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| Richard Warmath vs. Roger Payne
02A01-9803-CH-00084
Originating Judge:Dewey C. Whitenton |
Tipton County | Court of Appeals | 03/18/99 | |
| Kotouc v. Star Knitwear
03S01-9807-CH-00076
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. Th e p la in tiff in ju re d h is le ft a rm in a n in d u s tria l a c c id e n t o n A ugus t 4, 1995. He w as t r ea t ed by N ei l H . Spi t al ny, or t hopedi c s ur geon, w ho di agnos ed t he pr obl em as a par t i al bi ceps m uscl e t ear . C on ser vat i ve t r eat m ent w as r ecom m end ed, w hi ch e s sent i al l y i nv ol ved bri ef i m m ob i l i t y o f t he arm . F urt her tre a tm e n t w as in d ic a te d bec aus e t he pl ai nt i f f cont i nued t o com pl ai n of pai n on ro ta tio n of hi s ar m . E xam i nat i ons by ot her s pec i al i s t s convi nce d D r . Spi t al ny t hat th e p la in tiff w a s s u ff e rin g f r om a c om pr es s i on of an ul nar ner ve, fo r th e c o rr e c tio n of w hi ch he per f or m ed a s ur gi ca l r el ea s e on A ugus t 27, 1996. Th e s ur gi ca l pr oce dur e w as onl y pa r t i al l y s ucc essfu l. T h e p la in tiff cont i nued t o ex peri ence p ai n ca u se d by c ont r ac t i ons of m us cl e, w i t h s om e di s com f or t at t rib u ta b l e t o a c er vi ca l pr obl em unr el at ed t o t he A ugus t 4, 1995 pr obl em . He r eached m axi m um m edi ca l i m pr ovem ent on Febr uar y 7, 1997, w i t h a m e d ica l i m p a irm e n t ratin g o f ten p e rc e n t t o h is a rm . Th e C h a n c e ll o r fo u n d th a t t h e p lain ti ff h a d a d is a b ility " w ith in th e m e a n in g of t he w or ker s ' com pens a tio n la w " o f 7 5 p e rc e n t to h is le ft a rm . T h e e m p lo y e r ap p ea l s, in s is tin g th a t th e a w a rd o f 7 .5 tim e s th e im p a irm e n t ra tin g is ex ce ssi v e and is not s uppor t ed by t he pr oof . E m pl oye r al s o com pl ai ns t hat t he C hanc el l or f ound th a t D r. S p ita ln y d id n o t c o rr e c tly in te rp re t th e A M A G u id e lin e s and r el i ed upo n hi s per sonal anal ysi s of t he G u id e lin e s . Our 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 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. How E L L N. P E Op L E S |
Knox County | Workers Compensation Panel | 03/18/99 | |
| State vs. Jeffrey Edward Pitts
01C01-9701-CC-00003
|
Wayne County | Court of Criminal Appeals | 03/18/99 | |
| Herron v. Hornady Truck
03S01-9807-CH-00072
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
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. Earl Henley, |
Knox County | Workers Compensation Panel | 03/18/99 | |
| 02A01-9803-CV-
02A01-9803-CV-
Originating Judge:John R. Mccarroll, Jr. |
Shelby County | Court of Appeals | 03/18/99 | |
| Calvin Easley vs. James Britt
M1998-00971-COA-R3-CV
This appeal involves a dispute between a prisoner and the Tennessee Department of Correction stemming from a disciplinary proceeding. After he was reclassified to a higher security status and transferred to another institution, the prisoner filed a petition for writ of common-law certiorari in the Chancery Court for Davidson County claiming that the disciplinary board and the warden had acted arbitrarily and capriciously by finding him guilty of the disciplinary offense of escape. The trial court dismissed the petition, and the prisoner perfected an appeal to this court. While this appeal was pending, the prisoner was released from prison thereby rendering this appeal moot. Accordingly, we vacate the June 12, 1998 order and remand the case to the trial court with directions to dismiss it on the grounds of mootness.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 03/18/99 | |
| William Cuzick vs. Cavat Bass
02A01-9809-CV-00244
Originating Judge:Joseph H. Walker, III |
Tipton County | Court of Appeals | 03/18/99 | |
| West v. Maytag
03S01-9803-CH-00026
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: William H. Inman, Senior Judge
Originating Judge:Hon. Earl H. Henley, |
Knox County | Workers Compensation Panel | 03/18/99 | |
| Parnell Webb vs. Ned/Mary Poynter
02A01-9707-CV-00168
Originating Judge:Joseph H. Walker, III |
Lauderdale County | Court of Appeals | 03/18/99 | |
| State vs.Kenneth Williams
01C01-9801-CR-00046
Originating Judge:Seth W. Norman |
Davidson County | Court of Criminal 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 | |
| Nancy Knight vs. Henry Knight
02A01-9804-CH-00094
Originating Judge:John Walton West |
Carroll County | Court of Appeals | 03/18/99 | |
| State vs. Reginald Johnson
03C01-9801-CC-00006
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 03/17/99 | |
| Jona McCracken vs. City of Millington
02A01-9707-CV-00165
Originating Judge:Robert A. Lanier |
Shelby County | Court of Appeals | 03/17/99 | |
| Larry E. Davis vs. State
01C01-9803-CR-00119
|
Davidson County | Court of Criminal Appeals | 03/17/99 | |
| Hensley vs. TDOC
01A01-9712-CH-00747
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 03/17/99 | |
| William L. Hatley, III, v. Joseph L. McDaniel
02A01-9806-CH-00162
This is a suit for specific performance of a real estate contract. Defendant, Joseph McDaniel, a.k.a. John O. Smith, appeals from the order of the trial court in favor of the Plaintiffs,
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Chancellor Walton West |
Benton County | Court of Appeals | 03/17/99 | |
| Thomas Harris vs. State
01C01-9709-CR-00423
Originating Judge:J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 03/17/99 | |
| State vs. Fredrick Neblett
01C01-9805-CR-00232
Originating Judge:Jane W. Wheatcraft |
Sumner County | Court of Criminal Appeals | 03/17/99 | |
| Lynn/Rhonda Harris vs. Susan Thurmond
02A01-9803-CV-00074
Originating Judge:Jon Kerry Blackwood |
Shelby County | Court of Appeals | 03/17/99 | |
| 01C01-9805-CC-00219
01C01-9805-CC-00219
Originating Judge:William Charles Lee |
Bedford County | Court of Criminal Appeals | 03/17/99 | |
| Randolph vs. Poteet
01A01-9808-JV-00419
Originating Judge:Nolan R. Goolsby |
Putnam County | Court of Appeals | 03/17/99 | |
| State vs. Clifton Wallen
03C01-9710-CC-00461
Originating Judge:James E. Beckner |
Hawkins County | Court of Criminal Appeals | 03/17/99 | |
| Randolph vs. Poteet
01A01-9808-JV-00419
|
Court of Appeals | 03/17/99 | ||
| Linda Lee vs. Vincent Askew
02A01-9805-JV-00133
Originating Judge:A. V. Mcdowell |
Shelby County | Court of Appeals | 03/17/99 |