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| State vs. Timothy Bradley
01C01-9804-CC-00165
|
Court of Criminal Appeals | 03/23/99 | ||
| Thomas v. Testerman
03S01-9807-CH-00080
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.
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. Frederick D. Mcdonald, |
Knox County | Workers Compensation Panel | 03/23/99 | |
| State vs. Johnny Martin
03C01-9711-CR-00520
Originating Judge:R. Steven Bebb |
McMinn County | Court of Criminal Appeals | 03/23/99 | |
| State vs. Leland Ray Reeves
01C01-9711-CR-00515
Originating Judge:J. O. Bond |
Court of Criminal Appeals | 03/23/99 | ||
| Brogdon v. Chattanooga General Ser.
03S01-9803-CV-00021
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 defendant appeals from an order of the trial judge entered on the 26th day of January 1998 which set aside a portion of a final judgment in an approved settlement of a compensation claim made by the plaintiff against the defendant. The approved settlement and judgment thereon was entered on October 11, 1996, and among the provisions therein was the approval of medical care for a period of one year. The care was to be provided by Dr. Lester F. Littell, an orthopedic surgeon. In addition, a fund of $2,1.4 was established for future medical care. On October 6, 1997, the plaintiff filed a motion to set aside or modify the judgment, asking that he be allowed to be seen by another or other doctors to determine if he should have back surgery. No evidence was introduced in the hearing on the motion, although there were medical records from Dr. Littell and Dr. George Seiters, also an orthopedic surgeon. Both of these physicians were of the opinion the plaintiff did not require surgery. In a sworn affidavit, the plaintiff alleged he was not allowed by the defendant to obtain a second opinion on whether he needed surgery. This statement was false. The insurance carrier as well approved an examination by Dr. Seiters, and Dr. Littell's notes reflect he referred the plaintiff to Dr. Seiters. We are somewhat hampered in this case by the fact that counsel for the plaintiff withdrew as counsel in accordance with the rule allowing withdrawal. The 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. Robert M. Summitt, |
Knox County | Workers Compensation Panel | 03/23/99 | |
| State vs. Michael Allen Price
01C01-9803-CC-00126
|
Dickson County | Court of Criminal Appeals | 03/23/99 | |
| State vs. Leland Ray Reeves
01C01-9711-CR-00515
Originating Judge:J. O. Bond |
Macon County | Court of Criminal Appeals | 03/23/99 | |
| Mack Transou v. State of Tennessee
W2008-02713-CCA-R3-HC
Authoring Judge: Judge Camille R. McMullen
Originating Judge:Roy Morgan |
Madison County | Court of Criminal Appeals | 03/22/99 | |
| State vs. Ricky Keele
02C01-9805-CC-00139
|
Hardin County | Court of Criminal Appeals | 03/22/99 | |
| Mack Transou v. State of Tennessee (Cherry Lindamood)
W2005-01935-CCA-R3-HC
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Roy B. Morgan, Jr. |
Madison County | Court of Criminal Appeals | 03/22/99 | |
| State vs. Jasper Stewart
W2000-01752-CCA-R3-CD
A Tipton County jury convicted the defendant of first degree felony murder, especially aggravated robbery, and theft under $500. The trial court sentenced the defendant to concurrent sentences of life with the possibility of parole for first degree felony murder, 20 years for especially aggravated robbery, and 11 months and 29 days for theft. In this appeal, the defendant contends: (1) the trial court erroneously admitted his tape-recorded telephone calls from the jail and items seized from his residence; (2) the state failed to turn over all tape recordings of his telephone conversations pursuant to his discovery request; (3) the trial court erroneously permitted a state witness to respond to an "open-ended" question in narrative form; and (4) the trial court erroneously neglected to instruct the jury concerning the definition of specific intent. We affirm the judgments of the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Joseph H. Walker, III |
Tipton County | Court of Criminal Appeals | 03/22/99 | |
| State vs. Russell Barnes
02C01-9805-CC-00133
Originating Judge:C. Creed Mcginley |
Hardin County | Court of Criminal Appeals | 03/22/99 | |
| State vs. Madkins
02S01-9805-CR-00046
Originating Judge:W. Fred Axley |
Supreme Court | 03/22/99 | ||
| State vs. Neal Jackson
02C01-9708-CR-00322
|
Shelby County | Court of Criminal Appeals | 03/22/99 | |
| State vs. Tarrell Lowe
02C01-9812-CC-00386
|
Lake County | Court of Criminal Appeals | 03/22/99 | |
| State vs. Vincent Burris
02C01-9703-CC-00087
|
Madison County | Court of Criminal Appeals | 03/22/99 | |
| Kimberly Diane Ramsey vs. Elmer Cole Ramsey
E1999-00577-COA-R3-CV
On March 4, 1999, the Plaintiff filed for a divorce. The Defendant was served on March 5, 1999. At the trial court's regular docket sounding held on March 19, 1999, the divorce hearing was set for July 20, 1999. The Defendant filed an answer on April 14, 1999. Neither counsel for the Defendant nor the Defendant appeared at the hearing. After being unable to contact the Defendant's attorney, the trial court heard the evidence and entered an order granting the Plaintiff a divorce, and custody of the child, setting child support, and dividing the marital property. Subsequently, the Defendant filed a motion to vacate the order averring he had no notice of the hearing and that Defendant's counsel had other business which kept him away from the hearing. The motion was denied by the trial court. The Defendant appealed. We affirm the decision of the trial court.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Ben K. Wexler |
Greene County | Court of Appeals | 03/19/99 | |
| State vs. James Moore
02C01-9511-CC-00337
Originating Judge:Robert W. Wedemeyer |
Madison County | Court of Criminal Appeals | 03/19/99 | |
| State vs. Issac Williams
02C01-9802-CR-00049
Originating Judge:Joseph B. Dailey |
Shelby County | Court of Criminal Appeals | 03/19/99 | |
| State vs. Edward Davis
02C01-9712-CC-00480
Originating Judge:Jon Kerry Blackwood |
Fayette County | Court of Criminal Appeals | 03/19/99 | |
| State vs. Walter Gaines
02C01-9806-CC-00172
|
Tipton County | Court of Criminal Appeals | 03/19/99 | |
| State vs. Anthony Holt
02C01-9809-CC-00272
|
Court of Criminal Appeals | 03/19/99 | ||
| State vs. Rodney Ayers
02C01-9805-CR-00149
Originating Judge:Carolyn Wade Blackett |
Shelby County | Court of Criminal Appeals | 03/19/99 | |
| Estate of Jones Bowden
02A01-9805-PB-00127
Originating Judge:Robert S. Benham |
Shelby County | Court of Appeals | 03/18/99 | |
| State ex rel. Paula Buchanan v. Joseph Buchanan
M1998-00962-COA-R3-CV
This appeal involves a belated dispute over unpaid child and spousal support. After their divorce, the former spouses twice changed the custody arrangements and support obligation in their 1993 divorce decree without obtaining court approval. In 1998, a private Title IV-D contractor, acting on behalf of the State of Tennessee, filed suit in the Circuit Court for Davidson County seeking to collect $59,150 in unpaid child support and spousal support from the former husband. The trial court held that the former husband could not, as a matter of law, assert the defenses of laches, estoppel, or waiver against these claims, granted a $51,250 judgment against the former husband, and placed a judgment lien against the former husband's house. While the trial court correctly determined that the former husband could not assert equitable defenses with regard to the child support arrearage, the trial court erred by refusing to permit him to assert equitable defenses against the claim for unpaid spousal support. Accordingly, we vacate the portion of the judgment awarding the wife $29,150 for unpaid spousal support and remand the case for further proceedings.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 03/18/99 |