Samuel R. Adams, et al., v. Margaret C. Culpepper, et al. - Concurring
03A01-9701-CH-00017
This is an appeal from a judgment of the Chancery Court of Knox County, affirming the decision of The Department of Employment Security Board of Review in denying all the appellants unemployment compensation benefits. We affirm the judgment of the trial court.
Authoring Judge: Judge Don T. McMurray
Originating Judge:Chancellor Sharon Bell |
Knox County | Court of Appeals | 07/02/97 | |
Reba V. Davis and Tyler Wayne Davis, by next friend, Reba V. Davis, v. Harriman City Hospital, the City of Harriman, et al.
03A01-9701-CV-00016
This is a medical malpractice case. Plaintiff, Reba V. Davis brought suit, individually and on behalf of her infant son, Tyler, against Dr. Elbert Cunningham, Harriman City Hospital and the City of Harriman, for injuries sustained by Tyler shortly after his birth. After reaching a settlement with Dr. Cunningham, the physician who delivered Tyler, Ms. Davis amended her complaint to include allegations of negligence against the attendant Harriman City Hospital nurses.
Authoring Judge: Judge Don T. McMurray
Originating Judge:Judge Russell E. Simmons, Jr. |
Roane County | Court of Appeals | 07/02/97 | |
Joe E. Armstrong v. Tennessee Department of Veterans Affairs, Commissioner Fred Tucker and Tennessee Civil Service Commission and Eleanor E. Yoakum
01A01-9610-CH-00476
The question in this case is whether a state employee protected by civil service has a right to be heard before being reclassified to the unprotected executive service. The Chancery Court of Davidson County held that the employee had a right to grieve the reclassification. We affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Chancellor Robert S. Brandt |
Davidson County | Court of Appeals | 07/02/97 | |
Chong Y. Struck v. Gary L. Struck - Concurring
01-A-01-9612-CH-00547
The question in this case is whether the alimony set by the court was subject to modification. The trial judge terminated the alimony upon the wife’s remarriage. We affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Chancellor Robert E. Corlew, III |
Rutherford County | Court of Appeals | 07/02/97 | |
Mary S. Fendley v. Mart G. Fendley
01A01-9509-CH-00418
This appeal involves the classification of property in a divorce case. The wife filed for divorce in the Chancery Court for Montgomery County after seventeen years of marriage. Following a bench trial, the trial court declared the parties divorced and awarded the wife custody of the four minor children. In its division of the parties’ property, the trial court classified the parties’ home as marital property and awarded it to the wife but classified the household furniture, funds inherited by the wife, and a limited partnership interest in an athletic club as the wife’s separate property. The husband takes issue on this appeal with the allocation of the responsibility for the debt on the home, the classification of separate property, and the overall distribution of the marital estate. We have determined that the trial court should have allocated the debt secured by the home to the wife and that the trial court correctly classified the disputed assets and equitably distributed the marital estate.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Chancellor Thomas E. Gray |
Montgomery County | Court of Appeals | 07/02/97 | |
Sandra J. Scott, v. Dr. Gerald B. Calia
03A01-9608-CV-00270
This medical malpractice suit arises out of surgery performed on Sandry Scott's freet by Dr. Gerald Calia on May 17, 1989. Ms. Scott contends that Dr. Calia was negligent in his medical care of her. She insists on appeal that the Trial Court was in error in directing a verdict against her at the close of her proof.
Authoring Judge: Presiding Judge Houston M. Goddard
Originating Judge:Judge James B. Scott, Jr. |
Anderson County | Court of Appeals | 07/02/97 | |
Helen S. Rogers v. Tom E. Watts, Jr. - Dissenting
01-A-01-9611-CV-00500
I respectfully dissent from the majority opinion on two grounds: (1) probable cause and (2) damages -- neither of which is presented with much clarity in the briefs. But the issues are of such importance to the practice of law in this state that I feel they should be addressed.
Authoring Judge: Judge Ben H Cantrell
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Davidson County | Court of Appeals | 07/02/97 | |
Paul J. Myer and Carole A. Myer v. Mark Whitacre, Ginger Whitacre and Fran Haworth, individually and D/B/A Century 21 Haworth Homes
01A01-9701-CH-00014
In this case involving a breach of a real estate contract, the appellant asserts that the evidence preponderates against the amount of damages found and the award of prejudgment interest. We affirm the judgment of the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Judge Henry Denmark Bell |
Williamson County | Court of Appeals | 07/02/97 | |
Lorraine Burton Spears Marcus vs. Trent Wright Marcus - Concurring
02A01-9611-CH-00278
This case is a procedural quagmire. The dispositive issue on appeal, though not of the merits, of the case, is whether the Chancellor was correct in declining to assume jurisdiction of it.
Authoring Judge: Judge William H. Inman
Originating Judge:Chancellor Floyd Peete |
Shelby County | Court of Appeals | 07/01/97 | |
Lunsford v. Shaw
03S01-9607-CH-00078
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. The issue in this case involves the enforcement of payment of post-trial medical expenses. The trial court found the employer, Shaw Industries, Inc., in contempt for unreasonable delay in paying post-judgment medical expenses. The only sanction the court imposed was an award of attorney's fees to the employee, Clark Vann Lunsford, as the hearing revealed the medical expenses originally in dispute were paid shortly prior to the hearing. The parties originally settled the workers' compensation claim by entry of an order on November 3, 1994, which provided for an award based on 4% permanent partial disability to the body as a whole. The order then provided the employer would pay "reasonable and necessary medical expenses for which it is liable to date and in the future." A petition for contempt was filed on October 1, 1995, alleging that during March, 1995, the employee was hospitalized in Bozeman, Montana and incurred medical expenses in the amount of $5,452.3 and that the employer's refusal to pay these expenses was a violation of the court's order. After a hearing on this issue, the Chancellor found there had been an unreasonable delay in paying the expenses and the delay violated the final judgment. The record indicates that a hearing had not been conducted prior to the contempt hearing to determine whether the medical expenses were the responsibility of the employer. On appeal the employer insists the employee should have filed a motion or petition requesting the court to determine whether the medical expenses were causally related to the compensable injury and obtained an order directing the payment of the expenses before it would be proper to file a petition for contempt for failure to pay the expenses. In response to this contention, the employee contends the court's order did 2
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. Howell N. Peoples, |
Knox County | Workers Compensation Panel | 07/01/97 | |
Anthony P. Guiliano v. Cleo Inc. - Concurring
02A01-9608-CV-00201
This is a breach of an employment contract case. Defendant, Cleo, Inc. (Cleo), appeals the order of the trial court granting summary judgment in favor of plaintiff, Anthony P. Guiliano (Guiliano).
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Judge James E. Swearengen |
Shelby County | Court of Appeals | 07/01/97 | |
State vs. Jerome Patrick Lyons
01C01-9603-CC-00119
Originating Judge:William Charles Lee |
Bedford County | Court of Criminal Appeals | 06/30/97 | |
State vs. Shawn Huff
01C01-9606-CC-00261
Originating Judge:Charles D. Haston, Sr. |
Court of Criminal Appeals | 06/30/97 | ||
Flanagan vs. Flanagan
03A01-9612-GS-00404
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Court of Appeals | 06/30/97 | ||
State vs. William Charles Jones
01C01-9512-CC-00402
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Maury County | Court of Criminal Appeals | 06/30/97 | |
William Lee Bramlett vs. State
01C01-9506-CC-00207
Originating Judge:Allen W. Wallace |
Humphreys County | Court of Criminal Appeals | 06/30/97 | |
01C01-9603-CC-00107
01C01-9603-CC-00107
Originating Judge:Robert E. Burch |
Dickson County | Court of Criminal Appeals | 06/30/97 | |
State vs. Christopher Langley
01C01-9402-CC-00038
Originating Judge:William B. Cain |
Maury County | Court of Criminal Appeals | 06/30/97 | |
State vs. Christopher Langley
01C01-9402-CC-00038
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Court of Criminal Appeals | 06/30/97 | ||
Maurice Booker vs. State
01C01-9606-CC-00271
Originating Judge:Donald P. Harris |
Williamson County | Court of Criminal Appeals | 06/30/97 | |
State vs. James Holloway
01C01-9608-CR-00330
Originating Judge:J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 06/30/97 | |
Cyril v. Fraser
01C01-9511-CR-00370
Originating Judge:J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 06/30/97 | |
Wilson vs. Wilson
03A01-9610-CH-00322
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Blount County | Court of Appeals | 06/30/97 | |
Jason Jermaine Dobbins vs. State
01C01-9703-CC-00113
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Maury County | Court of Criminal Appeals | 06/30/97 | |
James E. Peden vs. State
01C01-9509-CC-00298
Originating Judge:W. Charles Lee |
Lincoln County | Court of Criminal Appeals | 06/30/97 |