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| State vs. Jack Welch
W1999-00860-CCA-R3-PC
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:J. Steven Stafford |
Dyer County | Court of Criminal Appeals | 06/20/00 | |
| Homer Ernest Weeks, III vs. Kristina Lea Corbitt
E1999-02698-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Bill Swann |
Knox County | Court of Appeals | 06/20/00 | |
| State of Tennessee v. Jeffrey Antwon Burns
M1999-01830-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Originating Judge:Timothy L. Easter |
Williamson County | Court of Criminal Appeals | 06/20/00 | |
| State vs. Owens
W1997-00237-SC-R11-CD
Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:Joseph B. Dailey |
Shelby County | Supreme Court | 06/20/00 | |
| In the matter of B.B.
M1999-00643-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Burton D. Glover |
Davidson County | Court of Appeals | 06/20/00 | |
| John Paul Seals v. State of Tennessee
E1998-00367-SC-R11-PC
Authoring Judge: Justice E. Riley Anderson
Originating Judge:James E. Beckner |
Hamblen County | Supreme Court | 06/20/00 | |
| Design Concept Corporation vs. Ralph Phelps, et ux
E1999-00259-COA-R9-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:W. Dale Young |
Blount County | Court of Appeals | 06/20/00 | |
| State vs. Clifford Douglas Peele
E1999-00907-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
|
Carter County | Court of Criminal Appeals | 06/20/00 | |
| James Earl Kirk, et al. vs. State
M1999-01369-CCA-OT-CO
In this interlocutory appeal the State raises the question of whether the Maury County Circuit Court, relying on Tenn. R. Crim. P. 5(a), erred by ordering that all proceedings in a case heard in general sessions court must be heard in the court closest to the location of the offense. It is the opinion of this Court that the plain language of Tenn. R. Crim. P. 5(a) controls the outcome of this case. The controversy in this case turns on the word "nearest" as used in the statute. A cursory reading of the statute could understandably lead one to believe that the term "nearest" was intended to convey geographic proximity. However, such a narrow reading of the word does not yield the desired result the Rule was intended to have, and cannot be read within the strict confines of the plain language set forth therein. The term "nearest" is broader in scope than mere geographical distance. It is the opinion of this Court that as used in Tenn. R. Crim. P. 5(a), "nearest" was intended to be analyzed temporally.
Authoring Judge: Judge John Everett Williams
Originating Judge:Jim T. Hamilton |
Maury County | Court of Criminal Appeals | 06/20/00 | |
| John Paul Seals v. State of Tennessee
E1998-00367-SC-R11-PC
Authoring Judge: Justice E. Riley Anderson
Originating Judge:James E. Beckner |
Hamblen County | Supreme Court | 06/20/00 | |
| State vs. Sheila Kay Cooper
E1999-00220-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:James B. Scott, Jr. |
Anderson County | Court of Criminal Appeals | 06/20/00 | |
| Jacob E. Warren v. American Holding Company d/b/a
M1999-00012-WC-R3-CV
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 a hearing and reporting of finding of fact and conclusions of law to the SupremeCourt. The sole issue on appeal is whether the trial court's award of 4 weeks of permanent total disability benefits is contrary to Tenn. Code Ann. _ 5-6-27(4)(A)(i), which cuts off permanent total benefits when the worker reaches 65 years of age provided the compensable injury occurred before the workerreached age 6. We hold that the trial court's award of 4 weeks exceeds the number of weeks payable under Tenn. Code Ann. _ 5-6-27(4)(A)(i). For the reasons set forth below, the judgment of the trial court is modified to reflect an award of 195 weeks of permanent total disability benefits. Tenn.R.App.P. 3 Appeal as of Right; Judgment of the Trial Court Modified TOM E. GRAY, SP. J.DROWOTA, J., in which FRANK F. DROWOTA, III, J. and SAMUEL L. LEWIS, SP. J., joined. Bryan Essary, Nashville, Tennessee, for the appellant, American Holding Company d/b/a Wilson Sporting Goods, and Lumbermens Mutual Casualty Company. Ronald Thurman, Cookeville, Tennessee, for the appellee, Jacob E. Warren. OPINION 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 a -2-
Authoring Judge: Tom E. Gray, Sp. J.Drowota, J.
Originating Judge:John J. Maddux, Jr., Judge |
Warren County | Workers Compensation Panel | 06/19/00 | |
| Cora B. Cantrell, et al vs. Knox County Board of Education, et al
E1999-01557-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Harold Wimberly |
Knox County | Court of Appeals | 06/19/00 | |
| Bean vs. Bean
M1999-01822-COA-R3-CV
In the appeal of this divorce case, the Court dismissed the appeal for failure of appellant to substantially comply with T.R.A.P. Rule 27 and Court of Appeals Rules 6 and 15.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Robert L. Holloway |
Lawrence County | Court of Appeals | 06/19/00 | |
| State vs. Dennis Ray Gilliland
M1997-00072-SC-R11-CD
Authoring Judge: Justice William M. Barker
Originating Judge:Allen W. Wallace |
Dickson County | Supreme Court | 06/19/00 | |
| State vs. Charles William Young
M1999-01240-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Originating Judge:W. Charles Lee |
Marshall County | Court of Criminal Appeals | 06/16/00 | |
| James R. Rosenthal, Sr. v. City of Dyersburg, et al.
W1999-02699-WC-R3-CV
This is an appeal by James R. Rosenthal, Sr., a police officer for the City of Dyersburg, Tennessee, who brought two suits against the City of Dyersburg and the Tennessee Municipal League Risk Management Pool for workers' compensation benefits. One suit was filed July 16, 1996, against the defendants alleging that the plaintiff had sick sinus syndrome that developed as a result of his employment for the City of Dyersburg. Another suit was filed on September 19, 1997, alleging that the plaintiff had vasodepressor syncope that grew out of his employment. In both cases, the plaintiff alleges that Tennessee Code Annotated _ 7-51-201, hereinafter quoted, is applicable. These two cases were consolidated for trial and treated by both parties and the trial judge as one case. The trial court found in favor of the defendants, holding that the plaintiff was permanently and totally disabled but that the evidence did not establish that Tennessee Code Annotated _ 7-51-201 was applicable. The court also found that the plaintiff failed to bear the burden of proof in establishing that he sustained an accidental injury growing out of and in the course of his employment. In his only issue, the plaintiff says that the trial court erred in holding that he is not entitled to the presumption of causation afforded by Tennessee Code Annotated _ 7-51-201. We find that the judgment of the trial court must be affirmed.
Authoring Judge: F. Lloyd Tatum, Senior Judge
Originating Judge:R. Lee Moore, Judge |
Dyer County | Workers Compensation Panel | 06/16/00 | |
| Cline vs. Cline
M1999-00811-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Donald P. Harris |
Williamson County | Court of Appeals | 06/16/00 | |
| State vs. Franklin Robert Bigsby
M1999-01887-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Originating Judge:James K. Clayton, Jr. |
Rutherford County | Court of Criminal Appeals | 06/16/00 | |
| McRedmond vs. Estate of Andrew Marianelli
M1999-00321-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 06/16/00 | |
| Skinner vs. Bell
M1999-02078-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:James E. Walton |
Montgomery County | Court of Appeals | 06/16/00 | |
| Sandra Warren v. American Alliance Insurance
W1999-02695-WC-R3-CV
This is an appeal by the employer, Premier Manufacturing Corporation, and its insurer, American Alliance Insurance Company, from an award in favor of the plaintiff, Sandra Warren, based upon a finding that the plaintiff had a work-related permanent partial disability of 39 percent to the body as a whole. The trial court found that the plaintiff had pre-existing spondylolisthesis, which was asymptomatic until the work injury of April 23, 1998, and which was exacerbated and advanced to the point of making it symptomatic. The chancellor held that the two and one-half (2.5) times cap established in Tennessee Code Annotated _ 50-6-241(a)(1) applied in this case. In two issues, the defendant argues that: (1) the evidence preponderates against the trial court's finding that the plaintiff's injuries were compensable; and (2) the evidence preponderates against the trial court's holding that the plaintiff had a permanent partial vocational disability of 39 percent to the body as a whole. We find that the judgment of the trial court is affirmed as modified.
Authoring Judge: F. Lloyd Tatum, Senior Judge
Originating Judge:Joe C. Morris, Chancellor |
Warren County | Workers Compensation Panel | 06/16/00 | |
| State vs. Charles A. Dailey
M1999-01075-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Steve R. Dozier |
Davidson County | Court of Criminal Appeals | 06/16/00 | |
| Charles Clay Young vs. State
M1999-01365-CCA-R3-PC
Originating Judge:Leon C. Burns, Jr. |
White County | Court of Criminal Appeals | 06/16/00 | |
| Knox Loudon Corporation vs. Town of Farragut
E2000-00174-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 06/16/00 |