State of Tennesse vs. Samuel Lamb, Jr.
01C01-9703-CC-00095
The appellant, Samuel L. Lamb, Jr., appeals as of right the sentencing decision of the Marshall County Circuit Court. Pursuant to a plea agreement, the appellant pled guilty to three counts of theft of property and received an effective five year sentence.1 Following a sentencing hearing, the trial court ordered that the appellant serve 270 days of this sentence in the county jail with the balance of the sentence to be served in the community corrections program. In this appeal, the appellant contends that the trial court erred by denying full probation or placement in community corrections. After review, we affirm.
Authoring Judge: Judge David G. Hayes
Originating Judge:Judge W. Charles Lee |
Marshall County | Court of Criminal Appeals | 08/05/98 | |
Linda Janiece Wright-Miller v. Harvey Granville Miller - Concurring/Dissenting
02A01-9708-CV-00196
This is a divorce case. The parties, Granville Harvey Miller1 (Husband) and Linda Janiece Wright-Miller (Wife), were married for approximately 5 years before a final decree of divorce was entered in August 1997.2 During the marriage, the parties resided at a home located at 2166 Aztec Drive. On appeal, Husband challenges the correctness of the trial court’s classification of this property as marital as well as its determination that the asset is unencumbered. Husband contends that the true owner of the property is Heartland Investments, Inc. (Heartland), a corporation that he founded prior to the parties’ marriage and of which he is president and sole shareholder or, alternatively, that the parties own the property encumbered by a mortgage executed in favor of the corporation. Wife has also raised an issue with respect to the trial court’s finding that there was no increase in value of Heartland stock during the marriage. After review of the record, we affirm in part and reverse in part. We set forth our reasons below.
Authoring Judge: Judge Farmer
Originating Judge:Chancellor Joe C. Morris |
Dyer County | Court of Appeals | 08/05/98 | |
Daniel Scott Bradley, et ux. LInda Bradley, v. Geneva Lynn McCord McLeod, et vir Rodrick McLeod
01A01-9702-CH-00062
This case involves a dispute between two neighbors in the Fairview community of Williamson County concerning the use of a gravel driveway. Three years after purchasing a tract of land on which portions of the driveway were located, the property owners filed suit in the Chancery Court for Williamson County to quiet title to the portions of the driveway they believed to be on their property. Their neighbors responded that the driveway was their only access to a pubic road and that they had acquired a right to use the driveway by adverse possession. After the trial court granted the plaintiffs’ uncontested motion for summary judgment, the defendants filed a Tenn. R. Civ. P. 59.04 motion asserting that they had an “easement of presumption” to use the driveway. The trial court denied the post-judgment motion on the ground that the new defense had not been timely raised. On this appeal, the losing property owners take issue with the trial court’s decision to grant the summary judgment and to deny their post-judgment motion. We affirm the summary judgment.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Judge Cornelia A. Clark |
Williamson County | Court of Appeals | 08/05/98 | |
Linda Janiece Wright-Miller v. Harvey Granville Miller - Concurring/Dissenting
02A01-9708-CV-00196
I concur in the majority opinion insofar as it affirms the judgment of the trial court. However, I must respectfully dissent from the majority opinion, which reverses the trial court’s decision concerning the division of the increase in value of the Heartland stock.
Authoring Judge: Presiding Judge W. Frank Crawford
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Dyer County | Court of Appeals | 08/05/98 | |
Yvette Porter Caira v. Ronald Stephen Caira
01A01-9709-CH-00508
This case is before us on appeal from the trial court’s decree of divorce and grant of child custody and support to the Appellee, Ronald Steven Caira. In bringing this appeal, Appellant raises two issues for consideration. 1. Whether the trial court erred in failing to award primary custody of the minor children of this marriage with Defendant/Appellee. 2. Whether the trial court made an equitable property distribution of the debts, assets and retirement proceeds of this marriage.
Authoring Judge: Judge William B. Cain
Originating Judge:Chancellor Carol A. Catalano |
Montgomery County | Court of Appeals | 08/05/98 | |
R.S. Brandt, K.M. Lundin, M.I. Lundin, N.B. Lundin, and A.T. Wiltshire, Jr. v. BIB Enterprises, LTD., A Tennessee Limited Partnership, and Gregory Smith, Individually, and Virginia Abernethy
01A01-9708-CH-00431
This cases involves a d ispute over a limited partnership. BIB Enterprises, Ltd. (“BIB”) was formed on December 30, 1982 for the stated purpose of acquiring real estate, equipment and other personal property of a Bonanza Restaurant in Lawrenceburg, Tennessee. Defendant-appellant Greg Smith was named General Partner.
Authoring Judge: Judge Herschel Pickens Franks
Originating Judge:Chancellor William B. Cain |
Lawrence County | Court of Appeals | 08/05/98 | |
Jon Hoscheit v. Johanna G. Hoscheit
01A01-9709-CH-00493
This action began with a complaint filed by the appellee, Jon Hoscheit, (husband) seeking an absolute divorce from the appellant, Johanna G. Hoscheit (wife). After a bench trial, the court entered a final judgment granting an absolute divorce, custody of the parties' minor child to the father, dividing the marital estate and awarding alimony to the wife. From the judgment of the trial court the wife has appealed. We affirm the judgment of the trial court.
Authoring Judge: Judge Don T. McMurray
Originating Judge:Chancellor Tom E. Gray |
Sumner County | Court of Appeals | 08/05/98 | |
Marvin E. Alexander, D/B/A Alexander Auctions & Real Estate Sales, v. John Hopkins and Rhonda Hopkins, Individually and D/B/A Richland Creek Sod Farm
01A01-9710-CH-00590
A licensed auctioneer and real estate broker filed suit against the defendant landowners for breach of an auction contract, because the defendants sold their land prior to the scheduled auction without his participation. The trial court held that the auctioneer was entitled to the anticipated commission amount. We affirm the trial court’s holding that the property owners are liable, but we modify the amount of damages.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Judge Jim T. Hamilton |
Giles County | Court of Appeals | 08/05/98 | |
Jimmy Key, v. Tennessee Board of Paroles
01A01-9610-CH-00480
This appeal involves a dispute between the Board of Paroles and a prisoner convicted of being an habitual criminal over the inmate’s right to custodial parole and the calculation of his sentence credits. The Chancery Court for Davidson County granted the Board’s motion to dismiss, and the prisoner has appealed. We affirm the dismissal of the prisoner’s suit in accordance with Tenn. Ct. App. R. 10(b).
Authoring Judge: Judge William C. Koch
Originating Judge:Chancellor Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 08/05/98 | |
Heather Alicia Roach Thomson v. Patrick James Thomson - Concurring
03A01-9705-CH-00165
This is an appeal from a post-divorce proceeding wherein the appellant sought a change in custody of the parties minor child on the grounds that there had been a material change of circumstances justifying such a change. The trial court dismissed the complaint and this appeal resulted. We affirm the judgment of the trial court.
Authoring Judge: Judge Don T. McMurray
Originating Judge:Chancellor Billy Joe White |
Union County | Court of Appeals | 08/04/98 | |
Jason Rains, Crystal L. Carney, and Kathy Carney v. Edwin Scott Sussdorff,III, a/k/a/ Ed Sussdorff, Vicky R. Sussdorff, E. Scott Sussdorff and Allstate Insurance Company - Concurring
03A01-9801-CV-00025
While riding as passengers in an automobile owned by defendant and driven by a close friend of defendant’s son, the intervening plaintiff was seriously injured in a one-car accident when the driver apparently fell asleep at the wheel. The passenger intervened in the driver’s petition and alleged that the vehicle had been driven with the express or implied permission of its owner and sought a declaratory judgment that his insurer was therefore liable for her injuries. The trial court found the driver did not have such permission and dismissed intervenor’s petition, and she appeals.
Authoring Judge: Judge William H. Inman
Originating Judge:Judge W. Neil Thomas, III |
Hamilton County | Court of Appeals | 08/04/98 | |
James G. Cooper v. Asarco, Inc.
03S01-9709-CV-00114
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. section 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The employer contends the award of permanent partial disability benefits based on seventy-five percent to the leg is excessive. As discussed below, the panel has concluded the award should be affirmed. The employee or claimant, Cooper, is sixty-one years old and has a fourth grade education, but cannot read. He has worked as garbage collector, laborer and welder. He suffered a compensable knee injury on January 19, 1995, but continued to work with pain and swelling until April of the same year when he consulted an orthopedic surgeon. When the pain and swelling persisted, the surgeon performed arthroscopic surgery and diagnosed mild spurring and joint effusion superimposed on degenerative arthritis. The claimant was returned to work with permanent restrictions. The employer has made accommodations and the claimant has returned to work with restrictions and limitations. The trial judge found the claimant entitled to permanent partial disability benefits based on seventy-five percent to the injured leg. Appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. section 5-6-225(e)(2). Conclusions of law are subject to de novo review on appeal without any presumption of correctness. Presley v. Bennett, 86 S.W.2d 857 (Tenn. 1993). Where the trial judge has seen and heard the witnesses, especially if issues of credibility and weight to be given oral testimony are involved, considerable deference must be accorded those circumstances on review. Kellerman v. Food Lion, Inc., 929 S.W.2d 333 (Tenn. 1996). The appellate tribunal, however, is as well situated to gauge the weight, worth and significance of deposition testimony as the trial judge. Orman v. Williams Sonoma, Inc., 83 S.W.2d 672 (Tenn. 1991). Once the causation and permanency of an injury have been established by expert testimony, the trial judge may consider many pertinent factors, including age, job skills, education, training, duration of disability, and
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Rex Henry Ogle, |
Knox County | Workers Compensation Panel | 08/03/98 | |
Ashe vs. Radiation Oncology Associates
01A01-9710-CV-00563
Originating Judge:Hamilton V. Gayden, Jr. |
Davidson County | Court of Appeals | 07/31/98 | |
State vs. Mario Bowser
02C01-9803-CR-00093
Originating Judge:Carolyn Wade Blackett |
Shelby County | Court of Criminal Appeals | 07/31/98 | |
Ashe vs. Radiation Oncology Associates
01A01-9710-CV-00563
Originating Judge:Henry F. Todd |
Court of Appeals | 07/31/98 | ||
Angela Hogan vs. Rex Reese and Sonya M. Reese
01A01-9801-CV-00023
Originating Judge:Thomas Goodall |
Sumner County | Court of Appeals | 07/31/98 | |
State vs. Quentin Hall
02C01-9802-CR-00040
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Shelby County | Court of Criminal Appeals | 07/31/98 | |
State vs. Tammy Elliott
02C01-9803-CC-00070
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Hardin County | Court of Criminal Appeals | 07/31/98 | |
Edward Traughber, et al. vs. Kelly A. Kress, et al.
01A01-9709-CV-00525
Originating Judge:James E. Walton |
Montgomery County | Court of Appeals | 07/31/98 | |
State vs. Burl Jarrett
02C01-9710-CC-00418
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Hardeman County | Court of Criminal Appeals | 07/31/98 | |
03A01-9708-CV-0365
03A01-9708-CV-0365
Originating Judge:Wheeler A. Rosenbalm |
Knox County | Court of Appeals | 07/31/98 | |
The CIT Group/Sales Financing vs. Leslie Williams
02A01-9706-CH-00120
Originating Judge:Joe C. Morris |
Madison County | Court of Appeals | 07/31/98 | |
Donald Davis vs. Sumner County Sheriff, J. D. Vandercook, et al.
01A01-9712-CV-00696
Originating Judge:Thomas Goodall |
Sumner County | Court of Appeals | 07/31/98 | |
State vs. Jeffrey Pewitt
01C01-9706-CR-00202
Originating Judge:Thomas H. Shriver |
Davidson County | Court of Criminal Appeals | 07/31/98 | |
Renaissance vs. Billbury
03A01-9710-CH-00462
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Court of Appeals | 07/31/98 |