APPELLATE COURT OPINIONS

In Re: Petition of Danny Blankenship Bonding Company

01C01-9505-CR-00135

The appellant, Danny A. Blankenship, doing business as Danny Blankenship Bonding Company, sought permission from the trial court to write bail bonds in Sumner County. The proposed resident representative of the company in Sumner County was the appellant, Glen M. Davis. In the event Davis was not available to write a bond, the proposed substitute was Richard L. Gregory, an employee of the bonding company and also an appellant in this case. The trial court denied the application because Blankenship did not possess sufficient personal assets to support his company’s writing of bail bonds in the general sessions and criminal courts of Sumner County. The appellants appeal as of right from this judgment. Since the evidence supports the findings made by the trial court, the judgment is affirmed.

Authoring Judge: Presiding Judge Joe B. Jones
Originating Judge:Judge Jane W. Wheatcraft
Sumner County Court of Criminal Appeals 07/05/96
State of Tennessee v. Bobby Love

01C01-9306-CC-00190

Appellant, Bobby Love, was convicted in Maury County Circuit Court of the crime of aggravated assault, a Class C felony, by a jury. The trial court found that appellant was a standard offender and imposed a Range I sentence of confinement for six years in the Department of Correction and ordered restitution to the victim.

Authoring Judge: Judge C. Creed McGinley
Originating Judge:Judge James L. Weatherford
Maury County Court of Criminal Appeals 07/05/96
Patricia Gobel v. Estate of Rupert Newman, Deceased

01A01-9601-PB-00040

The Probate Court of Putnam County dismissed a claim against the estate of Rupert O. Newman because the claimant lacked standing to make the claim. We affirm.

Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Judge Bill Baird Griffith
Putnam County Court of Appeals 07/03/96
Comprehensive Engineering Assistance Association, Inc., v. State of Tennessee, Department of Labor and Al Bodie, Commissioner of the Department of Labor, in his official capacity

01A01-9602-CH-00055

The captioned plaintiff has appealed from an order of the Trial Court reading as follows: This matter came to be heard on June 2, 1995, upon the motion to dismiss filed on behalf of the defendants, Tennessee Department of Labor and Al Bodie, Commissioner of the Tennessee Department of Labor. Upon consideration of the pleadings filed and the argument of counsel, the Court finds that this matter should be dismissed on the basis that the Court lacks jurisdiction as the petition for judicial review was not filed within sixty days of the final agency action as required by T.C.A. §4-5-322. Therefore, it is hereby ORDERED that the defendants’ motion to dismiss is GRANTED. Costs shall be taxed to the petitioner. On appeal, plaintiff presents a single issue as follows: Did the Chancery Court err in dismissing this matter for lack of jurisdiction on the basis that the complaint was not timely filed?

Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Christina Norris Pro Tempore
Davidson County Court of Appeals 07/03/96
Evelyn June Thomason, v. The Metropolitan Government of Nashville and Davison County

01A01-9602-CV-00067

The plaintiff, Evelyn June Thomason, has appealed from a summary judgment
dismissing her suit against the defendant, Metropolitan Government of Nashville and
Davidson County, Tennessee, for personal injuries sustained in a fall on the premises of the
Lentz Health Center, a facility owned and managed by the defendant.

Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Judge Barbara N. Haynes
Davidson County Court of Appeals 07/03/96
James R. Tully, Jr., v. USA Wireless, Inc., PMT Investments, Inc., and Patrick M. Thompson, in both his individual and corporate capacity

01A01-9601-CH-00031

The issues in this appeal are (1) whether the chancellor erred in granting a judgment against a corporation for back wages, (2) whether the chancellor should have pierced the corporate veil and granted a judgment against the corporation’s principal shareholder and (3) whether the court erred in dismissing the fraud claims against the principal shareholder. We affirm the chancellor’s decision in part and reverse on the fraud claims made directly against the principal shareholder.

Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Chancellor Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 07/03/96
Daniel B. Taylor v. State of Tenneessee - Concurring

02A01-9508-BC-00229

Daniel P. Taylor (“claimant”) filed this suit against the State of Tennessee (?defendant” or “State”) in the Tennessee Claims Commission for damages he allegedly sustained due to the malpractice of his court- appointed attorney. The Claims Commission granted defendant’s motion to dismiss for lack of subject matter jurisdiction. The sole issue presented by this appeal is whether the commissioner erred in so doing. We find no error and affirm.

Authoring Judge: Judge Hewitt P. Tomlin, Jr.
Originating Judge:Judge Martha Brasfield
Shelby County Court of Appeals 07/03/96
Robert Dale Cobb, v. Douglas R. Beier - Dissenting

03A01-9602-CV-00051

While I concede tha the majority opinion is technically correct and the reasoning employed comports with previous case law, I observe that this Court, or at least this member of this Court, has routinely overruled such motions when the only defect as to the serviceof thenotice of appeal is failure to file a copy with the Clerk of this Court.

 

Authoring Judge: Presiding Judge Houston M. Goddard
Originating Judge:Judge John K. Wilson
Court of Appeals 07/03/96
Robert Dale Cobb v. Douglas R. Beier - Concurring

03A01-9602-CV-00051

The determinative issue on appeal is whether the appeal should be dismissed because the appellant did not file notice of the appeal with the clerk of the appellate court designated in the notice of appeal.

Authoring Judge: Judge Herschel P. Franks
Originating Judge:Judge John K. Wilson
Hamblen County Court of Appeals 07/03/96
Robert Dale Cobb, v. Douglas R. Beier

03A01-9602-CV-00051

The determinative issue on appeal is whether the appeals should be dismissed because the appellant did not file notice of the appeal with the clerk of the appellant court designated in the notice of appeal.

Authoring Judge: Judge Herschel Pickens Franks
Originating Judge:Judge John K. Wilson
Hamblen County Court of Appeals 07/03/96
Ernest White Patton, III, v. Linda Harvey Patton

03A01-9601-CH-00001

In this divorce action, the husband appeals from the Trial Court's determination of the classificatin of property as marital property and the division of the marital estate.

Authoring Judge: Presiding Judge Herschel Pickens Franks
Originating Judge:Chancellor R. Van Owens
Court of Appeals 07/03/96
State of Tennessee, v. Daniel G. Hampton

03C01-9503-CR-00107

The appellant, Daniel G. Hampton, was convicted of driving under the influence, second offense, a Class A misdemeanor, two counts of driving on a revoked license, Class B misdemeanors, and violation of the implied consent law by a jury of his peers. The trial court sentenced the appellant to eleven months and twenty-nine days in the Carter County Jail with all but seventy days suspended for the driving under the influence, second offense; six months suspended in the Carter County Jail for driving on a revoked license on April 9, 1994 which was ordered to run concurrently with the other sentences; and six months in the Carter County Jail with all but twenty days suspended for driving on a revoked license on April 1, 1994 which was ordered to run consecutively to the driving under the influence, second offense conviction.

Authoring Judge: Presiding Judge Joe B. Jones
Originating Judge:Judge Lynn W. Brown
Carter County Court of Appeals 07/03/96
In Re the Estate of Howard D. Smith, Deceased, Shaun Murray, v. Jennie C. Smith, Individually and as Conservator for Howard D. Smith and Western Surety Co., Manufacturer

02A01-9503-CH-00055

This case involves an alleged breach of fiduciary duty by the conservator of an estate. After a bench trial, the trial court held that the plaintiff had failed to prove a breach of fiduciary duty. We find that the trial court misapplied the burden of proof and reverse the trial court’s decision.

Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Chancellor George R. Ellis
Gibson County Court of Appeals 07/02/96
02C01-9402-CR-00023

02C01-9402-CR-00023

Originating Judge:William H. Russell
Madison County Court of Criminal Appeals 06/28/96
02C01-9511-CC-00332

02C01-9511-CC-00332

Originating Judge:Whit A. Lafon
Madison County Court of Criminal Appeals 06/28/96
01A01-9511-CV-00502

01A01-9511-CV-00502

Originating Judge:Barbara N. Haynes
Davidson County Court of Appeals 06/28/96
02C01-9505-CR-00134

02C01-9505-CR-00134

Originating Judge:Joseph B. Brown
Shelby County Court of Criminal Appeals 06/28/96
01A01-9510-CH-00486

01A01-9510-CH-00486

Originating Judge:Don R. Ash
Rutherford County Court of Appeals 06/28/96
01A01-9511-CH-00533

01A01-9511-CH-00533

Originating Judge:C. Allen High
Davidson County Court of Appeals 06/28/96
02C01-9505-CR-00134

02C01-9505-CR-00134

Originating Judge:Joseph B. Brown
Shelby County Court of Criminal Appeals 06/28/96
01A01-9510-CV-00462

01A01-9510-CV-00462

Originating Judge:Marietta M. Shipley
Davidson County Court of Appeals 06/28/96
02C01-9509-CR-00254

02C01-9509-CR-00254

Originating Judge:Joseph B. Dailey
Shelby County Court of Criminal Appeals 06/28/96
01A01-9511-CV-00502

01A01-9511-CV-00502
Davidson County Court of Appeals 06/28/96
02C01-9511-CC-00332

02C01-9511-CC-00332

Originating Judge:Whit A. Lafon
Madison County Court of Criminal Appeals 06/28/96
01A01-9511-CV-00504

01A01-9511-CV-00504

Originating Judge:Muriel Robinson
Davidson County Court of Appeals 06/28/96