Donnie Vaught, et al. v. Alan Jakes, Sr. and wife Deborah Jakes, et al.
A group of Rutherford County landowners whose property abutted one side of a private road which they maintained at their own expense filed a suit for trespass against a neighbor and developer who used the same road for access to houses he was building on the other side. Their suit also included a due process claim against the County for erroneously granting building permits for those houses. At the conclusion of the plaintiffs’ proof, the trial court announced that it agreed that the building permits were granted in error, but it ruled that the county’s action was an innocent error rather than a due process violation. The trial court also granted the developer’s motion to dismiss the plaintiffs’ claims against him, holding that he was entitled to use the road because of a permanent easement he had acquired from his predecessors-in-interest. We affirm the trial court’s dismissal of the due process claim. However, we vacate its dismissal of the trespass claim because the plaintiff was able to present evidence that the individual who sold the property to the defendant had abandoned the easement and, thus, that the defendant had no right to use the road. We remand this case for further proceedings to give the defendant the opportunity to present evidence. |
Rutherford | Court of Appeals | |
Baptist Memorial Hospital and Baptist Memorial Health Care Corporation v. Argo Construction Corporation, Hanson Pipe & Products South, Inc., and ETI Corporation and ARGO Construction Corporation v. Hanson Pipe & Products South, Inc.
This appeal involves a cross-claim for indemnity. The cross-plaintiff construction company served as the general contractor on a drainage improvement project for a hospital. The cross-defendant subcontractor manufactured and provided concrete pipe for the project, which was installed by the general contractor. After completion of the project, a sinkhole developed in the hospital’s parking lot. An investigation revealed that the internal steel reinforcement for the concrete pipe was improperly positioned. The hospital sued, among others, the general contractor and the pipe subcontractor. The general contractor then filed a cross-claim against the pipe subcontractor for indemnity in the event the hospital received a judgment against the general contractor. The subcontractor filed a motion for summary judgment as to the general contractor’s indemnity claim, arguing that the claim was barred by (1) the one-year limitations period contained in the parties’ contract, as permitted under Tennessee Code Annotated § 47-2-725, and (2) the exclusive remedy provision in the parties’ contract, which provided that the only remedies available to the general contractor were repair, replacement, or refund of the purchase price of the pipe. The general contractor argued that the one-year contractual limitations period was not applicable to its indemnity claim, and that the exclusive remedy provision did not preclude its indemnity claim. In the alternative, the general contractor argued that, because the defect in the pipe was latent and not discoverable upon reasonable inspection, the exclusive remedy in the contract failed of its essential purpose and the general contractor was not bound by it. The trial court granted the subcontractor’s motion for summary judgment, concluding that the indemnity claim was barred by the one-year contractual limitations period and the exclusive remedy provision, and also that the latency of the alleged defect in the pipe did not cause the exclusive remedy to fail of its essential purpose. The |
Shelby | Court of Appeals | |
Alfonzo Williams v. State of Tennessee - Dissenting
In the present case, the majority concludes that the trial court’s answer to the jury’s question regarding the self-defense jury instruction fairly instructed the jury and did not mislead them as to the applicable law, and therefore “the Petitioner has failed to show that he was prejudiced by the performance of counsel in his lack of objection during the trial and failure to preserve the issue on appeal.” For the reasons stated below, I must respectfully dissent from this conclusion. |
Shelby | Court of Criminal Appeals | |
Alfonzo Williams v. State of Tennessee
The Petitioner, Alfonzo Williams, appeals from the Shelby County Criminal Court’s denial of post-conviction relief from his conviction for second degree murder and sentence of twenty years in the Department of Correction. The Petitioner argues that he received the ineffective assistance of counsel at trial in failing to object to the trial court’s self-defense jury instruction, failing to request a supplemental instruction, failing to object to the trial court’s answer in response to a jury question, and failing to raise the issue in his motion for new trial. He also argues that he received the ineffective assistance of appellate counsel because counsel did not address these issues on appeal. We conclude that the Petitioner failed to prove that his counsel was ineffective. We affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
East Ridge Dental Center, Inc., and Drew Shabo, DDS., vs. Joseph D. Prince, DDS.
Plaintiffs sued the defendant, alleging breach by defendant of the contract with defendant to purchase his dental practice. Included in the agreement was a restrictive covenant not to compete. Following an evidentiary hearing, the trial Court held that the $75,000.00 that was paid for the restrictive covenant should be returned to the plaintiffs under the theory of unjust enrichment, because the covenant was not enforceable. On appeal, we hold that defendant abided by the terms of the restrictive covenant for five of the seven years that the covenant covered and, as a matter of equity, the Judgment of the trial court should be reduced proportionately. |
Hamilton | Court of Appeals | |
State of Tennessee, Department of Children's Services v. Marlow Williams, et al. - Dissenting
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Shelby | Court of Appeals | |
State of Tennessee, Department of Children's Services v. Marlow Williams, et al.
This is a termination of parental rights case. Father/Appellant appeals the termination of his parental rights to the minor child at issue in this case. Finding that the grounds of abandonment, unwillingness to assume custody, and failure to establish paternity are not established by clear and convincing evidence in the record, we reverse in part, affirm in part and dismiss. |
Shelby | Court of Appeals | |
State of Tennessee v. Orlando Smith
The Defendant-Appellant, Orlando Smith (“Smith”), appeals the revocation of his probation and community corrections sentences by the Madison County Circuit Court. He contends that the trial court abused its discretion in revoking both of his alternative sentences. Following our review, we find no abuse of discretion. Accordingly, the orders of the trial court are affirmed. |
Madison | Court of Criminal Appeals | |
T.O.T.S., Inc. v. Whirlpool Corporation
Plaintiff appeals the trial court’s dismissal of its complaint for failure to state a claim. We dismiss the appeal for failure to appeal a final judgment. |
Madison | Court of Appeals | |
Charles Cruse v. Rollins Truck Leasing, et al.
Employee had a heart attack in 1996. He and Employer entered into a court-approved settlement of the claim, requiring Employer to provide future medical treatment for the injury. In 2000, Employee experienced additional coronary problems, which required bypass surgery. The trial court denied his petition to require Employer to pay for that medical care. We affirm the judgment.1 |
Shelby | Workers Compensation Panel | |
State of Tennessee v. Willie Douglas Johnson
A Knox County Criminal Court jury convicted the defendant, Willie Douglas Johnson, of attempted second degree murder, two counts of aggravated assault, and three counts of unlawful possession of a weapon. After merging the aggravated assault convictions into the conviction of attempted second degree murder and the weapon possession charges into a single conviction, the trial court imposed consecutive sentences of 25 years for attempted second degree murder and six years for unlawful possession of a weapon. In this appeal, the defendant asserts that the trial court erred by ruling that the State would be permitted to impeach his testimony through the use of prior felony convictions and that the trial court erred by enhancing his sentence on the basis that he showed no hesitation in committing the crimes when the risk to human life was high. Discerning no error, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
Lena Jaden v. Vanderbilt University
A graduate student at Vanderbilt sued after the university terminated her graduate studies. She claimed that Vanderbilt breached its contract with her. The trial court granted summary judgment to Vanderbilt. We affirm. |
Davidson | Court of Appeals | |
Highwoods Properties, Inc. et al. v. City of Memphis - Dissenting
At the heart of this case is the operation of the checks and balances that influence and control a municipality’s exercise of its power to annex adjoining property. The controversy involves a duly enacted annexation ordinance that was substantially altered in a negotiated settlement of litigation between some of the affected property owners and the attorney representing the municipality. Other affected property owners filed suit in the Chancery Court for Shelby County seeking a declaratory judgment regarding the validity of the effectively amended annexation ordinance that had not been ratified by the municipality’s legislative body. The trial court, the Court of Appeals, and now this Court have dismissed the complaint because it was not filed within the thirty-day period within which a quo warranto action challenging the reasonableness of the annexation must be filed. I respectfully dissent. The aggrieved property owners are entitled to their day in court. They are not challenging the reasonableness of the original annexation ordinance. To the contrary, they are challenging the legality of the negotiated settlement that effectively amended the original annexation ordinance without the approval of the Memphis City Council. |
Shelby | Supreme Court | |
Highwoods Properties, Inc., et al. v. City of Memphis
The Plaintiffs filed an action for declaratory judgment seeking to set aside a consent judgment entered in a lawsuit between property owners in an area of a proposed annexation and the City of Memphis. The earlier lawsuit, which the Plaintiffs failed to timely join, was a quo warranto challenge to an ordinance purporting to annex certain territory contiguous to the boundaries of the City. The consent judgment provided for the annexation of the territory described within the ordinance in two stages, with a portion of the area having an effective annexation date in 2006 and the remainder having an effective date in 2013. The trial court dismissed the complaint and the Court of Appeals affirmed. We granted permission to appeal in order to determine the propriety of the challenge to the consent decree approving of the two-step annexation. We hold that (1) the Plaintiffs are not authorized to file a declaratory judgment action challenging the consent judgment as violative of the terms of the annexation ordinance; and (2) the consent judgment did not create an unconstitutional taxing structure. The judgment of dismissal is, therefore, affirmed. |
Shelby | Supreme Court | |
Robert Edwards, et al. v. City of Memphis
The Charter of the City of Memphis provided for automatic promotion of police officers to the rank of captain after thirty years of service. In 2005, the rank of thirty-year captain was abolished, except for pension purposes. Plaintiffs, police officers with the City of Memphis, filed suit stating that they had been denied promotions to which they were entitled under the Charter, and asking the court to require that such promotions be given. The trial court dismissed Plaintiffs’ claim, finding that the suit was barred under the doctrine of res judicata. Plaintiffs appeal. We reverse. |
Shelby | Court of Appeals | |
Steven Waters, et al. v. Reagan Farr, Commissioner of Revenue for the State of Tennessee
Effective January 1, 2005, the Tennessee General Assembly enacted a tax on the possession of unauthorized substances for the purpose of generating revenues to assist state and local law enforcement agencies in their efforts to combat drug crimes. Subsequently, Steven Waters was assessed with taxes, penalty, and interest in the total amount of $55,316.84 by the Tennessee Department of Revenue after purchasing nearly a kilogram of cocaine from a confidential informant. In a declaratory judgment suit in the Chancery Court of Loudon County, Waters challenged the constitutionality of the statute on grounds of self-incrimination, double jeopardy and due process. The chancellor declared the statute unconstitutional and set aside the assessment. On direct appeal, the Court of Appeals affirmed, holding that the enactment exceeded the General Assembly’s taxing power under article II, section 28 of the Tennessee Constitution. Initially, we hold that the statute imposing the tax on unauthorized substances does not violate the constitutional protections against self-incrimination and double jeopardy or abridge the guarantee of procedural due process. Because, however, the tax cannot be classified as either a tax on merchants, a tax on peddlers or a tax on privileges, as authorized by our state constitution, the judgment of the Court of Appeals is affirmed. |
Loudon | Supreme Court | |
Steven Waters, et al v. Reagan Farr, Commissioner of Revenue for the State of Tennessee - Concurring/Dissenting
The Court today invalidates the Unauthorized Substances Tax on the ground that it exceeds the General Assembly’s taxing power under Article II, Section 28 of the Tennessee Constitution. The Court reaches this conclusion despite the precedents requiring us to interpret statutes in a manner that sustains, rather than defeats, their constitutionality. Even though I concur with the Court’s conclusions that the Unauthorized Substances Tax does not run afoul of the state and federal constitutional prohibitions against double jeopardy and self-incrimination and that it is consistent with the requirements of due process, I cannot concur with its decision that this tax cannot be imposed in a constitutional manner on persons who possess significant quantities of illegal drugs for the purpose of resale. |
Loudon | Supreme Court | |
Megan Griswold v. Josh Williams, et al
Sellers of truck appeal award of damages and attorneys fees awarded to purchaser based on finding that sellers violated the Tennessee Consumer Protection Act. Finding no error, we affirm the decision of the trial court. |
Rutherford | Court of Appeals | |
State of Tennessee, ex rel., Janice L. Bane v. William E. Jarvis
Father appeals order finding him in contempt of court and sentencing him to a total of 180 days incarceration. Finding no error, we affirm. |
Davidson | Court of Appeals | |
State of Tennessee v. Sam Avery Wilhoite
The defendant, Sam Avery Wilhoite, was indicted on ten counts of forgery involving five forged checks. A Bedford County Circuit Court jury convicted him of eight counts of forgery and lesserincluded charges on two of the counts. The trial court merged five of the counts, including the lesser-included convictions, with the five other counts and sentenced the defendant to an effective term of eight years in the Department of Correction. On appeal, he challenges the sufficiency of the evidence and the sentence imposed by the trial court. After review, we affirm the judgments of the trial court. |
Bedford | Court of Criminal Appeals | |
Larry Lynn Averitt, Sr. v. Lynn Binkley Averitt
In this divorce dispute, Wife argues that the trial court erred in not awarding her the divorce, by characterizing her condominium as marital property, and in the division of marital assets, including funds that the court found Husband had dissipated from the marital estate. Finding that the Husband did not dissipate marital funds, we reverse. On all other issues, we affirm. |
Montgomery | Court of Appeals | |
State of Tennessee v. Marcie Lynn Pursell
The Defendant, Marcie Lynn Pursell, aka Marcie Pursell Frazier, was indicted in the Davidson County Criminal Court for three counts of aggravated child abuse. Thereafter, the Davidson County Juvenile Court concluded that the State had not proved allegations, in a dependent and neglect petition, that the defendant had injured her child or allowed the child to be injured. The defendant sought to dismiss the felony child abuse charges in criminal court on collateral estoppel grounds. The trial court denied her motion. The trial court and this Court granted her Rule 9 application for an interlocutory appeal. Following our review of the record, the judgment of the Davidson County Criminal Court finding that the State was not collaterally estopped from pursuing criminal prosecution against the defendant is affirmed. This case is remanded to the trial court for further proceedings. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Jecory J. Leonard
The appellant, Jecory J. Leonard, pled guilty in the Montgomery County Circuit Court to facilitation of second degree murder and facilitation of attempted first degree murder, Class B felonies. The plea agreement provided that the length and manner of service of the sentences would be determined by the trial court. Following a sentencing hearing, the appellant was sentenced to concurrent sentences of ten years in the Tennessee Department of Correction. On appeal, the appellant challenges the |
Montgomery | Court of Criminal Appeals | |
Bryant D. Millen v. State of Tennessee
The petitioner, Bryant D. Millen, appeals the post-conviction court’s denial of his petition for post-conviction relief. On appeal, he asserts that he received the ineffective assistance of counsel. Specifically, he argues that his trial counsel was ineffective in failing to interview and investigate witnesses. He further asserts that trial counsel failed to impeach the testimony of a witness with a prior inconsistent statement. After a thorough review of the record and the parties’ briefs, the judgment of the post-conviction court denying post-conviction relief is affirmed. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Michael Vincent Ricco
The defendant was convicted by jury of rape of a child and aggravated sexual battery. He was |
Henderson | Court of Criminal Appeals |