APPELLATE COURT OPINIONS

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Miceli vs. Thompson

01A01-9807-CH-00400

Originating Judge:Tom E. Gray
Sumner County Court of Appeals 08/17/99
Rocky Michael Bruce and Cheryl Bruce v. Angela Jacobs

X2010-0000-XX-X00-XX

This dispute over the custody of a minor child arose after the paternal grandparents filed an intervening petition for child custody. They were granted temporary custody of the child pending a hearing on the matter. After two hearings, the trial court ordered that custody remain with the paternal grandparents pending the results of home studies of each party seeking custody, i.e., the mother and the paternal grandparents. The trial court held additional hearings after receiving the results of the home studies and awarded custody to the paternal grandparents. We affirm the trial court.

Authoring Judge: Judge Patricia Cottrell
Originating Judge:Judge Barry Medley
Warren County Court of Appeals 08/17/99
In Re: Int. Fidelity Ins. et al Nat. Assoc. of Bail Ins. Co.

03C01-9811-CR-00398

Originating Judge:James E. Beckner
Court of Criminal Appeals 08/17/99
Crabtree vs. Dodd

01A01-9807-CH-00370

Originating Judge:John W. Rollins
Putnam County Court of Appeals 08/17/99
State vs. Danny Ray Davis

03C01-9810-CR-00370
Hamilton County Court of Criminal Appeals 08/17/99
State vs. Jerry Wayne Alexander

03C01-9901-CR-00047
Hamilton County Court of Criminal Appeals 08/17/99
Stockman vs. Stockman

01A01-9801-CH-00026

Originating Judge:Patricia J. Cottrell
Williamson County Court of Appeals 08/17/99
Hickory Woods Estates Homeowners Assn. vs. Parman

01A01-9901-CH-00034

Originating Judge:Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 08/17/99
Eddie Dean Hall vs. State

03C01-9806-CR-00218

Originating Judge:Ben K. Wexler
Greene County Court of Criminal Appeals 08/16/99
Ronnie Bradfield, v. Steve Dotson, et al.

02A01-9902-CV-00060

This is the third occasion which this Court has had to address the merits of this case. By prior opinions and judgments entered on September 6, 1996, and February 17, 1998, respectively, the Court addressed previous issues on appeal. In the interests of judicial efficiency, the Court adopts and incorporates herein the following recitation of facts contained in our opinion entered in this cause on February 17, 1998: In this case, an inmate at a state correctional institution filed
a defamation [lawsuit] in circuit court against two state employees. The trial court granted summary judgment in favor of the defendants, holding that the Tennessee Claims Commission had exclusive jurisdiction over the matter. The trial court also denied the plaintiff's requests for default judgment. . . .

 

Authoring Judge: Judge David R. Farmer
Originating Judge:Judge R. Lee Moore, Jr.
Court of Appeals 08/16/99
Memphis Pub. vs. Cable Conn.

02A01-9803-CV-00082

Originating Judge:Kay S. Robilio
Shelby County Court of Appeals 08/16/99
State vs. Bradley Green

02C01-9809-CR-00300

Originating Judge:Carolyn Wade Blackett
Shelby County Court of Criminal Appeals 08/16/99
Judy Seals vs. Tri-State

02A01-9806-CH-00172

Originating Judge:C. Neal Small
Shelby County Court of Appeals 08/16/99
Jesse L. Dabbs vs. State

03C01-9806-CR-00199

Originating Judge:E. Eugene Eblen
Morgan County Court of Criminal Appeals 08/16/99
State vs. Eddie Taylor

W2001-01077-CCA-R3-CD
The Defendant, Eddie Lee Taylor, was convicted by a jury of aggravated robbery. He was subsequently sentenced as a Range II multiple offender to sixteen years in the Department of Correction. In this appeal as of right, the Defendant contends that the evidence is not sufficient to support his conviction. We affirm the judgment of the trial court.
Authoring Judge: Judge David H. Welles
Originating Judge:Roy B. Morgan, Jr.
Madison County Court of Criminal Appeals 08/16/99
State vs. Kong Bounnam

02C01-9803-CR-00095

Originating Judge:L. Terry Lafferty
Shelby County Court of Criminal Appeals 08/16/99
Clara Scruggs v. Wal-Mart Stores, Inc.

W1999-01092-SC-WCM-CV
This workers' compensation appeal has been referred to the Special W orker's Compensation Panel of the Supreme Court in accordance with Tennessee Code Annotated _ 5-6-225(e) for a hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The trial court, in its findings of fact and conclusions of law, determined that the plaintiff had a gradually occurring injury, and the statute of limitations was not tolled when she gave sufficient notice on September 29, 1997, the date of her lawsuit. Likewise, the trial court found the plaintiff suffered a thirteen (13) percent permanent partial disability to each upper extremity.1 We will determine if the record supports the trial court's conclusions. The defendant presents three appellate issues for review: 1. Whether the trial court erred in holding that the plaintiff's claim was not barred by expiration of the statute of limitations? 2. Whether the trial court erred in holding that the plaintiff incurred a permanent impairment? 3. Whether the trial court's disability award was excessive? Review of the findings of fact made by the trial court is de novo upon the record, accompanied by a presumption of the correctness of the findings, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2); Stone v. City of McMinnville, 896 S.W.2d 548, 55 (Tenn. 1995). The application of this standard requires this Court to weigh in more depth the factual findings and conclusions of the trial court in a workers' compensation case. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). However, considerable deference must be given to the trial court, who has seen and heard the witnesses, especially where issues of credibility and weight of oral testimony are involved. Jones v. Hartford Accident & Indem. Co., 811 S.W.2d 516, 521d (Tenn. 1991). After a review of the record in this cause, the briefs of the parties and appropriate law, we AFFIRM the trial court's judgment. 1The correct method of assigning disability in a case like this is give one rating to both arms, rather than to each arm. However, in this case, the result is the same as that reached by the trial court. 2
Authoring Judge: L. Terry Lafferty, Senior Judge
Originating Judge:Hon. Joe C. Morris
Madison County Workers Compensation Panel 08/13/99
W1999-01092-SC-WCM-CV

W1999-01092-SC-WCM-CV

Originating Judge:F. Lloyd Tatum
Court of Criminal Appeals 08/13/99
Joseph D. Mcewen v. Herman Jenkins Motors, Inc

02S01-9804-CH-00041
Authoring Judge: J. Steven Stafford, Special Judge
Originating Judge:Hon. William Michael Maloan,
Obion County Workers Compensation Panel 08/13/99
Willie E. Payne vs. State

03C01-9809-CR-00336

Originating Judge:Douglas A. Meyer
Hamilton County Court of Criminal Appeals 08/13/99
Cleek vs. Wal-Mart Stores, Inc.

W1999-02419-SC-R3-CV
Authoring Judge: Justice William M. Barker
Originating Judge:Joe C. Morris
Madison County Supreme Court 08/13/99
State vs. Clifford Jackson

02C01-9802-CR-00041

Originating Judge:Joseph B. Dailey
Shelby County Court of Criminal Appeals 08/13/99
Billy Joe Sisk vs. State

03C01-9807-CC-00256

Originating Judge:Ben W. Hooper, II
Cocke County Court of Criminal Appeals 08/12/99
State vs. Jerry Pendergrass, et al

03C01-9810-CR-00371

Originating Judge:Douglas A. Meyer
Hamilton County Court of Criminal Appeals 08/12/99
State vs. Timothy Wayne Tipton

03C01-9805-CR-00189

Originating Judge:Richard R. Baumgartner
Knox County Court of Criminal Appeals 08/12/99