petition for Writ of Certiorari in the Circuit Court of Lake County against Joseph Vinson, Chairman of the Lake County Regional Correctional Facility disciplinary board (“LCRCF”); Billy Compton, warden of LCRCF; and Donal Campbell (“commissioner”), commissioner of the Tennessee Department of Correction (collectively “respondents”) seeking court review of actions taken by the prison disciplinary board, prison warden, and department commissioner. Due process violations resulting therefrom were also alleged. The trial court granted respondents’ motion for dismissal for improper venue and petitioner has appealed. On appeal, a single issue was presented for our review: whether the trial court erred in granting respondents’ motion to dismiss for improper venue. For reasons state hereinafter, we reverse the judgment of the trial court and remand.
Authoring Judge: Judge Alan E. Highers
Originating Judge:Judge R. Lee Moore Jr. |
Lake County | Court of Appeals | 04/10/98 | |
Rovene Lowe, v. Winnie Sue Sanders Cannon and husband, Robert Cannon
02A01-9707-CH-00147
This is a suit to establish a resulting trust and to recover for the breach thereof. Plaintiff/Appellee Rovene Lowe (Lowe) brought suit alleging a resulting trust and seeking damages arising from an alleged breach by Defendants/Appellants Winnie Sue Sanders Cannon (Mrs. Cannon) and Robert Cannon (Mr. Cannon). Charles Sanders died in 1990. The trial court found that Lowe had proven the existence of a resulting trust and that the Cannons had breached the trust. Consequently, the trial court awarded Lowe $15,840 in damages. The Cannons appeal.
Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Chancellor John Walton West |
Henry County | Court of Appeals | 04/08/98 | |
Est. of John B. Ferguson, Jr., Deceased, and John and Patricia Sylawa, v. First American Trust Company, N.A., Executor
01A01-9707-PB-00313
This is a will contest case involving a succession of wills, disputes as to the testamentary capacity of the testator at the time of the making of each of the wills, and the standing of the contestants. At the present stage of the proceedings, the contestants are in the position of plaintiffs, because they initiated the contest.
Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Judge Frank G. Clement, Jr. |
Davidson County | Court of Appeals | 04/08/98 | |
The Oak Ridge Boys, Inc., v. Steve H. Sanders, et. al.
01A01-9708-CH-00401
This is an unemployment compensation case. Plaintiff, The Oak Ridge Boys, Inc., appeals the order of the trial court which affirmed the decision of the Board of Review of the Tennessee Department of Employment Security to award benefits to Steve Sanders.
Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Judge Tom E. Gray |
Sumner County | Court of Appeals | 04/08/98 | |
Gail Joan Hollen Ritchie v. David Anthony Ritchie
01A01-9708-CH-00425
This is an appeal from a divorce decree in which the only issue is which parent should have principal custody of Luke, the minor child of the parties who was born July 13, 1993. The divorce decree of the Trial Court granted principal custody to the father, and the mother appealed to this Court. Her sole issue on appeal is: The Trial Court erred in denying Plaintiff/Appellant primary custody of the minor child of this marriage.
Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Judge Robert E. Burch |
Houston County | Court of Appeals | 04/08/98 | |
Kerry Garland v. Jim Bonner and d/b/a EZA Aqua Glass Pools; Ken Hopkins and Pam Hopkins v. Jim Bonner and d/b/a EZA Aqua Glass Pools - Concurring
01A01-9710-CV-00570
This is an appeal of two cases consolidated for trial. Both cases originated in the General Sessions Court of Maury County, Tennessee and are styled as follows: Ken Hopkins and wife Pam Hopkins,
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Judge William B. Cain |
Maury County | Court of Appeals | 04/08/98 | |
Carver Plumbing Company v. Martha Cone Beck
01A01-9708-CV-00377
Plaintiff Carver Plumbing Company, Inc. (Carver Plumbing), appeals the trial court’s order entering summary judgment in favor of Carver Plumbing’s former attorney, Defendant/Appellee Martha Cone Beck (Beck). We reverse the trial court’s judgment based on our conclusion that a genuine issue of material fact exists as to whether Carver Plumbing’s action against Beck is barred by the one-year statute of limitations applicable to legal malpractice actions.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Judge Walter C. Kurtz |
Davidson County | Court of Appeals | 04/08/98 | |
State of Tennessee vs. Bonnie Stillwell
03C01-9610-CC-00366
The appellant, Bonnie Stillwell, appeals as of right the Blount County Circuit Court’s order to revoke her probation. She contends that the trial court’s order was improper in light of her efforts to comply with the terms of probation. After a review of the record, we affirm the judgment of the trial court.
Authoring Judge: Judge William M. Barker
Originating Judge:Judge D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 04/08/98 | |
State of Tennessee vs. Jesse C. Gudger, III
03C01-9703-CC-00107
The defendant, Jessee C. Gudger, III, appeals as of right from his conviction by a jury in the Sullivan County Circuit Court for robbery, a Class C felony. The defendant was sentenced as a Range I, standard offender to five years in the custody of the Department of Correction. The trial court ordered the defendant to serve his sentence consecutively to a sentence imposed in an unrelated case. The defendant contends that:
Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge D. Kelly Thomas, Jr. |
Sullivan County | Court of Criminal Appeals | 04/07/98 | |
Jacqueline S. Whiteside, v. Jerry Whiteside
03A01-9707-CV-00272
This appeal is from the action by the trial court on a contempt citation by the Appellant, hereinafter “Wife,” and a Petition to Modify the original Divorce Decree and a motion under Rule 60, Tenn. R. Civ. P., brought by the Appellee, hereinafter “Husband.”
Authoring Judge: Senior Judge William H. Williams
Originating Judge:Judge Samuel H. Payne |
Hamilton County | Court of Appeals | 04/07/98 | |
Jacqueline S. (Weibel) Brewer v. Joseph William Weibel, III - Concurring
02A01-9703-CH-00067
This is a post-divorce child custody suit. Joseph Weibel III (“father”) filed a petition in the Chancery Court of Shelby County against Jacqueline Brewer (“mother”) seeking to have custody of the parties’ minor child, Joseph Weibel IV, (“Joey”) changed from mother to father. Mother had primary physical custody of the parties’ child pursuant to a consent order calling for joint custody. Following a hearing, the chancellor awarded father sole custody, with mother having extensive visitation. The court also ordered father to pay mother’s attorney fees and expenses in connection with the litigation. Mother has raised two issues by this appeal. First, whether the evidence preponderates against the finding of the chancellor that it was in the best interest of the parties’ child to award custody to father. And second, although father was directed to pay mother’s attorney fees and litigation expenses in connection with the trial below, mother as appellant herein raises the issue of whether the chancellor abused his discretion in directing father to pay mother’s attorney fees. For the reasons hereinafter stated, we affirm the award of custody to father and reverse the award of attorney fees to mother.
Authoring Judge: Judge Hewitt Tomlin
Originating Judge:Chancellor Neal Small |
Shelby County | Court of Appeals | 04/07/98 | |
State of Tennessee vs. James Ray Bartlett
01C01-9509-CC-00302
The defendant, James Ray Bartlett, was indicted for DUI, driving on a revoked license, five counts of reckless driving, resisting arrest, evading arrest and reckless endangerment. At the close of the state's proof, the trial court granted the defendant's motion for acquittal as to the charge of resisting arrest. The jury rendered guilty verdicts as to the remaining counts. After setting aside the conviction for reckless endangerment, the trial court sentenced the defendant to ten months for the DUI; four months and fifteen days for driving on a revoked license; five months for the reckless driving convictions, all of which were merged as one offense; and ten months for evading arrest. The transcript of the trial indicates sentences were ordered to be served consecutively for an effective sentence of twenty-nine months fifteen days with the minimum service at seventy-five percent. The judgment form indicates concurrent sentencing for all new convictions. The trial court revoked the defendant's community corrections sentence for prior convictions; these new sentences were ordered to be served consecutively to the prior offenses according to the judgment form.
Authoring Judge: Judge Gary R. Wade
Originating Judge:Judge W. Charles Lee |
Lincoln County | Court of Criminal Appeals | 04/07/98 | |
State of Tennessee vs. Mark Maybrey
01C01-9703-CC-00117
The Rutherford County grand jury returned indictments charging the defendant, Mark F. Maybrey, with three (3) counts of telephone harassment. The defendant applied for pretrial diversion, which was denied by the District Attorney General. Defendant filed a petition for writ of certiorari in the Rutherford County Circuit Court, seeking to overturn the District Attorney’s denial of diversion. After a hearing, the trial court found that the District Attorney had not abused his discretion. Pursuant to Tenn. R. App. P. 9, defendant brings this interlocutory appeal, claiming the trial court erred in finding that the District Attorney General had not abused his discretion in denying diversion. We find no error; therefore, the judgment of the trial court is AFFIRMED.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge J. S. Daniel |
Rutherford County | Court of Criminal Appeals | 04/07/98 | |
Tipton County Department of Public Instruction, et al., v. Delashmit Electric Company, et al.
02A01-9704-CH-00084
This is a breach of contract case involving the enforcement of an arbitration clause. We find the arbitration clause applicable, reverse the judgment of the lower court, and remand the case for
Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Chancellor John Hill Chisolm |
Tipton County | Court of Appeals | 04/07/98 | |
Myra Jean McCorkle v. The County of Dyer Tennesseee
02A01-9701-CV-00020
This is a premises liability case under the Tennessee Governmental Tort Liability Act. The trial court granted summary judgment to the defendant governmental entity. We affirm.
Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Judge J. Steven Stafford |
Dyer County | Court of Appeals | 04/06/98 | |
Rebecca Fay Woods, Harry B. Woods, Jr. and Shirley Ann Woods, et. al. v. Harry B. Woods Plumbing Co., Inc., Harpeth Construction Co. and Travelers Insurance Co.
01S01-9606-CH-00124
We granted this workers' compensation appeal to address two issues: (1) whether the decedent's death arose out of and in the course of employment; and (2) whether the decedent was the initial aggressor; and if so, whether the aggressor doctrine precluded recovery. We find that the decedent's death arose out of and in the course of employment. As to the second issue, we hold the common law aggressor defense as it relates to workers' compensation claims under the Act is abolished in Tennessee and does not bar the decedent's recovery
Authoring Judge: Justice Janice M. Holder
Originating Judge:Chancellor Irvin H. Gilcrease |
Supreme Court | 04/06/98 | ||
In re: The Estate of Harold L. Jenkins, Hugh C. Carden and Donald W. Garis, as Co-Executors of the Harold L. Jenkins Estate, v. Joni L. Jenkins and Kathy L. Jenkins - Concurring
01A01-9709-CH-00500
I concur with the Court’s decision on the ground that the summaries of Harold L. Jenkins’s financial records indicate a lack of trustworthiness because of their method of compilation and their incompleteness.
Authoring Judge: Judge William C. Koch
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Sumner County | Court of Appeals | 04/06/98 | |
Juanita Mitchell, Personal Representative of the Estate of Billy Mitchell v. Sam Cole, Jr., Substitute Trustee, Estate of Prudence Reynolds and Gerald W. Pickens, Administrator
02S01-9703-CH-00020
This case presents for review the decision of the Court of Appeals that a debtor cannot collateraliy attack in state court an adjudication made in a Chapter 11 bankruptcy proceeding regarding the balance due on a deb owed by the debtor-bankrupt. The judgment of the Court of appeals is affirmed as modified.
Authoring Judge: Justice Lyle Reid
Originating Judge:Special Chancellor Russell Fowler |
Supreme Court | 04/06/98 | ||
Patty M. Richards v. O'Connor Management, Incorporated and Russ Hackett
01A01-9708-CV-00379
Plaintiff Patty M. Richards appeals the trial court’s order granting the motion for summary judgment filed by Defendants/Appellees O’Connor Management, Inc., and Russ Hackett.In entering summary judgment in favor of the Defendants, the trial court dismissed Richards’ claims for outrageous conduct and false imprisonment. We affirm in part, reverse in part, and remand for further proceedings.
Authoring Judge: Judge David R. Farmer
Originating Judge:Judge Barbara N. Haynes |
Davidson County | Court of Appeals | 04/03/98 | |
Brian Keith Feather, v. Dolly Dekrafft Feather
01A01-9704-CH-00183
This somewhat protracted litigation began in August 1993 when Brian Keith Feather (Husband) filed for divorce from Dolly deKrafft Feather (Wife). A divorce decree was entered by the chancery court in September 1994, which, inter alia, dissolved the fifteen year marriage of the parties and determined custody of their four minor children. Separate orders pertaining to the case were entered by the trial court in August and October, 1995, respectively. Both parties appealed therefrom, but this Court in April 1996, determined that the parties’ respective appeals were from a nonfinal judgment. Litigation thereafter continued due to the parties’ filings of various petitions for contempt, to rehear and to modify custody. After additional hearings, the trial court entered its final judgment in December 1996 from which both parties have appealed.1 The primary issues before us concern the trial court’s decisions regarding child custody and classification and division of the marital estate. For the reasons hereinafter stated, we affirm as modified.
Authoring Judge: Judge David R. Farmer
Originating Judge:Judge Buddy D. Perry |
Franklin County | Court of Appeals | 04/03/98 |