Don Culbreath vs. First Tennessee Bank W1998-00426-SC-R11-CV
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: Floyd Peete, Jr.
Don L. Culbreath (Culbreath) filed suit against Community First Bank (Community First) seeking compensatory and punitive damages. Culbreath alleged that Community First fraudulently refused to pay Culbreath the proceeds of a new $150,000 loan that had been agreed upon by a bank officer and Culbreath and for which Culbreath had signed a demand note and deed of trust. Instead, the bank used the deed of trust to serve as additional collateral for Culbreath's existing indebtedness to the bank. Prior to trial, Community First merged with First Tennessee Bank, N.A. (First Tennessee), and First Tennessee was substituted for Community First as the defendant in the case. The trial court found in favor of Culbreath and awarded $209,156 in compensatory damages. After a bifurcated hearing on the issue of punitive damages, the court awarded Culbreath an additional $9,000,000 in punitive damages. First Tennessee argues on appeal that as a successor corporation it should not be liable for punitive damages arising from Community First's actions. We hold that First Tennessee is liable for the compensatory damages awarded by the trial court and that it is also liable for punitive damages arising out of Community First's pre-merger conduct. However, we remand this case to the trial court for reassessment of punitive damages based upon the factors outlined in Hodges v. S.C. Toof & Co., 833 S.W.2d 896 (Tenn. 1992).
Shelby
Supreme Court
State vs. Derrick Sayles W1998-00425-SC-R11-CD
Authoring Judge: Justice Adolpho A. Birch, Jr.
Trial Court Judge: Arthur T. Bennett
Shelby County -Derrick Sayles was convicted of second degree murder. The Court of Criminal Appeals reversed the conviction and remanded the cause for a new trial on the ground that the trial court had erred in refusing to allow Sayles's counsel to probe the circumstances surrounding the bond reduction and the charge reduction accorded to the State's principal witness immediately after his testimony. The State appealed. We hold that the trial court erred when it refused to allow Sayles's counsel to probe the circumstances surrounding benefits granted to the witness after his testimony; Sayles's right to confrontation was therefore violated. We cannot hold that this violation was harmless beyond a reasonable doubt. This cause is therefore remanded to the trial court for an evidentiary hearing to allow Sayles's counsel to probe the circumstances resulting in the bond reduction and the charge reduction, both of which were granted after the witness had testified. The judgment of the Court of Criminal Appeals is therefore affirmed in part and reversed in part and this cause is remanded to the trial court for an evidentiary hearing.
Mitchell Bingham vs. Tammy Bingham E1999-01768-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Samuel H. Payne
In this post-divorce case, Mitchell Blain Bingham filed a petition seeking the custody of his minor child. The trial court, instead, awarded the child's custody to the child's paternal grandparents, who, prior to the trial court's order awarding them custody, were not parties to the action and had not previously petitioned for custody. Both of the child's parents appeal the award of custody to the paternal grandparents. We vacate the trial court's judgment and remand for further proceedings.
In re: Estate of Willette Bonita Carnahan M1999-00494-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Tom E. Gray
This appeal arises from a will contest in which the defendant has appealed from a jury verdict invalidating a will on the grounds of unsound mind and undue influence. The deceased executed two wills. The first will was executed in 1985 naming the plaintiff who was a friend, employee, and the son of the family who cared for her in her later years as the sole beneficiary. The second will was executed in 1993 naming the defendant, a man who share cropped tobacco on her farm and was paid to mow her lawn, as the sole beneficiary. The plaintiff alleged that at the time the latter will was executed, the testator was of unsound mind and had been unduly influenced by the defendant. At trial, the jury returned special findings that the deceased was not of sound and disposing mind on December 29, 1993, when the second will was executed and that she was unduly influenced by the defendant in making the last will and testament. On appeal, the defendant presents three issues: (1) whether there was material, substantial evidence to support the jury findings, (2) whether the trial judge erred in instructing the jury regarding a presumption of undue influence and the burden of proof on finding a confidential relationship, and (3) whether the trial court erred in assessing court costs against the defendant and not awarding him attorneys fees. We affirm the judgment.
Sumner
Court of Appeals
Heatherly vs. Merrimack Mutual Fire Ins. Co. M1998-00906-COA-R10-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Thomas Goodall
This extraordinary appeal involves a dispute between two homeowners whose house was damaged by fire and the two insurance adjusting companies hired by the homeowners' insurance carrier to investigate their claim. Believing that their claim had been fraudulently processed, the homeowners filed suit in the Circuit Court for Sumner County against their insurance carrier and the two adjusting companies. The three defendants moved to dismiss the complaint as to the adjusting companies. After the trial court denied the motions and declined to grant an interlocutory appeal, the two adjusting companies petitioned for a Tenn. R. App. P. 10 extraordinary appeal. We granted the application and now reverse the trial court's denial of the motion to dismiss because the homeowners have conceded that they have no breach of contract claim against the adjusting companies and because we have concluded that the homeowners' claims are barred by the statute of limitations.
State vs. Timothy Tyrone Sanders M2000-00603-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: William Charles Lee
The Appellant, Timothy Tyrone Sanders, was convicted by a Bedford County jury of possession of more than .5 grams of cocaine with intent to sell. The Appellant was sentenced to seventeen years six months as a range II offender. On appeal, he raises the following issues: (1) whether the evidence was sufficient to support the verdict; (2) whether the trial court erred by not instructing the jury on the lesser-included offense of simple possession; and (3) whether the trial court improperly sentenced the Appellant. After review, we conclude that the trial court erred in not instructing the jury on simple possession. Accordingly, we reverse and remand for a new trial.
Bedford
Court of Criminal Appeals
Archie Lee Roberts vs. State M1999-02462-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Leon C. Burns, Jr.
The petitioner, Archie Lee Roberts, was found guilty by a jury in the DeKalb County Criminal Court of one count of first degree murder, for which he received a life sentence, and one count of attempted first degree murder, for which he received a sentence of twenty years incarceration. On direct appeal, we affirmed the petitioner's convictions. Subsequently, the petitioner filed a petition for post-conviction relief alleging ineffective assistance of counsel, which petition was denied by the post-conviction court. On appeal, the petitioner raises the following issue for our review: whether the post-conviction court erred in denying his claim for relief. Upon review of the record and the parties' briefs, we affirm the judgment of the post-conviction court.
DeKalb
Court of Criminal Appeals
State vs. Gregory Lynn Redden M2000-00988-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Robert W. Wedemeyer
The Appellant, Gregory Lynn Redden, was convicted by a Robertson County jury of burglary, theft of property over $1,000, and criminal impersonation. He received concurrent sentences of twelve years for burglary, twelve years for theft of property, and six months for criminal impersonation. On appeal, the Appellant raises the following three issues for our review: (1) whether the evidence was sufficient to support the verdict; (2) whether the trial court erred in not excusing two jurors for cause during voir dire; and (3) whether the trial court erred by allowing the statement of the Appellant's confession into evidence. After review, we find no error and affirm the judgment.
Robertson
Court of Criminal Appeals
Mahan vs. Mahan M1999-01366-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Carol A. Catalano
In this divorce case, the husband appeals the award of custody of the children to the wife, the admission of certain evidence at trial, and the redistribution of marital property on a post-judgment motion following his bankruptcy. We affirm the trial court.
Montgomery
Court of Appeals
State vs. Curtis Emery Duke M2000-00350-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: William Charles Lee
The appellant, Curtis Emery Duke, was convicted in the Marshall County Circuit Court of two counts of the sale of crack cocaine, one count of possession of crack cocaine with the intent to sell, two counts of criminal impersonation, and one count of failure to appear. The trial court sentenced the appellant to a total effective sentence of thirty-nine years. On appeal, the appellant raises the following issues for our review: (1) whether the evidence presented at trial was sufficient to sustain the appellant's convictions; (2) whether the trial court erred in failing to instruct the jury on the lesser-included offense of simple possession; and (3) whether the trial court erred in sentencing the appellant. Upon review of the record and the parties' briefs, we affirm the judgments of the trial court as modified.
Marshall
Court of Criminal Appeals
Clifton vs. Acosta-Delgado M2000-00253-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Muriel Robinson
This is a post-divorce child custody dispute. The mother filed a petition to regain custody of the parties' three children after she had entered into an agreed order in 1995 granting custody to the defendant father. After hearing testimony on, inter alia, the father driving while intoxicated with the children in the car with him, the trial court found a material change in circumstances, granted custody to the mother, and ordered the father to pay child support. The father appeals, arguing that there was not a material change in circumstances sufficient to warrant a change in custody, that the trial court inappropriately considered his child support arrearage prior to the 1995 agreed order, and that the trial court miscalculated his income, resulting in an unreasonably high child support award. We affirm, finding a material change in circumstances warranting a change in custody, and finding that the evidence does not preponderate against the award of child support.
Davidson
Court of Appeals
State vs. Harold Bayuk M2000-01654-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Timothy L. Easter
The Appellant, Harold M. Bayuk, was convicted by a Hickman County Circuit Court jury of one count of driving under the influence of an intoxicant and one count of driving on a revoked license. Following his conviction for DUI, the Appellant waived his right to jury sentencing and agreed to submit the issue of enhanced punishment to the trial court. The trial court found the Appellant guilty of DUI, third offense, and sentenced him to eleven months twenty-nine days, with 150 days to be served in confinement. On appeal, the Appellant argues that the trial court erred in sentencing him to serve 150 days instead of the statutory minimum of 120 days. After review, we affirm the judgment of the trial court in part, vacate in part, and remand this case to the trial court for entry of an amended judgment of conviction.
Hickman
Court of Criminal Appeals
State vs. Antonio Kendrick W1997-00157-SC-R11-CD
Authoring Judge: Justice E. Riley Anderson
Trial Court Judge: Arthur T. Bennett
We granted this appeal to determine whether the prosecution's failure to elect the particular offense of aggravated rape upon which it sought to convict the defendant constituted plain error and required a new trial. The main purpose of the election requirement is to preserve a defendant's right to a unanimous jury verdict under the Tennessee Constitution. A majority of the Court of Criminal Appeals affirmed the defendant's conviction for one count of aggravated rape without examining the election issue. After reviewing the record and controlling authority, we conclude that the prosecution's failure to elect the particular offense upon which it sought to convict the defendant failed to preserve the defendant's rights under the Tennessee Constitution and constituted plain error. The judgment of the Court of Criminal Appeals is reversed, and the case is remanded to the trial court for a new trial.
Shelby
Supreme Court
State vs. Vincent Sims W1998-00634-SC-DDT-DD
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: Joseph B. Dailey
Shelby
Supreme Court
State vs. Vincent Sims W1998-00634-SC-DDT-DD
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: Joseph B. Dailey
Shelby
Supreme Court
State vs. James P. Stout W1998-00079-SC-DDT-DD
Authoring Judge: Justice E. Riley Anderson
Trial Court Judge: Joseph B. Dailey
Shelby
Supreme Court
D&E Construction Co. vs. Robert J. Denley Co. W1998-00445-SC-R11-CV
Authoring Judge: Justice William M. Barker
Trial Court Judge: Walter L. Evans
The contractor submitted to arbitration a contractual payment dispute with the project owner arising from a contract to build a subdivision in Collierville. The arbitrators found in favor of the contractor and included an award of attorney's fees. The trial court determined that the arbitration panel exceeded its authority in awarding attorney's fees and vacated the arbitration award. The Court of Appeals reversed, reinstating the entire award. We hold that when the arbitrators awarded attorney's fees, they exceeded their authority by awarding upon a matter not within the scope of the contract's arbitration provision. Therefore, we reverse in part the judgment of the Court of Appeals and vacate the award of attorney's fees.
Shelby
Supreme Court
James Becton v. Grisham Corporation W1999-00183-SC-WCM-CV
Authoring Judge: George R. Ellis, Sp. J.
Trial Court Judge: Floyd Peete, Jr., Chancellor
This is an appeal by James E. Becton of a decision by the trial court that Becton did not show by a preponderance of the evidence that he had sustained an injury by accident arising out of and in the scope of his employment with Grisham Corporation. He presents three (3) issues for review: 1) whether the Chancellor erred in excluding from consideration the testimony of the claimant's treating physician.; 2) whether the opinion of the treating physician is entitled to greater weight than that of a consultant; and 3) whether the evidence of vocational disability preponderates in favor of an award of permanent partial disability and medical payments in this case.
Shelby
Workers Compensation Panel
Jonathan Duffy v. Tecumseh Products Co. W1999-00766-WC-R3-CV
Authoring Judge: W. Michael William Michael Maloan, Special Judge
Trial Court Judge: C. Creed Mcginley, Judge
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 defendant, Tecumseh Products Company (Tecumseh), appeals the judgment of the Circuit Court of Henry County which ordered Tecumseh to pay medical expenses to the plaintiff, Jonathan Duffy (Duffy). For the reasons stated in this opinion, we find the trial court erred and reverse the judgment of the trial court.
Henry
Workers Compensation Panel
Mary Alice Sloan v. Continental Casualty Company W1999-00185-WC-R3-CV
Authoring Judge: George W. Ellis, Sp. J.
Trial Court Judge: Joe C. Morris, Chancellor
This is an appeal by Continental Casualty Company of a judgment for 35% permanent partial disability to the body as a whole awarded to Mary Alice Sloan for an injury that she sustained while working for Goody's Family Clothing, Inc. on November 1, 1996. The appellant agrees that the worker sustained a compensable, work-related injury and that they had paid temporary total disability benefits and medical expenses. The only issue is whether the preponderance of the evidence supports the trial court's award to the plaintiff. The judgment of the trial court is affirmed. The costs of this appeal are taxed to the defendant.
