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| 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 | |
| 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 | |
| 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 | |
| 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 | |
| M1999-01699-COA-R12
M1999-01699-COA-R12
|
Court of Appeals | 06/15/00 | ||
| Deborah Smit v. Piccadilly Cafeteria, Inc.
03S01-9903-CV-00035
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated _ 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 application of this standard requires this Court to weigh in more depth the factual findings and conclusions of the trial courts in workers' compensation cases. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). The trial court found the plaintiff sustained an accidental injury_repetitive stress injury to the rotator cuff of her right shoulder_while in the course and scope of her employment rendering her unable to work as of August 5, 1997, and that the defendant received timely notice of the injury on January 19, 1998. The trial court set the plaintiff's workers' compensation benefit at $257.83 per week and found a 66% permanent partial disability to the body as a whole. The trial court further awarded temporary total disability benefits for 68 weeks and 3 days, medical expenses of $11,711.98, discretionary costs of $1,56.8, and 2% of the plaintiff's attorney fees. We affirm the judgment of the trial court.
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. R. Jerry Beck |
Smith County | Workers Compensation Panel | 06/15/00 | |
| State vs. Nick Holscher
M1999-00448-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Originating Judge:Seth W. Norman |
Davidson County | Court of Criminal Appeals | 06/15/00 | |
| In the Matter of C.D.B., S.S.B. & S.E.B.
M2000-00232-COA-R3-CV
This case involves the termination of parental rights. Upon a petition filed by the Tennessee Department of Children's Services, the Montgomery County Juvenile Court entered a final decree terminating the Appellant's parental rights.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:L. Raymond Grimes |
Montgomery County | Court of Appeals | 06/15/00 | |
| State of Tennessee v. Stacey L. Spiceland
M1999-02529-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Originating Judge:Timothy L. Easter |
Williamson County | Court of Criminal Appeals | 06/15/00 | |
| Allen vs. Allen
M1999-00748-COA-R3-CV
In this divorce case, Husband appeals the trial court's decree as it deals with the division of the marital property (including an award to Wife a part of military retirement), alimony, and child support. We affirm as modified.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Carol A. Catalano |
Davidson County | Court of Appeals | 06/14/00 | |
| Jeffrey Lynn Cravens vs. State
E1999-00385-CCA-R3-PC
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Rex Henry Ogle |
Grainger County | Court of Criminal Appeals | 06/14/00 | |
| Neely vs. McDonald
M2000-00099-COA-R3-CV
This appeal involves a negligence claim asserted against two members of the Nashville Metropolitan Police Department. The Davidson County Circuit Court dismissed the case on the grounds the action was precluded by the Tennessee Governmental Tort Liability Act.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Thomas W. Brothers |
Davidson County | Court of Appeals | 06/14/00 | |
| Ward vs. Turner
M1999-00719-COA-R3-CV
This appeal arises out of a custody dispute between maternal and paternal grandparents. The issue of custody arose after the children's parents were killed in an automobile accident. The Overton County Circuit Court reversed the judgment of the juvenile court and awarded custody to the maternal grandparents.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Vernon Neal |
Overton County | Court of Appeals | 06/14/00 | |
| Bryant vs. Bryant
M1999-01280-COA-R3-CV
Petitioners filed a petition to terminate the parental rights of the biological father and for adoption of two minor children based on abandonment by the father. On the first appeal, this Court reversed the trial court's order denying termination of parental rights and remanded the case for the trial court to determine whether the termination of parental rights is in the best interest of the children. The trial court found that termination of parental rights is in the best interest of the children and granted the adoption. Father has appealed.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 06/14/00 | |
| Antonio Sweatt vs. Fred Raney
W1999-02458-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:R. Lee Moore Jr. |
Lake County | Court of Appeals | 06/14/00 | |
| TN Medical Association, et al vs. TN Board of Dentistry, et al
M1999-02279-COA-R3-CV
This is an appeal of an administrative decision involving the Tennessee Dental Practice Act. A licensed dentist petitioned the Tennessee Board of Dentistry to declare that he had the right under his dental license to perform various cosmetic procedures involving the face and neck, such as face lifts and nose jobs. The petition was granted and the Board of Dentistry issued a declaratory order that the petitioning dentist could perform such cosmetic procedures. The Appellees, including the Tennessee Medical Association, petitioned the Chancery Court to review the Board of Dentistry's decision. The Chancery Court reversed the Board of Dentistry's decision, finding that the Board had improperly expanded the practice of dentistry beyond what the legislature intended and that its decision was not supported by substantial and material evidence. On appeal, we affirm, finding that the Board's decision was contrary to the Dental Practice Act.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 06/14/00 | |
| Howse vs. Johnson
M1998-00513-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 06/13/00 | |
| Lee Warehouse LP by Warehouses, Inc. vs. Jepco Construction
E1999-01944-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:W. Frank Brown, III |
Hamilton County | Court of Appeals | 06/13/00 | |
| U. S. Fidelity & Guaranty vs. Waco Contractors, Inc.
E2000-00159-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Originating Judge:John B. Hagler, Jr. |
Monroe County | Court of Appeals | 06/13/00 | |
| Rebound Care Corp. vs. Universal Constructors
M1999-00868-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 06/13/00 | |
| Linda Harris v. American Bread Company
M1998-00611-SC-WCM-CV
This case is before the Court upon motion for review pursuant to Tenn. Code Ann._ 50-6-225(e)(5)(B), the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference;
Authoring Judge: Per Curiam
|
Davidson County | Workers Compensation Panel | 06/13/00 | |
| State vs. Antonio Jackson
W1999-00712-CCA-R3-CD
The defendant appeals his convictions for facilitation of first degree murder and especially aggravated kidnapping. He raises issues regarding the sufficiency of the evidence relative to accomplice testimony, the competency of a witness, the exhibition of the victim's skull to the jury, and the failure to merge the convictions for due process and double jeopardy purposes. We affirm the trial court.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:James C. Beasley, Jr. |
Shelby County | Court of Criminal Appeals | 06/13/00 | |
| Zurich-American Insurance Company v. Claudia Mosley
M1998-00886-SC-WCM-CV
This worker's compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. Randall Lloyd appeals an award of 25 percent to the body as a whole as inadequate. We agree and modify the award.
Authoring Judge: Carol L. Mccoy, Special Judge
Originating Judge:Hon. Ellen Hobbs Lyle |
Davidson County | Workers Compensation Panel | 06/13/00 | |
| Brake vs. Brake
M1997-00007-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Robert W. Wedemeyer |
Robertson County | Court of Appeals | 06/13/00 |