The Town of Collierville, Tennessee, Schilling, Inc., Jane Porter Feild, and Joel H. Porter, v. Norfolk Southern Railway Company
02A01-9706-CV-00134
Defendant Norfolk Southern Railway Company appeals the trial court’s orders of
Authoring Judge: Judge Alan E. Highers
Originating Judge:Judge John R. McCarroll, Jr. |
Shelby County | Court of Appeals | 03/06/98 | |
Bobby Blackmon, v. Steven F. Glaser
01A01-9606-CV-00269
The plaintiff, Bobby Blackmon, has appealed from a judgment reading as follows: The Motion to Set Pretrial Management Conference is overruled. This order shall be considered as a final judgment disposing of any claim, right or liability of any party as contemplated by T.R.A.P. Rule 3(a). IT IS SO ORDERED this 1st day of March, 1996.
Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Judge Thomas Goodall |
Sumner County | Court of Appeals | 03/06/98 | |
Van Adrian Barker v. Patsy Lou (Randolph) Sledd Barker - Concurring
01A01-9704-CH-00192
In this divorce case, the husband Van Adrian Barker has appealed from the judgment of the Trial Court declaring the parties to be divorced under TCA § 36-4-129, and dividing the marital estate. The appellant presents only the following issue: I. Whether the Chancellor erred in finding that the husband did not substantially contribute to the appreciation of the rental property owned by the wife, thereby denying the husband a share in that appreciation.
Authoring Judge: Judge Henry F. Todd
Originating Judge:Judge Tom E. Gray |
Sumner County | Court of Appeals | 03/06/98 | |
State of Tennessee vs. Gary Raines, Debra Raines and Jerry Raines
01C01-9703-CC-00108
Following the denial of their motion to suppress evidence, the Defendants, Gary Raines and Debra Raines ple d guilty in the Circuit Court of Cheatham County to possession of marijuana for resale and possession of drug paraphernalia, and Defendant Jerry Raines pled guilty to simple possession of marijuana and possession of drug paraphernalia. In their pleas, Defendants reserved the right to appeal the trial court’s d enial of their motion to suppress as a certified question of law pursuant to Rule 3(b) of the Tennessee Rules of Appellate Procedure and Rules 11(e) and 37(b)(2)(I) of the Tennessee Rules of Criminal Procedure. Specifically, the certified question is: “Whether or not the initial entry upon the premises and the subsequent consent search was legal.” We affirm the judgment of the trial court, as modified to correct an apparent clerical error.
Authoring Judge: Judge John H. Peay
Originating Judge:Judge Robert E. Burch |
Cheatham County | Court of Criminal Appeals | 03/05/98 | |
Patricia Diane Hayes v. Wal-Mart Stores, Inc.
02S01-9705-CH-00048
Authoring Judge: Cornelia A.Clark, Specials Judge
Originating Judge:HON. GEORGE R. ELLIS |
Gibson County | Workers Compensation Panel | 03/05/98 | |
State of Tennessee vs. William F. Hegger
01C01-9607-CR-00283
On May 17, 1994, a Davidson County jury found Appellant, William F. Hegger, guilty of driving under the influence of an intoxicant, first offense. The trial court sentenced Appellant as a Range I standard offender to eleven months and twenty-nine d ays incarceration (all but ten days suspended), imposed a two-hundred and fifty dollar fine, ordered Appellant to attend alcohol treatment school, and suspended Appellant’s driver’s license for a period of one year. Appellant was further ordered to perform two hundred hours of public service work. On February 22, 1996, following a hearing upon Appellant’s motion, the trial court modified Appellant’s sentence, waiving the fine and public service work. The trial court found that Appellant had completed his jail time and the one year suspension of his license. Appellant filed a timely notice of app eal, raising several issues, namely: 1) whether the trial court erred in allowing evidence regarding the horizontal gaze nystagmus HGN) test; 2) whether the trial court erred in admitting the testimony of Lt. Louise Kelton; After a review of the record, we affirm the judgment of the trial co urt.
Authoring Judge: Judge Jerry L. Smith
Originating Judge:Judge Thomas H. Ware |
Davidson County | Court of Criminal Appeals | 03/04/98 | |
Daryl Turner vs. State of Tennessee
01C01-9608-CR-00374
The appellant, Daryl Turner, appeals the Sumner County Criminal Court’s dismissal of his petition for post-conviction relief. In 1993, appellant was convicted of selling a Schedule II controlled substance, to wit: cocaine, and was sentenced to twelve (12) years as a Range III persistent offender. His conviction and sentence were affirmed by this Court on direct appeal. See State v. Darrel Tucker1, No. 01-C-01-9310-CR00347 (Tenn. Crim. App. at Nashville, Oct. 6, 1994), per. app. denied (Tenn. 1995). The appellant, thereafter, filed a pro se petition for post-conviction relief alleging ineffective assistance of counsel, malicious prosecution, and invalid “reasonable doubt” jury instructions.2 Following an evidentiary hearing, the trial court dismissed appellant’s petition upon finding no ground to warrant post-conviction relief. We affirm the judgment of the trial court pursuant to Rule 20 of the Tennessee Court of Criminal Appeals.
Authoring Judge: Judge William M. Barker
Originating Judge:Judge Jane Wheatcraft |
Sumner County | Court of Criminal Appeals | 03/04/98 | |
Daryl Turner vs. State of Tennessee
01C01-9608-CR-00374
The appellant, Daryl Turner, appeals the Sumner County Criminal Court’s dismissal of his petition for post-conviction relief. In 1993, appellant was convicted of selling a Schedule II controlled substance, to wit: cocaine, and was sentenced to twelve (12) years as a Range III persistent offender. His conviction and sentence were affirmed by this Court on direct appeal. See State v. Darrel Tucker1, No. 01-C-01-9310-CR00347 (Tenn. Crim. App. at Nashville, Oct. 6, 1994), per. app. denied (Tenn. 1995). The appellant, thereafter, filed a pro se petition for post-conviction relief alleging ineffective assistance of counsel, malicious prosecution, and invalid “reasonable doubt” jury instructions.2 Following an evidentiary hearing, the trial court dismissed appellant’s petition upon finding no ground to warrant post-conviction relief. We affirm the judgment of the trial court pursuant to Rule 20 of the Tennessee Court of Criminal Appeals.
Authoring Judge: Judge William M. Barker
Originating Judge:Judge Jane Wheatcraft |
Sumner County | Court of Criminal Appeals | 03/04/98 | |
Patricia Herndon, Next of Kin of Warren G. Price, Deceased, v. Michael and Jeanette Hughes, and Jeff McAlpin, D/B/A Pyramid Motors and McAlpin Enterprises
02A01-9706-CV-00128
This appeal involves an automobile accident and the subsequent wrongful death action brought by the daughter of the decedent. Plaintiff-appellant, Patricia Herndon, filed suit against
Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Judge James E. Swearengen |
Shelby County | Court of Appeals | 03/04/98 | |
Ronald E. Nelson v., James P. Everett, et al.
02A01-9707-CV-00150
Plaintiff/Appellant, Ronald E. Nelson (“Nelson”) appeals the judgment of the trial court granting defendants/appellees’, James P. Everett (“Everett”) and Memphis Publishing Company, Inc., d/b/a The Commercial Appeal (“Memphis Publishing Company”) (collectively “defendants”), motion for summary judgment. For reasons stated hereinafter, we affirm the judgment of the trial court.
Authoring Judge: Judge Alan E. Highers
Originating Judge:Judge James E. Swearengen |
Shelby County | Court of Appeals | 03/04/98 | |
Meese & Associates, Inc., v. Eddie Powers and David Hicks, Rebecca Car Kirklin, v. Meese Associates, Inc.
03A01-9705-CH-
Plaintiff, Meese & Associates, Inc. (“plaintiff”), appeals the judgment of the trial court 2 awarding Intervening Plaintiff/Appellee, Rebecca Kirklin (“Kirklin”), the real estate commission for the sale of Defendants/Appellees’, Eddie Powers (“Powers”) and David Hicks (“Hicks”) (collectively “defendants”), property by Kirklin. For reasons stated hereinafter, we reverse the decision of the trial court and remand.
Authoring Judge: Judge Alan E. Highers
Originating Judge:Chancellor Billy Joe White |
Campbell County | Court of Appeals | 03/03/98 | |
Russell Keith Berry v. Bryan Lee Berry and Paula Faye Berry
03A01-9707-CH-00410
Plaintiff Russell Keith Berry, brought this action on behalf of himself and his grandmother. He alleged that his grandmother, Lorena Beryl Berry, is mentally incompetent and physically ill and that the defendants, his brother and sister-in-law, gained unfair advantage of her incompetency by fraudulently taking control of all her worldly possessions. The plaintiff also alleged the defendants converted his personal property while he was incarcerated. Defendants move for summary judgment. The motion was granted and the complaint dismissed. This appeal resulted. We find there are genuine issues of material fact and revers the trial court's judgment.
Authoring Judge: Judge Don T. McMurray
Originating Judge:Chancellor Lewis W. May, Jr. |
Carter County | Court of Appeals | 03/03/98 | |
Interstate Mechanical Contractors, Inc., v. MCH Partners: Jimmy R. Reagan, d/b/a Precision Construction Company, et al. - Concurring
03A01-9706-CH-00234
This appeal involves a payment dispute between the plaintiff, Don Conseen, a subcontractor doing business as DC Service & Sales, and defendants Jimmy R. Reagan and Howard Sexton, doing business as Precision Construction Company, a general contractor. Plaintiff sued for payment for construction work which he testified was requested and approved by defendants, and for which he was promised payment by the defendants. An evidentiary hearing was held. The defendants presented no proof at trial. The chancellor granted plaintiff a judgment for $19, 267.45, the amount sought by the plaintiff. The defendants appealed. We affirm the judgment of the trial court.
Authoring Judge: Judge Don T. McMurray
Originating Judge:Chancellor Chester S. Rainwater |
Sevier County | Court of Appeals | 03/03/98 | |
Randy Hicks v. State of Tennessee
03C01-9608-CR-00296
Randy Hicks appeals the McMinn County Criminal Court's summary dismissal of his "Motion for New Trial Based on Newly Discovered Evidence Rule 22, FRCrP." The lower court considered this "motion" under the law applicable to motions for new trial, petitions for writ of error coram nobis, and petitions for post-conviction relief, found it without merit, and summarily dismissed Hicks's claim without conducting a hearing. Hicks's underlying conviction is for criminal facilitation of first degree murder, for which he is serving a 25 year sentence. State v. Hicks, 835 S.W.2d 32 (Tenn. Crim. App. 1992). In his pro se appellate brief, Hicks never directly attacks the lower court's denial of his "motion," but he does raise several issues relating to the admission of evidence, denial of a severance and the sufficiency of the convicting evidence at his trial. He also filed with his pro se appellate brief a document entitled Petition for Writ of Error Coram Nobis, in which he alleges that the district attorney knowingly and willfully submitted false evidence in his trial.1 Having painstakingly reviewed the record and Hicks's brief, we affirm the trial court's summary dismissal of the claim. Likewise, we find the petition filed in this court proper for dismissal.
Authoring Judge: Judge Curwood Witt
Originating Judge:Judge Mayo L. Mashburn |
McMinn County | Court of Criminal Appeals | 03/03/98 | |
Alexander Jackson Bullard vs. The City of Chattanooga Fireman's & Policeman's Insurance & Pension Fund Board - Concurring
03A01-9705-CH-00193
In this action plaintiff sought job-related disability benefits from his pension plan, administered by the City of Chattanooga Firemen’s and Policemen’s Insurance and Pension Fund Board (“Board”). The Board, after an evidentiary hearing, voted 3 to 2 to deny benefits. An appeal was taken to the Chancery Court, and the Chancellor overturned the decision of the Board and awarded benefits. For reasons hereinafter stated we affirm and adopt from the Chancellor’s Opinion.
Authoring Judge: Judge Herschel P. Franks
Originating Judge:Chancellor Howell N. Peoples |
Hamilton County | Court of Appeals | 03/03/98 | |
Lawrence Dixson and wife, Mary Dixson, v. Atlantic Soft Drink Company, also D/B/A Pepsi Cola Company
03A01-9709-CV-00417
At approximately 1:00 on Christmas morning of 1995, a pickup truck which had been stolen from the defendant Atlantic Soft Drink Company's business compound, crashed into the plaintiffs' residence, allegedly causing property damage and personal injury to the plaintiffs. Plaintiffs, in their complaint asserted that the defendant was negligent in leaving the keys inside the unlocked
Authoring Judge: Judge Don T. McMurray
Originating Judge:Judge Wheeler A. Rosenbalm |
Court of Appeals | 03/03/98 | ||
W. Stephen Renfro, Jr., v. John Doe
03A01-9710-CV-00447
This is an appeal from a summary judgment entered i favor of Ohio Casualty Insurance Company, an unnamed party brought before the court pursuant to T.C.A. § 5 6 - 7 - 1 2 0 6 . The question before us is whether the plaintiff, Steven Renfro, is an insured within th emeaning of Ohio Casualty's uninsured motorist (UM) policy provisions. The precise issues, whether the plaintiff, at the time of his injury, was "occupying" the covered vehicle as that term is defined in the policy under consideration. The trial court fond, on motion for summary judgment, that the plaintiff was not "occupying" the ehicle. we reverse the judgment of the trial court.
Authoring Judge: Per Curiam
Originating Judge:Judge Dale Workman |
Knox County | Court of Appeals | 03/03/98 | |
Southland Realtors Inc., v. Tabor Construction Company, Inc., - Concurring
03A01-9710-CV-00455
The trial court allowed the plaintiff a recovery of a commission for the sale of real estate. The defendant appeals, insisting that (1) the plaintiff was not a party to the sales agency contract and thus had no standing to file this action, (2) the agency contract expired before performance, (3) the plaintiff “performed no useful work,” and (4) the record “cannot support a judgment for anyone.” Each of these issues alleges that the trial court erred in failing to grant summary judgment.
Authoring Judge: Judge William H. Inman
Originating Judge:Judge Harold Wimberly |
Knox County | Court of Appeals | 03/03/98 | |
Scenic Helicopters, Inc., Scenic Helicopter Rides , Limited, v. City of Sevierville, Tennessee
03A01-9709-CH-00439
This complaint sought a writ of mandamus to require the City to issue a sign permit, or, alternatively, to review the action of the City in denying the application for a permit. The Chancellor found that the action of the Board of Zoning Appeals in denying the permit was arbitrary and ordered the issuance of the permit. We affirm.
Authoring Judge: Senior Judge William H. Inman
Originating Judge:Judge Chester S. Rainwater, Jr. |
Sevier County | Court of Appeals | 03/03/98 | |
David E. Lind, et ux. Myra Gwinn Lind, v. Allen M. Well, Clyde N. Well, and Aster Vance Webb
03A01-9710-CH-00473
In this boundary line dispute the defendants appeal from a judgment in favor of plaintiffs, insisting that the evidence established their right to the disputed area by adverse possession.
Authoring Judge: Judge Herschel P. Franks
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Knox County | Court of Appeals | 03/02/98 | |
Harold P. Cousins, D/B/A Cousins Construction, v. MK Ferguson of Oak Ridge Company
03A01-9709-CV-00435
This is an action to recover profits the plaintiff contractor alleges he would have made had he been allowed to construct an additional four warehouses similar in design and usage to a fifth warehouse he constructed and for which he was paid.
Authoring Judge: Senior Judge WIlliam H. Inman
Originating Judge:Judge James B. Scott, Jr. |
Court of Appeals | 03/02/98 | ||
Sandra Sanders v. David W. Lanier and State of Tennessee - Concurring
02S01-9706-CH-00060
The issue with which we are confronted is whether the State may be liable to a county employee for employment discrimination under the Tennessee Human Rights Act ("THRA") when the county employee is under the supervision of a state judge who commits quid pro quo sexual harassment against the county employee. The trial court answered the question in the negative holding that the State was not the plaintiff's employer under the THRA. The Court of Appeals reversed and held that the THRA imposed liability on the State under an economic realities test. For the reasons set forth in this opinion, we affirm as modified the appellate court's reversal of the trial court's judgment.
Authoring Judge: Justice Janice M. Holder
Originating Judge:Judge William H. Inman |
Dyer County | Supreme Court | 03/02/98 | |
Page G. Stuart v. State of Tennessee, Dept. of Safety
01-S-01-9612-CH-00239
During a wide-ranging investigation, law enforcement officers located and seized several items of property thought to be used in the conduct of an illegal drug enterprise. Criminal charges followed the several seizures, and Page Stuart, the appellant, pleaded guilty to offenses involving delivery and conspiracy to deliver large quantities of marijuana. The State thereafter instituted administrative proceedings under Tenn. Code Ann. § 53-11-201 et seq. (1991 & Supp. 1992) for the forfeiture of the property seized. Although Stuart challenged the forfeiture of some of the property,1 he was not successful, and both the Chancery Court and the Court of Appeals upheld the forfeiture. We granted Stuart’s application for review under Rule 11
Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:Chancellor Irvin H. Gilcrease, Jr. |
Davidson County | Supreme Court | 03/02/98 | |
Toby Hedgecoth v. Harold Moore & Assocs.
01S01-9702-CV-00033
Authoring Judge: William S. Russell, Retired Judge
Originating Judge:Hon. |
Maury County | Workers Compensation Panel | 03/02/98 | |
John W. Gray, Iii v. Gray and Williams, Inc., et al
02S01-9706-CH-00054
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. 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 trial judge awarded the plaintiff 6 percent permanent partial disability. The defendants say the evidence presented at trial preponderates against the trial court's award of 6 percent permanent partial disability to the plaintiff's body as a whole as a result of his work related accident. We affirm the judgment of the trial court.
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. Neal Small, |
Shelby County | Workers Compensation Panel | 03/02/98 |