APPELLATE COURT OPINIONS

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State vs. Jerry Hardin

02C01-9609-CC-00303

Originating Judge:Julian P. Guinn
Henry County Court of Criminal Appeals 07/18/97
State vs. Bobby Anderson

02C01-9602-CC-00068

Originating Judge:John Franklin Murchison
Madison County Court of Appeals 07/18/97
02C01-9608-CC-00283

02C01-9608-CC-00283
Madison County Court of Criminal Appeals 07/18/97
State vs. Ferguson

03C01-9406-CR-00235

Originating Judge:Lynn W. Brown
Washington County Court of Criminal Appeals 07/17/97
Rudy Rogers vs. Gerald & Tony Young

02A01-9604-CH-00081

Originating Judge:John Walton West
Henry County Court of Appeals 07/17/97
Fred Dean vs. Donal Campbell, et al

02A01-9704-CV-00077

Originating Judge:Joseph H. Walker, III
Lauderdale County Court of Appeals 07/17/97
02A01-611-CV-00267

02A01-611-CV-00267

Originating Judge:D'Army Bailey
Court of Appeals 07/17/97
Jenkins vs. Jenkins

01A01-9609-CV-00399

Originating Judge:John W. Rollins
Coffee County Court of Appeals 07/16/97
State vs. Jeffey Yates

02C01-9608-CR-00276

Originating Judge:Bernie Weinman
Shelby County Court of Criminal Appeals 07/16/97
Droussoitis vs. Damrron, et. al.

01A01-9612-CV-00548

Originating Judge:J. S. Daniel
Rutherford County Court of Appeals 07/16/97
02C01-9501-CC-00029

02C01-9501-CC-00029
Hardin County Court of Criminal Appeals 07/16/97
Reliance Insurance Co. vs. WSN Leasing, Inc.

01A01-9612-CV-00552

Originating Judge:Thomas W. Brothers
Davidson County Court of Appeals 07/16/97
03C01-9512-CR-00410

03C01-9512-CR-00410

Originating Judge:Russell C. Hinson
Hamilton County Court of Criminal Appeals 07/16/97
State vs. Courtney Price/Robertson

02C01-9606-CC-00203

Originating Judge:Dick Jerman, Jr.
Gibson County Court of Criminal Appeals 07/16/97
State vs. Wallace Butler

02C01-9511-CR-00339

Originating Judge:Arthur T. Bennett
Shelby County Court of Criminal Appeals 07/16/97
Hudson vs. State

03C01-9605-CC-00200
Court of Criminal Appeals 07/16/97
State vs. Bowling

03C01-9501-CR-00017

Originating Judge:Lynn W. Brown
Washington County Court of Criminal Appeals 07/16/97
State vs. Charles Barbee

02C01-9610-CC-00372

Originating Judge:Joe G. Riley. Jr.
Dyer County Court of Criminal Appeals 07/16/97
Curtis vs. Curtis

01A01-9508-CV-00385

Originating Judge:Muriel Robinson
Davidson County Court of Appeals 07/16/97
State vs. Hawkins

03C01-9606-CC-00239

Originating Judge:E. Eugene Eblen
Loudon County Court of Criminal Appeals 07/16/97
State vs. James Dodd

02C01-9608-CC-00273
Hardin County Court of Criminal Appeals 07/16/97
State vs. Claude Todd

02C01-9609-CR-00295
Shelby County Court of Criminal Appeals 07/16/97
Southeast Drilling & Blasting Services vs. BRS Construction Co.

01A01-9706-CH-00272

Originating Judge:Don R. Ash
Court of Appeals 07/16/97
Tomlin, a minor., et. al. vs. Warren,

01A01-9702-CV-00067

Originating Judge:Barbara N. Haynes
Davidson County Court of Appeals 07/16/97
Tucker v. Ercl

03S01-9603-CV-00025
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. Plaintiff, Dorothy Tucker, has appealed from the action of the trial court in dismissing her complaint and refusing to reconsider the issue of whether disputed material issues of fact exist. Defendant employer, ERCL, Inc., and defendant insurance carrier, Lumbermen's Mutual Casualty Company, have filed a motion to dismiss the appeal on the ground a notice of appeal was not timely filed within thirty days after the entry of an order sustaining a motion for summary judgment in favor of the defendants. The motion for summary judgment was filed on January 13, 1995, and was supported by a deposition from plaintiff's treating doctor stating that there was no permanent impairment as a result of plaintiff's injury. Temporary total disability benefits as well as existing authorized medical expenses had been paid. Plaintiff did not file an opposing affidavit or deposition and an order was eventually entered on March 22, 1995, sustaining the motion and dismissing the case. On April 2, 1995, plaintiff filed a motion pursuant to Rule 59, T.R.Civ.P., requesting the court to reconsider, vacate the order of dismissal and set the case for trial. The motion was styled "Motion for Reconsideration" and was supported by an affidavit from Dr. Scott L. Parson, a chiropractor, stating his examination of plaintiff indicated she had a l% impairment due to the injury of her elbow. The trial court denied the motion stating the affidavit came too late. This order was entered on January 5, 1996, and a notice of appeal was filed on January 1, 1996, reciting the appeal was being taken from the entry of the two orders of the trial court. Defendants contend it is well established a motion to reconsider will not toll the thirty day period after entry of a final judgment and cite the cases of Anthony v. Kelly Foods Inc., 74 S.W.2d 35 (Tenn. 1986) and Daugherty v. Lumbermen's Underwriting Alliance, 798 S.W.2d 754 (Tenn. 199). In the Anthony case, a 2
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. Rex Henry Ogle
Knox County Workers Compensation Panel 07/15/97