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| Lawrence Strickland vs. State
E1999-00119-CCA-R3-CD
Originating Judge:E. Eugene Eblen |
Roane County | Court of Criminal Appeals | 04/12/00 | |
| Lipscomb vs. Doe
W1997-00132-SC-R11-CV
Authoring Judge: Justice William M. Barker
Originating Judge:D'Army Bailey |
Shelby County | Supreme Court | 04/11/00 | |
| Ford vs. Humphres
M1999-00423-COA-R3-CV
This appeal involves a dispute over the estate of Ms. Thelma Humphres, who was found by the trial court to have died intestate owning a one-half interest in her home and the approximately twenty acres on which it was locataed. She also owned some personal items which sold for $1,355.50. Appellant, Joy Ford, one of Ms. Humphres eight children, believed that Ms. Humphres had executed a will leaving her mother's entire one-half interest in the home and property to her. Ms. Ford objected to the administration of her mother's estate by her brother, Appellee, Danny Humphres, and attempted to prove a lost will. Ms. Ford failed to prove a lost will, and the property was subsequently sold to pay the estate's debts. As Ms. Ford owned the other one-half interest in her mother's property, she objected to the sale of this property. She also objected to the allocation of costs and fees related to the sale and the general administration of her mother's estate. All of her objections were overruled. She now appeals the trial court's actions in these matters. We affirm the trial court.
Authoring Judge: Judge William B. Cain
Originating Judge:John W. Rollins |
Coffee County | Court of Appeals | 04/11/00 | |
| Scotty Bailes Builder v. Allen H. Davis
03S01-9904-CH-00046
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)(1) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The issue before us is whether the Plaintiff, Scotty Bailes doing business as Scotty Bailes Builder, and Defendant, Allen Davis, agreed for Mr. Davis to have workers' compensation coverage during the roofing job in question. We think they did not and thus affirm. In November 1996, Mr. Davis, a subcontractor, heard that Mr. Bailes, a general contractor, needed a roofer. After meeting with Mr. Bailes, Mr. Davis prepared a proposal, and the parties met on November 13, 1996, although what occurred at this meeting is disputed by the parties. Mr. Davis contends that he, along with two other men, met with Mr. Bailes, but Mr. Davis asserts that he was never asked to sign a form indicating that he did not desire workers' compensation coverage until after his injury. However, Mr. Bailes argues that Mr. Davis, a subcontractor, met with him and his assistant, and Mr. Davis verbally declined workers' compensation coverage for himself, although Mr. Bailes explained that he was required to obtain workers' compensation coverage for Mr. Davis's employees. Mr. Bailes insists that he repeatedly attempted to obtain from Mr. Davis the proper paperwork
Authoring Judge: Houston M. Goddard, Special Judge
Originating Judge:Hon. Telford E. Forgety, Jr. |
Knox County | Workers Compensation Panel | 04/11/00 | |
| Lipscomb vs. Doe
W1997-00132-SC-R11-CV
Authoring Judge: Justice William M. Barker
Originating Judge:D'Army Bailey |
Shelby County | Supreme Court | 04/11/00 | |
| State vs. Chalmers
W1997-00174-SC-DDT-DD
Authoring Judge: Justice Janice M. Holder
Originating Judge:Carolyn Wade Blackett |
Shelby County | Supreme Court | 04/11/00 | |
| W1999-02682-COA-R9-CV
W1999-02682-COA-R9-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Walter L. Evans |
Shelby County | Court of Appeals | 04/11/00 | |
| State vs. Beauregard
W1997-00060-SC-R11-CD
In this appeal, we consider whether the constitutional principle of either double jeopardy or due process is violated and therefore bars separate convictions for both rape and incest when the offenses arise from a single act committed against the same victim. The Court of Criminal Appeals affirmed the defendant's convictions for rape and incest. After our review of the record and applicable authorities, we conclude that the separate convictions for rape and incest did not violate double jeopardy principles under the United States or Tennessee Constitutions because the offenses require different elements, different evidence, and have different purposes. We also conclude that the convictions for rape and incest did not violate due process under the United States or Tennessee Constitutions because neither offense was "essentially incidental" to the other. Accordingly, we affirm the judgment of the Court of Criminal Appeals.
Authoring Judge: Justice E. Riley Anderson
Originating Judge:Jon Kerry Blackwood |
Hardeman County | Supreme Court | 04/11/00 | |
| State vs. Chalmers
W1997-00174-SC-DDT-DD
Authoring Judge: Justice Janice M. Holder
Originating Judge:Carolyn Wade Blackett |
Shelby County | Supreme Court | 04/11/00 | |
| Annette Burnett v. Goody's Family Clothing, Inc.
03S01-9904-CV-00044
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. The employer, Goody's Family Clothing, Inc., has appealed from the action of the trial court in awarding the employee, Annette Burnett, 6% permanent partial disability to the body as a whole. The employer raises several issues on appeal. The primary issue is whether the expert medical evidence is sufficient to establish that plaintiff's physical condition resulted from an incident or activity at work. Other issues are whether the trial court was in error in holding proper notice of injury was rendered and whether the court properly exceeded the 2 _ times cap under T.C.A. _ 5-6-241(a)(1). Plaintiff was 49 years of age and had completed the 9th grade. She later obtained a G.E.D. certificate. She became employed by Goody's in 1996 and was employed as a "tagger" which involved placing price tags on clothing for retail sale. On May 12, 1997, she was standing on a stool tagging clothing when she unintentionally stepped off of the stool. She testified she attempted to grab a pole but missed it and she immediately felt pain in her left leg from the groin down.1 She described the pain as mild something like a cramp. She reported the incident to her supervisor and helped complete an accident report. She declined to seek medical attention thinking it was unnecessary. She continued to work and said the pain would leave and return over the next two months. She stated that during July 1997 the pain became more severe and began to spread into her hip and down her leg to her ankle. She saw her family doctor during August and received a cortisone shot which did not relieve her symptoms. Arrangements were made by her doctor to see an orthopedic surgeon. She continued to work until surgery was later performed during November 1997. On September 18, 1997, she was seen and examined by Dr. Paul H. Johnson, an orthopedic surgeon. He operated on her on November 12th and did a 1This is the only description of the incident at work. It is not clear whether she fell to the floor or caught herself and landed on her feet. 2
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. Dale C. Workman |
Knox County | Workers Compensation Panel | 04/11/00 | |
| Tennessee Roofing Corp. and Cna Insurance Co. v. Randall Lloyd
03S01-9902-CH-00016
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: Howell N. Peoples, Special Judge
Originating Judge:Hon. Daryl R. Fansler, |
Knox County | Workers Compensation Panel | 04/11/00 | |
| Gallatin Housing Authority vs. Carthage, et al
M1999-02041-COA-R3-CV
This appeal arises from a suit seeking damages under a theory of inverse condemnation by the Gallatin Housing Authority ("Plaintiff") against the Town of Carthage, Smith County, Tennessee ("Defendant"). The Plaintiff has appealed as to the Town of Carthage and Smith County although the issues on appeal are directed to the Town of Carthage only. The Town removed some curbing and grass from a small area located between a turnaround and the county jail and then paved the area. At trial, the court found that the Plaintiff failed to prove by a preponderance of the evidence that it owned the strip of land which it claimed was wrongfully expropriated by the Town and that even if the Plaintiff proved ownership, the Town properly took the land pursuant to a dedication to the Town on June 8, 1966. On appeal, the Plaintiff presents three issues: (1) whether the trial court erred in its factual finding that the Plaintiff failed to prove ownership of the land, (2) whether the trial judge erred as a matter of law in concluding that the dedication allowed the Town to expropriate the land, and (3) whether the trial court erred in failing to consider the totality of the circumstances surrounding the dedication where questions were raised as to the intentions of the grantor. For the reasons hereafter stated, we affirm the trial court and find this appeal to be frivolous.
Authoring Judge: Judge William B. Cain
Originating Judge:John D. Wootten, Jr. |
Smith County | Court of Appeals | 04/11/00 | |
| Beverly Bledsoe vs. Marion Bledsoe
W1999-01515-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:George R. Ellis |
Gibson County | Court of Appeals | 04/11/00 | |
| American National Property & Casualty Companies v. James E. Roberts, et al.
M1999-01572-COA-R3-CV
This appeal involves a coverage dispute between the driver of a rented van and his insurance company. Following a single-vehicle accident that killed one passenger and injured two others, the driver's insurance company denied coverage because the driver was not operating the van with its owner's permission. Thereafter, the insurance company filed a declaratory judgment action in the Chancery Court for Davidson County. The trial court denied the insurance company's motion for summary judgment after concluding that the term "owner" as it appeared in the policy was ambiguous. Thereafter, the trial court granted the driver's motion for summary judgment after concluding, as a matter of law, that he had been operating the rented van with the owner's permission. We have determined that the trial court should not have granted the driver a summary judgment because the record contains material factual disputes regarding whether the driver was operating the rented van with the owner's permission.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Ellen H. Lyle |
Davidson County | Court of Appeals | 04/11/00 | |
| Sammartano vs. Sammartano
M1999-00415-COA-R3-CV
In this divorce case, the defendant/wife appeals complaining of an inequitable division of marital assets, an inadequate award of rehabilitative alimony and the denial of attorney fees. As modified herein, we affirm the decision of the trial court
Authoring Judge: Judge William B. Cain
|
Williamson County | Court of Appeals | 04/10/00 | |
| Thomas Joiner vs. Dora Taylor Joiner
M1999-01721-COA-R3-CV
Wife appeals the conversion from a divorce from bed and board (now known as a "legal separation") to an absolute divorce, claiming the trial court was required to hold another evidentiary hearing concerning the support and property rights of the parties. The parties had ostensibly agreed to a final division of property at the time of the divorce from bed and board, and the trial court had held a later hearing regarding the fairness of the division and Wife's capacity to make such an agreement. Because we find that the trial court made "a final and complete adjudication of the support and property rights of the parties," as required by statute, when it incorporated the agreement of the parties at the time of the divorce from bed and board, we affirm the trial court.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Robert E. Burch |
Stewart County | Court of Appeals | 04/10/00 | |
| John J. Kobus v. Colonial Moving Company
M1999-00034-WC-R3-CV
This case is before the Court upon 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
|
Putnam County | Workers Compensation Panel | 04/10/00 | |
| State vs. Keough
W1997-00201-SC-DDT-DD
Authoring Judge: Justice E. Riley Anderson
Originating Judge:L. Terry Lafferty |
Shelby County | Supreme Court | 04/10/00 | |
| Douglas DuBois vs. Rosemary DuBois
M1999-00330-COA-R3-CV
Plaintiff/Appellant, Douglas Robert DuBois, and Defendant/Appellee, Rosemary Ann DuBois, are parents of two minor children, Caitlin Michel DuBois and Thomas Jackson DuBois. The Decree of Divorce was entered on November 5, 1998, following two days of trial that occurred on the 8th and 9th of October 1998. Both parties filed T.R.C.P. Rule 59 motions to alter or amend the final decree which, in effect, sought a redetermination by the trial judge of almost everything in issue. All of these motions were heard on May 12, 1999, after which, on June 15, 1999, the trial judge entered an order determinative of these Rule 59 motions. From this order, Plaintiff, Douglas Robert DuBois, appeals. We affirm the trial judge.
Authoring Judge: Judge William B. Cain
Originating Judge:John W. Rollins |
Coffee County | Court of Appeals | 04/10/00 | |
| Estate of John Acuff, Sr., et al vs. Brenda O'Linger
M1999-00680-COA-R3-CV
The singular dispositive question on this appeal is whether or not two deeds, purportedly executed by the late John E. Acuff, Sr., conveying certain property to Brenda O'Linger, bear the forged signature of John E. Acuff, Sr. An advisory chancery jury, acting under "preponderance of the evidence" instructions, held that the signatures were forged thereby voiding the two deeds. The chancellor adopted, without comment, the findings of the advisory jury and entered judgment for the plaintiffs voiding the two deeds. Defendant appeals and upon consideration of the record we reverse the chancellor.
Authoring Judge: Judge William B. Cain
Originating Judge:Jeffrey F. Stewart |
Marion County | Court of Appeals | 04/10/00 | |
| Shirley Dale Reeves v. Wal-Mart, Inc.,
M1998-00879-WC-R3-CV
This case is before the Court upon 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
|
Lewis County | Workers Compensation Panel | 04/10/00 | |
| Troy C. Ledbetter v. Batesville Casket Company
M1998-00670-SC-WCM-CV
This case is before the Court upon 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
|
Franklin County | Workers Compensation Panel | 04/10/00 | |
| Marion Co. Bd. of Education vs. Marion Co. Education Assoc.
M1999-00213-COA-R3-CV
This is an appeal from a declaratory judgment action on behalf of the Marion County School Board seeking a determination as to whether or not the decision by the director of schools to transfer a principal to a teaching position was subject to binding arbitration under a collective bargaining agreement in effect between the school board and the Marion County Education Association. A cross-claim was filed by the Association requesting an injunction to force the Board to arbitration, and both parties filed motions for summary judgment. The trial court granted the Association's motion for summary judgment and mandated the Board to go to final and binding arbitration under the agreement. We reverse the decision of the trial court and hold that the statutory authority of the director of schools to hire and select principals may not be limited by a collective bargaining agreement and that such an agreement cannot authorize an arbitrator to determine who will be principal at a particular school.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Jeffery Stewart |
Marion County | Court of Appeals | 04/10/00 | |
| Charles Rooker v. Donal Campbell
M1999-01657-COA-R3-CV
This appeal involves a dispute between a prisoner and the Department of Correction over his release eligibility date. Dissatisfied with the response to his petition for a declaratory order, the prisoner filed a petition for a declaratory judgment in the Chancery Court for Davidson County, asserting that the extension of his release eligibility date violated the Department's policy regarding punishment for escape and the terms of his plea agreement. He also claimed that the Department had wrongfully deprived him of sentence reduction credits. The trial court dismissed the petition, and the prisoner has appealed. We affirm.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 04/10/00 | |
| State vs. Fitz
W1997-00186-SC-R11-CD
Authoring Judge: Justice E. Riley Anderson
Originating Judge:Joseph H. Walker, III |
Tipton County | Supreme Court | 04/10/00 |