APPELLATE COURT OPINIONS

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Claude Willis v. Lola Mae Willis

W1999-01537-COA-R3-CV

This appeal arises from a dispute between Plaintiff Claude Willis and Defendant Lola Mae (Wright) Willis regarding the terms of their divorce. The trial court granted an absolute divorce to Ms. Wright,1 divided the parties’ marital property, allocated the parties’ marital debt, and awarded Ms. Wright alimony in solido, alimony in futuro, and attorney’s fees. On appeal, Mr. Willis argues that the trial court’s division of marital property and allocation of marital debt are inequitable, and that, assuming an award of alimony is appropriate in the case at bar, the court should have awarded Ms. Wright rehabilitative alimony rather than alimony in futuro. Additionally, Ms. Wright requests on appeal that her award of attorney’s fees be designated as alimony. We affirm the ruling of the trial court; however, we modify the court’s ruling to reflect that attorney’s fees are awarded to Ms. Wright as alimony.

Authoring Judge: Judge David R. Farmer
Originating Judge:Chancellor Ron E. Harmon
Benton County Court of Appeals 05/03/00
Venessa Lynn Totty v. Michael Alan Totty

W1999-02426-COA-R3-CV

This appeal involves a dispute regarding a final decree of divorce entered in the Shelby County
Circuit Court. The Husband appeals the trial court’s order claiming error in several aspects of the
decision, including the determination as to his alimony obligation.

Authoring Judge: Judge Alan E. Highers
Originating Judge:Judge Kay S. Robilio
Shelby County Court of Appeals 05/02/00
State of Tennessee v. Carlos C. Beasley

W1999-00426-CCA-R3-CD

The appellant, Carlos C. Beasley, referred herein as “the defendant,” appeals as of right from a conviction for especially aggravated robbery by a Shelby County jury. The same jury found the defendant guilty of voluntary manslaughter, from which the defendant does not appeal. The Shelby County Criminal Court imposed a sentence of twenty-five (25) years for especially aggravated robbery in the Department of Correction. The defendant presents two appellate issues: 1) whether the evidence is sufficient for a rational trier of fact to find that every element of especially aggravated robbery has been proven beyond a reasonable doubt; and 2) whether the record shows that the trial court in its capacity as thirteenth (13th) juror failed to independently weigh the evidence upon consideration of the motion for a new trial.

Authoring Judge: Judge David G. Hayes
Originating Judge:Judge James C. Beasley, Jr.
Shelby County Court of Criminal Appeals 05/02/00
State of Tennessee v. Leon Goins

W1999-00157-CCA-R3-CD

A jury found the defendant guilty of selling 0.5 grams of cocaine, a Schedule II controlled substance.  He received a 15 year sentence as a Range II offender, consecutive to a prior felony. The defendant asserts error in allowing the state’s expert witness to testify to the aggregate weight of cocaine sold, when the witness did not test every particle of the submitted evidence. The defendant further asserts error in the trial court’s admitting a video tape of the sale and in the trial court’s sentencing. The judgment from the trial court is affirmed.

Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Russell Lee Moore, Jr.
Dyer County Court of Criminal Appeals 05/02/00
State of Tennessee v. Roy D. Nelson

E1997-00021-SC-R11-CD

This is an appeal from the Criminal Court for Washington County which convicted the
defendant of aggravated arson. The defendant appealed and argued that the aggravated arson statute applies only when an individual other than the arsonist sustains serious bodily injuries. Accordingly, because he was the individual who sustained serious bodily injuries, the defendant contended that the aggravated arson statute was inapplicable. The Court of Criminal Appeals affirmed the judgment of the trial court, and we granted the defendant’s application for permission to appeal. We hold that where a defendant sustains serious bodily injuries as the result of an arson he or she committed, that defendant may be convicted of aggravated arson pursuant to Tennessee Code Annotated section 39- 14-302(a)(2) (1997). Accordingly, we affirm the judgments of the trial court and the Court of Criminal Appeals.

Authoring Judge: Justice William M. Barker
Originating Judge:Judge Lynn W. Brown
Knox County Supreme Court 05/02/00
Donald E. Griffin v. Shelter Mutual Insurance Company

M1997-00042-SC-R11-CV

The appellant, Donald E. Griffin, brought suit seeking damages for injuries he sustained when his vehicle was struck from the rear in Maury County by a car driven by Richard Vaughn. After obtaining a judgment against Vaughn in the amount of $225,000, Griffin learned that Vaughn had only $50,000 of liability insurance coverage. Griffin then requested that his uninsured motorist carrier, the appellee Shelter Mutual Insurance Company (“Shelter”), pay the remainder of the judgment up to its policy limit of $100,000. When Shelter refused the claim, Griffin brought this action against Shelter in the Chancery Court for Davidson County. The Chancellor granted summary judgment to Shelter, finding that Griffin had failed to comply with the notice provisions of the insurance policy and with the service provisions of Tenn. Code Ann. § 56-7-1206(a). The Court of Appeals agreed that Griffin had failed to comply with the service provisions of Tenn. Code Ann. § 56-7-1206(a) and thus affirmed the grant of summary judgment in favor of Shelter. This Court thereafter granted Griffin’s application for permission to appeal. Tenn. R. App. P. 11 Appeal by Permission from the Court of Appeals to the Supreme Court; Judgment of the Court of Appeals Affirmed DROWOTA, J.,

Authoring Judge: Justice Frank F. Drowota, III
Originating Judge:Chancellor Carol L. McCoy
Davidson County Supreme Court 05/01/00
Kenneth L. Storey v. Randall E. Nichols, et al.

E1998-00851-SC-R3-CV

The dispositive issue in this case is whether an appeal as of right from a trial court’s judgment in an attorney-disciplinary proceeding initiated pursuant to Tenn. Code Ann. §§ 23-3-201–2041 lies in the Court of Appeals or in the Supreme Court. Because we hold that jurisdiction over an appeal as of right in a statutory disciplinary proceeding lies in the Court of Appeals, we reverse the intermediate appellate court’s order transferring the case to the Supreme Court, and we transfer the case to the Court of Appeals for its review on the merits. Tenn. R. App. P. 3; Transfer Order of the Court of Appeals Reversed; Case Transferred to Court of Appeals
 

Authoring Judge: Justice Janice M. Holder
Originating Judge:Chancellor David H. Cate
Knox County Supreme Court 05/01/00
Trebing vs. Fleming Companies

M1999-00473-COA-R3-CV
Authoring Judge: Judge William B. Cain
Originating Judge:Barbara N. Haynes
Davidson County Court of Appeals 04/28/00
State of Tennessee v. Donald Curtis Reid

01C01-9903-CR-00077

Originating Judge:J. Randall Wyatt, Jr.
Davidson County Court of Criminal Appeals 04/28/00
Karen Mundy vs. James Mundy

E1999-02697-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:John B. Hagler, Jr.
Bradley County Court of Appeals 04/28/00
Clifford Taylor vs. State, et al

M1999-02418-COA-R3-CV
An inmate of the Tennessee Department of Correction sought a declaratory judgment that the Department had incorrectly calculated his sentence. The trial court dismissed the petition, finding no improper calculation. We affirm.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Carol L. Mccoy
Davidson County Court of Appeals 04/28/00
Rocky Lee Coker vs. TN Dept. of Correction

M1999-02268-COA-R3-CV
An inmate in the custody of the Tennessee Department of Correction filed a petition for a declaratory judgment, claiming that his sentence reduction credits had been improperly calculated and that his "safety valve" release date had been wrongly cancelled. The trial court granted the state's motion for summary judgment and the petitioner appeals. We affirm.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Carol L. Mccoy
Davidson County Court of Appeals 04/28/00
State vs. Samuel D. Land

M1999-01023-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Originating Judge:Timothy L. Easter
Williamson County Court of Criminal Appeals 04/28/00
State vs. Robert Bassett Brown

M1999-00867-CCA-R3-CD
Authoring Judge: Judge William B. Acree
Originating Judge:J. Randall Wyatt, Jr.
Davidson County Court of Criminal Appeals 04/28/00
Groner vs. On-Site Grading

E1999-00219-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Howell N. Peoples
Hamilton County Court of Appeals 04/28/00
Lewis vs. Caputo

E1999-01182-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:W. Frank Brown, III
Hamilton County Court of Appeals 04/28/00
Brown vs. Bd. of Professional Responsibility

E1999-02636-SC-R3-CV
Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:Howell N. Peoples
Hamilton County Supreme Court 04/28/00
State vs. Larry Brumit

M1999-00154-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Originating Judge:James K. Clayton, Jr.
Rutherford County Court of Criminal Appeals 04/28/00
Trebing vs. Fleming Companies

M1999-00473-COA-R3-CV
Authoring Judge: Judge William B. Cain
Originating Judge:Barbara N. Haynes
Davidson County Court of Appeals 04/28/00
Penny Sue Mincy v. Charles David Mincy, Sr.

E1999-02304-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:William R. Brewer
Blount County Court of Appeals 04/28/00
Jabari Mandela vs. Jim Rose, et al

M1999-02552-COA-R3-CV
The trial court summarily dismissed the plaintiff pro se prisoner's complaint for lack of jurisdiction before service of process was had or response filed. Based on the record before us, we reverse.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Stella L. Hargrove
Wayne County Court of Appeals 04/28/00
Beaman Pontiac vs. Gill

M1999-00666-COA-R3-CV
Authoring Judge: Judge William B. Cain
Originating Judge:Carol L. Soloman
Davidson County Court of Appeals 04/28/00
State vs. Halley Thompson

W2000-00315-CCA-RM-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:John Franklin Murchison
Chester County Court of Criminal Appeals 04/27/00
State vs. Jerry Ray Chandler

M1999-00543-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Originating Judge:Cornelia A. Clark
Hickman County Court of Criminal Appeals 04/27/00
Bank of Gleason vs. Weakley Farmers

W1999-02161-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:William B. Acree
Weakley County Court of Appeals 04/27/00