Lamar Fletcher, v. John W. Campbell
02A01-9605-CH-00102
Plaintiff-Appellant, Lamar Fletcher (“Fletcher”), appearing pro se, appeals the trial court’s order granting the motion to dismiss filed by Defendant-Appellee, John W. Campbell (“Campbell”).
Authoring Judge: Judge David R. Farmer
Originating Judge:Chancellor Neal Small |
Shelby County | Court of Appeals | 10/03/96 | |
State of Tennessee, v. Allen Ray Ricker
03C01-9510-CC-00310
The appellant, Allen Ray Ricker, was convicted of theft under $10,000, a Class D felony, by a jury of his peers. The trial court found that the appellant was a standard offender and imposed a Range I sentence of confinement for three (3) years in the Department of Correction. The appellant contends that the trial court committed error of prejudicial dimensions by: (a) denying his motion for a judgment of acquittal at the conclusion of the state’s case in chief because the state failed to prove the venue of the offense and failed to prove that the person named in the indictment was the owner of the wrecker in question, and (b) permitting the state to reopen its case in chief to prove the venue of the offense. After a thorough review of the record, the briefs submitted by the parties, and the law that governs the issues presented for review, it is the opinion of this Court that the judgment of the trial court should be affirmed.
Authoring Judge: Presiding Judge Joe B. Jones
Originating Judge:Judge James E. Beckner |
Greene County | Court of Appeals | 10/03/96 | |
Grover R. Bass, v. John C. Kimbrough
02A01-9508-CH-00178
This case concerns liability in connection with the default on a promissory note for the purchase of stock in a closely held corporation. After a bench trial, the trial court awarded a judgment in favor of the plaintiff and also awarded attorneys’ fees to plaintiff. Two principal issues are before the Court. The first is whether the plaintiff gave the necessary parties proper notice of default under the terms of the promissory notes executed by the parties. The second is whether the guarantor of the promissory notes is liable under the personal guaranty if proper notice was, in fact, given. We find that the trial court was correct in its holding that proper notice was given and that the personal guarantor was liable. Accordingly, we affirm the trial court’s conclusion.
Authoring Judge: Judge Alan E. Highers
Originating Judge:Chancellor Floyd Peete, Jr. |
Shelby County | Court of Appeals | 10/03/96 | |
Pamela Lemoine Ford v. Michael Burke Ford
02A01-9507-CH-00153
In this post-divorce proceeding, Pamela Ford (“wife”) filed a petition to modify child support and alimony. Although the trial court declined to increase alimony, the court increased the amount of child support that Michael Ford (“husband”) was obligated to pay based upon his increased income. Wife has appealed and argues that the trial court erred in several respects. First, she asserts that the trial court erred in holding that the husband’s receipt of principal from an irrevocable trust is not “gross income” as that term is defined within the child support guidelines. Next, she contends that the trial court improperly failed to consider the value of the trust in increasing child support. Furthermore, wife argues that the trial court should have imputed income to husband based upon his voluntary unemployment. Finally, wife argues that the trial court erred in denying her request for an increase in alimony. For the reasons stated below, the judgment below is affirmed in part, reversed in part, and remanded for further proceedings.
Authoring Judge: Judge Alan E. Highers
Originating Judge:Judge Joe G. Riley. Jr. |
Dyer County | Court of Appeals | 10/03/96 | |
In Re: The Estate of Sally B. Coggins, Deceased
03A01-9604-PB-00131
The pivotal issue on this appeal is, if an attorney in fact issues a check to a bank, drawn on the checking account of her principal, for which the bank issues a time certificate of deposit for the amount of the check in the name of the principal "or" the attorney in fact, and there is no specific provision in the power of attorney for such transaction and no signature card or contract 2 relating to the certificate of deposit signed by either the principal or the attorney in fact, upon the death of the principal, which is entitled to the funds, the principal's estate or the attorney in fact? We hold the estate is entitled to the funds, and affirm.
Authoring Judge: Special Judge Clifford E. Sanders
Originating Judge:Chancellor William E. Lantrip |
Anderson County | Court of Appeals | 10/03/96 | |
Linda Diane Stamp, v. Stephen Ray Stamp
02A01-9512-CH-00279
Stephen Ray Stamps appeals the judgment of the trial court dismissing his “Petition
Authoring Judge: Judge David R. Farmer
Originating Judge:Chancellor Walton West |
Henry County | Court of Appeals | 10/03/96 | |
Diane Lynn Burleson v. Mickey Dwayne Burleson
02A01-9601-CH-00021
Defendant-Appellant, Mickey Dwayne Burleson (“Father”), appeals the trial court’s judgment denying his petition to modify the child custody provisions of the parties’ final divorce decree.
Authoring Judge: Judge David R. Farmer
Originating Judge:Chancellor Joe C. Morris |
Henderson County | Court of Appeals | 10/03/96 | |
Joseph Collins, III v. Helene Larose Clegg
02A01-9502-CH-00028
The mother and father lived together in Michigan for approximately fifteen (15) years but were never married. They had a daughter, Cnanah, now seven (7) years of age.
Authoring Judge: Judge Holly Kirby Lilley
Originating Judge:Judge Joe G. Riley. Jr. |
Lake County | Court of Appeals | 10/03/96 | |
Elmer Richardson, Individully and as Surviving Spouse of Goldie H. Richardson, Deceased, v. City of Knoxville
03A01-9602-CV-00049
The City of Knoxville appeals judgments rendered in favor of Elmer Richardson, surviving spouse of Goldie H. Richardson, for personal injuries received by him and the wrongful death of his wife in the amount of $30,000, and $130,000, respectively.
Authoring Judge: Presiding Judge Houston M. Goddard
Originating Judge:Judge Harold Wimberly |
Knox County | Court of Appeals | 10/03/96 | |
William A. Winningham Executor of the Estate of Alston Winningham v. Tammy K. Winningham - Concurring
03A01-9604-PB-00152
We are called upon in this appeal to determine whether relying on the advice of an attorney in filing an unfounded will contest constitutes probable cause sufficient to avoid the enforcement of a forfeiture clause in the will. For the reasons set forth below, we find that such reliance does constitute probable cause, and reverse the judgment of the trial court.
Authoring Judge: Judge Don T. McMurray
Originating Judge:Judge Gary W. Dodson |
Cumberland County | Court of Appeals | 10/02/96 | |
State of Tennessee, Ex. Rel., v. Brook Thompson, Riley Darnell, Charles Burson, Don Sundquist, and Penny White
01S01-9605-CH-00106
These consolidated cases arise from the efforts of appellants, Lewis Laska and John Jay Hooker, to have their names placed on the ballot for the August 1, 1996, statewide election to the office of Supreme Court Justice. The deadline for filing nominating petitions for this election was 12:00 noon on May 16, 1996, in accordance with T.C.A. § 2-5-101.
Authoring Judge: Chief Justice William H. D. Fones
Originating Judge:Judge Walter C. Kurtz |
Davidson County | Supreme Court | 10/02/96 | |
Teri Michelle Parker, v. Richard Ken Parker
01A01-9504-CH-00138
In this case, Plaintiff-Appellant, Teri Michelle Parker (Wife), appeals the trial court’s decision to award custody of the parties' child, Dylan Ken Parker, to Defendant-Appellee, Richard Ken Parker (Husband), alleging that the custody determination was based on the effects of racial prejudice. We affirm the trial court’s award of custody to Husband.
Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Chancellor Allen W. Wallace |
Houston County | Court of Appeals | 10/02/96 | |
Michael Scott Evens, v. Karen Maried Bisson Steelman
01A01-9511-JV-00508
In this appeal we are asked to re-visit the question of whether a man who fathers a child by a married woman may legitimate the child. The Davidson County Juvenile Court held that the legitimation statute allowing a putative father to legitimate a child “not born in lawful wedlock” applied only to children born to unmarried women. If that interpretation holds, the appellant attacks the constitutionality of the statute on due process and equal protection grounds. We affirm the lower court’s interpretation of the statute and reject the appellant’s contention that the statute is constitutionally defective.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Judge Andrew J. Shookhoff |
Davidson County | Court of Appeals | 10/02/96 | |
Richard Briggs and Stephanie R. Briggs, v. Riversound Limited Partnership, William S. Nix, D/B/A WEN Enterprises, General Partner, and Daryl Wagner
03A01-9603-CV-00115
The single issue in this case is whether a remote purchaser of a home may maintain a negligence action against the builder of the home despite a lack of contractual privity. The trial court granted summary judgment in favor of the defendant and this appeal resulted. We reverse the judgment of the trial court.
Authoring Judge: Judge Don T. McMurray
Originating Judge:Judge Dale C. Workman |
Knox County | Court of Appeals | 10/02/96 | |
Mark McCain v. Airport Honda and Bob Rutherford
03A01- 9603- CV- 00099
In this action asking damages for alleged retaliatory discharge, the Trial Court granted employer summary judgment, and plaintiff has appealed. We affirm.
Authoring Judge: Judge Herschel Pickens Franks
Originating Judge:Judge W. Dale Young |
Court of Appeals | 10/02/96 | ||
Michael Scott Evans, v. Karen Marie Bisson Steelman - Concurring
01A01-9511-JV-00508
I fully concur in Judge Cantrell's opinion. I have read with much interest Judge Koch's dissenting opinion. The matters set forth in the dissenting opinion might make good public policy, but the setting of public policy is not a matter for this court or any court in Tennessee.
Authoring Judge: Judge Samuel L. Lewis
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Davidson County | Court of Appeals | 10/02/96 | |
Bellsouth Telecommunications, Inc. v. Keith Bissell, Steve Hewlett, Sara Kyle, Constituting the Tennessee Public Service Commission
01A01-9509-BC-00400
The Tennessee Public Service Commission ordered the completion of a previously authorized investigation of the future earnings of BellSouth Telecommunications, despite legislative developments that stripped the Commission of its authority to use such an investigation to set telephone rates. BellSouth filed a petition with this court for review of the PSC’s order, arguing that completion of the investigation was inconsistent with the legislative purpose. We reverse the Commission’s order and remand the case for further consideration by the Tennessee Regulatory Commission.
Authoring Judge: Judge Ben H. Cantrell
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Davidson County | Court of Appeals | 10/02/96 | |
Michael Scott Evans, v. Karen Marie Bisson Steeman - Dissenting
01A01-9511-JV-00508
Michael Scott Evans is seeking nothing more than to acknowledge his parental responsibilities to Jacob Ryan Steelman. The majority, however, has decided that he is not entitled to prove in court that he is the boy’s biological father simply because the child’s mother was married to another man when he was born. This decision rests squarely on an erroneous judicial interpretation of Tennessee’s legitimation statutes. Rather than perpetuating injustice, our responsibility as common law judges is to remedy, not ignore, plain judicial mistakes.
Authoring Judge: Judge William C. Koch, Jr.
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Court of Appeals | 10/02/96 | ||
Ada Bell Brown and Beverly J. Everett, Marion Evertt Barton, and Gerald Joseph Everett, v. Ralph Everett (Individually) and as Executor of the Estate of Joseph Robert Everett, et al.
03A01-9605-00174
Walter Everett died in 1993; his children Marion Everett Barton and Gerald Joseph Everett were substituted as plaintiffs in place of their father. In this contest of the will of the deceased, Joseph Everett, a jury returned special verdicts that the deceased did not have sufficient mental capacity to make a valid will, and Joseph Robert Everett, Deceased, was unduly influenced by Ralph Everett on March 11 to the extent that such influence amounted to coercion, destroying the free will of the deceased and substituting his will for the deceased and compelling the deceased to make a disposition he otherwise would not have made.
Authoring Judge: Judge Herschel Pickens Franks
Originating Judge:Judge Buddy L. Perry |
Bledsoe County | Court of Appeals | 10/02/96 | |
Victoria Angozi Anene v. John N. Namdi Anene
03A01-9511-CV-00387
The Defendant, John Namdi Anene appeals a judgment of the Circuit Court of Hamilton County granting Victoria Ngozi Anene's petition for divorce and awarding her custody of their three minor children. Mr. Anene raises five issues on appeal, two of which are jurisdictional. (See appendix.) As to the jurisdictional issues, we find that the Circuit Court of Hamilton was correct in assuming jurisdiction to hear both the divorce and custody issues. We find the remainint issues to be without merit.
Authoring Judge: Presiding Judge Houston M. Goddard
Originating Judge:Judge William L. Brown |
Hamilton County | Court of Appeals | 10/02/96 | |
Ronnie Wilson Perry v. Marla Renee Perry (Robinson)
01A01-9602-CH-00088
This is a child custody case. Appellant Marla Perry sought to move out of state with the minor children of her previous marriage. In response, Appellee Ronnie Perry filed a petition seeking a change in custody. The trial court held that custody would be changed in the event that the mother moved out state. We reverse, based on the Tennessee Supreme Court’s decision in Aaby v. Strange, 924 S.W.2d 623 (Tenn. 1996).
Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Chancellor C. K. Smith |
Wilson County | Court of Appeals | 10/02/96 | |
Florine Vandyke v. Plumley Rubber Company and Liberty Mutual Insurance Co.
02S01-9604-CV-00039
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated section 5-6-225 (e)(3) for hearing and reporting of findings of fact and conclusions of law. In this appeal, the employer, Plumley Rubber Company and the insurance carrier, Liberty Mutual, contend the trial court erred in granting judgment for medical expenses to the employee after they had been paid by the employee's health plan. The panel agrees and reverses the judgment of the trial court. It was stipulated that the employee's total medical expenses totaled $22,278.55. It was further stipulated that the Plaintiff had paid prior to trial $669.29 in out-of-pocket medical expenses. Her remaining medical expenses were paid by Plumley through its group health care plan. The insurance company paid the remainder. The parties further stipulated that Plumley's group health insurance plan did not contain a specific set-off clause for workers' compensation benefits. Plumley is self-insured for group health benefits. This panel holds that under T.C.A. _ 5-6-24 that the employer is responsible for payment of medical expenses and that the employee is not entitled to a judgment against the employer for medical bills which have already been paid. This panel holds that this case is controlled by Bituminous Casualty Corp. v. Smith, 288 S.W.2d, 913, 916 (Tenn. 1956). The judgment of the trial court is reversed and remanded for appropriate action under this decision. The costs are taxed to the Plaintiff/Appellee.
Authoring Judge: Special Judge Billy Joe White
Originating Judge:Hon. C. Creed Mcginley, |
Henry County | Workers Compensation Panel | 10/01/96 | |
Fred Johns, Administrator of The Estate of Sue Eva Johns, v. Takoma Adventist Hospital
03A01-9604-CV-00130
In this action for damages for personal injuries to the deceased, the complaint alleged the deceased was placed in a room while in defendant hospital, and on April 18, 1991, she ws found lying on the floor with injuries about her head and face. It was further alleged that it was not learned until wll after her death, in conversation with the physicians of the plaintiff decedent, that the decedent more likely would have survived for many years had she not fallen...
Authoring Judge: Judge Herschel Pickens Franks
Originating Judge:Judge John K. Wilson |
Greene County | Court of Appeals | 10/01/96 | |
State of Tennessee, v. Brian K. Collins
03C01-9510-CC-00305
The defendant, Brian K. Collins, was convicted of violating a habitual traffic offender order, violation of registration, and evading arrest. He was sentenced as a range one offender to two years for violating the order, thirty days for violation of registration, and eleven months and twenty nine days for evading arrest, all to be served concurrently. This is his appeal of right.
Authoring Judge: Judge Gary R. Wade
Originating Judge:Judge R. Jerry Beck |
Sullivan County | Court of Appeals | 10/01/96 | |
Debra Jewell Young Ford v. Dennis Clifford Ford
03A01-9606-CH-00197
This appeal arises from the judgment of the trial court which, among other things, awarded a divorce to the defendant, provided for custody of the parties' minor children and made a division of the marital estate. We affirm the judgment of the trial court.
Authoring Judge: Judge Don T. McMurray
Originating Judge:Chancellor Earl H. Henley |
Court of Appeals | 10/01/96 |