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| Norris vs. Gounaris
03A01-9807-CH-00238
|
Court of Appeals | 04/15/99 | ||
| O'Bryant vs. Reeder Chevrolet
03A01-9810-CV-00325
|
Court of Appeals | 04/15/99 | ||
| State vs. Donald Tallie
02C01-9807-CC-00229
Originating Judge:C. Creed Mcginley |
Carroll County | Court of Criminal Appeals | 04/15/99 | |
| Dpt. Human Services vs. Whaley
03A01-9809-JV-00272
|
Court of Appeals | 04/15/99 | ||
| Janice Hillyer vs. Charles Hillyer
M1998-00942-COA-R3-CV
The issues in this post-divorce case arise because the former husband's waiver of military retirement pay in order to receive disability benefits cut off the former wife's receipt of her portion of the retirement pay which had been awarded to her in the distribution of marital property. The former wife filed a contempt petition, seeking to reinstate her portion of the benefits. The trial court, relying on Gilliland v. Stanley, an unpublished opinion from this court, denied her motion for contempt. In light of our Supreme Court's holding in Johnson v. Johnson, No. W1999-01232-SC-R11-CV, 2001 WL 173502 (Tenn. Feb. 23, 2001), we reverse and remand.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:James E. Walton |
Montgomery County | Court of Appeals | 04/15/99 | |
| State vs. Ronald Ward
02C01-9806-CC-00173
Originating Judge:Julian P. Guinn |
Henry County | Court of Criminal Appeals | 04/15/99 | |
| Janice Hillyer vs. Charles Hillyer
M1998-00942-COA-R3-CV
The issues in this post-divorce case arise because the former husband's waiver of military retirement pay in order to receive disability benefits cut off the former wife's receipt of her portion of the retirement pay which had been awarded to her in the distribution of marital property. The former wife filed a contempt petition, seeking to reinstate her portion of the benefits. The trial court, relying on Gilliland v. Stanley, an unpublished opinion from this court, denied her motion for contempt. In light of our Supreme Court's holding in Johnson v. Johnson, No. W1999-01232-SC-R11-CV, 2001 WL 173502 (Tenn. Feb. 23, 2001), we reverse and remand.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:James E. Walton |
Montgomery County | Court of Appeals | 04/15/99 | |
| Suzette Marie Elder vs. Sidney Lee Elder
M1998-00935-COA-R3-CV
This appeal involves a post-divorce custody dispute precipitated by the custodial parent's decision to accept a job in Texas. The custodial parent requested the Circuit Court for Franklin County to permit the parties' children to accompany him to Texas and to adjust the visitation arrangements accordingly. The non-custodial parent responded by requesting the trial court to change custody. Following a bench trial, the trial court declined to change the existing custody arrangement and permitted the custodial parent to move to Texas. On this appeal, the non-custodial parent takes issue with both the denial of her petition to change custody and the approval of the custodial parent's move to Texas. We have determined that the record supports both of these decisions and, therefore, affirm the trial court.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:J. Curtis Smith |
Franklin County | Court of Appeals | 04/15/99 | |
| Julia Leach Bryan vs. James Leach
M1998-00922-COA-R3-CV
This case involves post-divorce disputes over alimony and child support and issues of contempt of court. The father commenced this appeal after the trial court declined to modify or terminate his alimony obligation and awarded the mother more than $50,000 in child support arrearages and, later, found the father in contempt of court and ordered him to pay a fine of $100 per day until all judgments were paid to the mother. On appeal, the father argues that his alimony obligation should have terminated or decreased, that a portion of his child support payments should be placed in trust for the benefit of the children, and that the trial court erred by fining him for contempt. We affirm the trial court's orders but modify the fine imposed upon the father.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Jim T. Hamilton |
Maury County | Court of Appeals | 04/15/99 | |
| Patricia Anne Pehlman v. Gregory Lawrence Pehlman and Sobieski and Associates
3A01-9809-CV-00311
In this action Patricia Anne Pehlman essentially seeks a declaration that marital property awarded to her in a divorce is not subject to a lien in favor of the intervenor.
Authoring Judge: Judge Herschel Pickens Franks
Originating Judge:Judge Bill Swann |
Knox County | Court of Appeals | 04/15/99 | |
| Neas vs. Kerns
03A01-9812-CH-00386
|
Washington County | Court of Appeals | 04/15/99 | |
| State vs. Sharon Marie Shell
03C01-9803-CR-00119
Originating Judge:Stephen M. Bevil |
Hamilton County | Court of Criminal Appeals | 04/14/99 | |
| Essie M. Butler v. Emerson Motor Co .
02S01-9805-CH-00045
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. 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 findings, 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 court in a workers' compensation case. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). The trial court found the plaintiff had failed to show she was entitled to compensation because of an alleged back injury.1 We affirm the judgment of the trial court. The facts in this case are reasonably simple. The plaintiff, age 49, had been working for the defendant for 25 years. Several years prior to 1995 she injured her back at work. This injury is more historical than significant in the case before us. In January 1995, the plaintiff was working at a lathe, putting machine parts on the lathe and turning them. She began to experience pain in her back. She testified this was caused by having to twist her body side to side or back and forth in doing the work. Ultimately, the plaintiff was seen by several doctors and had several diagnostic tests and various treatments done. The most significant treatment was done by Dr. Dan Spengler, an orthopedic surgeon, who diagnosed the plaintiff as having instability of motion at the L4-5 section of her spine with some pinching of the nerve. Dr. Spengler was of the opinion that the cause of this problem was a degenerative process in a person of the plaintiff's age. He was of the opinion the plaintiff's work did not cause the problem. 1 The plaintiff also sued for carpal tunnel syndrome and was found to be entitled to compensation. That matter is not raised in this appeal. 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. George E. Ellis, |
Gibson County | Workers Compensation Panel | 04/14/99 | |
| State vs. Phillip Todd Swords
03C01-9807-CR-00239
|
Hamilton County | Court of Criminal Appeals | 04/14/99 | |
| Elipidio Placencia vs. Lauren Placencia
02A01-9803-CV-00065
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 04/13/99 | |
| State vs. John Greer
02C01-9806-CR-00167
|
Shelby County | Court of Criminal Appeals | 04/13/99 | |
| State vs. Bobby Dale Franklin, Sr.
03C01-9804-CR-00129
Originating Judge:James E. Beckner |
Greene County | Court of Criminal Appeals | 04/13/99 | |
| State vs. Anthony Bonam
02C01-9804-CR-00109
|
Shelby County | Court of Criminal Appeals | 04/13/99 | |
| Janice Leslie vs. Charles/Patricia Caldwell
02A01-9807-CV-00179
Originating Judge:Robert L. Childers |
Shelby County | Court of Appeals | 04/13/99 | |
| State vs. Jamell Richmond
02C01-9806-CR-00198
Originating Judge:Joseph B. Dailey |
Shelby County | Court of Criminal Appeals | 04/13/99 | |
| State vs. Small
03S01-9804-CR-00038
|
Knox County | Supreme Court | 04/12/99 | |
| State vs. Harris
02S01-9806-CC-00053
|
Henry County | Supreme Court | 04/12/99 | |
| State vs. Crutcher
01S01-9804-CR-00081
Originating Judge:Jane W. Wheatcraft |
Supreme Court | 04/12/99 | ||
| State of Tennessee v. Teresa Dion Smith Harris - Separate Concurring
02S01-9806-CC-00053
The majority concludes that the jury’s finding of an incomplete aggravating circumstance permits Tenn. R. Crim. P. 52(a), harmless error review, holding the error statutory rather than constitutional. I agree that the error is statutory and that harmless error analysis applies. Accordingly, I join with the majority in affirming the judgment of the Court of Criminal Appeals. I write separately, however, because I find that, in conducting harmless error review, the majority fails to perform a sufficient analysis to support its finding that the invalid aggravating circumstance did not “affirmatively appear to have affected the result of the trial on the merits.” See Tenn. R. Crim. P. 52(a).
Authoring Judge: Special Justice David B. Hayes
Originating Judge:Judge Julian P. Guinn |
Henry County | Supreme Court | 04/12/99 | |
| Helms vs. Dept. of Safety
01S01-9709-CH-00185
|
Supreme Court | 04/12/99 |