Ann S. Wing v. James E. Wing - Concurring
This is a domestic relations dispute involving money only. The trial court held that a certificate of deposit and one investment account were the separate property of Husband and declined to award Wife alimony or the total amount of her attorney fees. She appeals and presents these issues for review. |
Davidson | Court of Appeals | |
Billy Flowers and Amy Flowers v. Charles R. Horner and Reba M. Horner - Concurring
This controversy may, perhaps, be described as a boundary dispute. The development of Riverview Estates Subdivision began in 1971 with the recordation of a plat which provided for a cul-de-sac fifty feet in width centered on the West boundary of Lot 23. |
Hickman | Court of Appeals | |
State of Tennessee , Department of Children's Services, v. Tamra Leeann Viar, and John Fitzgerald Gross, the unknown father of Katelyn Nicole Viar, In the Matter Of: Katelyn Nicole Viarelyn Nicole Viar
The parental relationship between Tamra Viar and her daughter, Katelyn, was terminated by the Juvenile Court, the propriety of which she presents for review. Our review of the findings of fact made by the trial Court is de novo upon the record of the trial Court, accompanied by a presumption of the correctness of the finding, unless the preponderance of the evidence is otherwise. |
Cannon | Court of Appeals | |
State of Tennessee vs. Troy R. Walls
A Rutherford County grand jury indicted defendant for aggravated rape, two counts of aggravated sexual battery, and rape of a child for incidents involving his young female cousin. A negotiated plea agreement allowed defendant to plead to one count of rape, a Class B felony, and one count of incest, a Class C felony. The agreed upon sentences were eight years for rape and three years for incest to be served consecutively as a Range I, standard offender. The sole issue on appeal is the trial court’s denial of alternative sentencing. However, plain error dictates that the convictions be VACATED and the case REMANDED for further proceedings. The defendant pled guilty to incest which is neither a lesser included nor a lesser grade of child rape; nor do the acts of the defendant constitute the crime of incest. |
Rutherford | Court of Criminal Appeals | |
IN RE: Estate of Louise C. Davis, Deceased; Sarah Foster Kelley v. Sarah Hill Martin - Concurring
This appeal involves the validity of certain transactions entered into by the holder of a power of attorney. The trial court set aside the transactions finding that the attorney in fact had failed to rebut the presumption of undue influence which arose in light of these self-benefitting transactions. We affirm the decision of the trial court. |
Davidson | Court of Appeals | |
State of Tennessee vs. Tony Randall Arnold
The defendant, Tony Randall Arnold, appeals as of right his conviction by a Benton County jury of simple assault, a Class B misdemeanor. See Tenn. Code Ann. § 39-13-101(a)(3). The trial court sentenced the defendant to six (6) months in jail to be served at 75%. The sole issue for appeal is whether the trial court properly sentenced the defendant. |
Benton | Court of Criminal Appeals | |
County of Benton, v. H&W Environmental Services and Waste Managment Inc. of Tennessee
Benton County appeals the trial court’s order granting summary judgment to H & W Environmental Services, Inc. (H&W) and Waste Management, Inc. of Tennessee (Waste Management) and denying summary judgment to Benton County. For the reasons stated hereafter, we affirm the trial court’s grant of summary judgment. |
Benton | Court of Appeals | |
Jeri St. John D/B/A Jeri's v. Beer Permit Board, a Division of Henry County
Plaintiff, Jeri St. John (“St. John” or “Appellant”) appeals the trial court’s judgment 2 in favor of Defendant, Beer Permit Board (“Beer Board” or “Appellee”) denying St. John a beer permit for her business “Jeri’s” n/k/a “The Foxy Lady.” |
Henry | Court of Appeals | |
Mary M. Pawlakos v. Laurie Watson Pawlakos
Respondent Laurie Watson Pawlakos (the Wife) appeals the trial court’s order requiring her to return certain funds to the estate of her deceased husband, John T. Pawlakos (the Decedent). For the reasons hereinafter stated, we affirm in part and reverse in part the trial court’s judgment. |
Stewart | Court of Appeals | |
Allen E. Hasty, Judy Darlene Hasty v. Thomas R. Throneberry, Ind., D/B/A Throneberry Properties and Sharon Clutter
Defendant Thomas R. Throneberry appeals the trial court’s judgment in the amount of $6,000 entered in favor of Plaintiff/Appellee Allen E. Hasty after a jury trial. For the reasons hereinafter stated, we affirm the trial court’s judgment. |
Rutherford | Court of Appeals | |
Roger P. Hogan, Fred C. Dance, and Music City Dust-Tex Service, Inc., v. Coyne International Enterprises Corp. D/B/A Coyne Textile Services
This action is based on a series of contracts executed in the sale of an industrial dust control and laundry business. The Chancery Court of Davidson County dismissed the claims of the sellers, held that one of the sellers had breached one of the agreements but that the buyer had failed to prove its damages, and awarded the buyer attorneys’ fees. We reverse the dismissal of the sellers’ action and modify the award of attorneys’ fees. |
Davidson | Court of Appeals | |
State of Tennessee v. Carolyn Strickland
The Petitioner, Carolyn Strickland, appeals the order of the Jackson County Criminal Court dismissing her petition for post-conviction relief. In her sole issue on appeal, Petitioner argues she was incompetent to stand trial due to the medication she was taking during the trial and was, therefore , denied her right to due process and a fair trial. Petitioner was convicted of first degree murder and received a sentence of life imprisonment in the Jackson County Criminal Court. The conviction was affirmed on appeal. State v. Carolyn Strickland, No. 01C01-9212-CR-00390, Jackson County (Tenn. Crim. App., at Nashville, March 23, 1995), perm. to appeal denied, (Tenn. 1995). Following the denial of her permission to appeal, she filed a petition for post-conviction relief. In post-conviction proceedings, the pe titioner bears the burden of proving the allegations raised in the petition by clear and convincing evidence. Tenn. Code Ann. § 40-30-210(f). Moreover, the trial court’s findings of fact are conclusive on appeal unless the evidence preponderates against the judgment. Tidwell v. State, 922 S.W.2d 497, 500 (Tenn. 1996); Campbell v. State, 904 S.W.2d 594, 596 (Tenn. 1995); Cooper v. State, 849 S.W.2d 744, 746 (Tenn. 1993). As the evidence does not preponderate against the findings of the trial court, we affirm the trial court’s dismissal of the petition. |
Jackson | Court of Criminal Appeals | |
Alvin Ralph Mann v. Ckr Industries, Inc.
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Franklin | Workers Compensation Panel | |
Donnie G. Smith v. Heritage Ford-Lincoln-Mercury, et al
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Smith | Workers Compensation Panel | |
Margie Byers v. Calfee Company of Dalton, Inc.
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Warren | Workers Compensation Panel | |
Linda Gerry v. Challenger Electrical Materials
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Sumner | Workers Compensation Panel | |
James Darvin Harvey v. Mueller Company
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Sequatchie | Workers Compensation Panel | |
Patricia Henley v. Ckr Industries, Inc.
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Franklin | Workers Compensation Panel | |
State vs. Kessler
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Blount | Court of Criminal Appeals | |
Wright vs. State
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Hamilton | Court of Criminal Appeals | |
Donald Major v. Lincoln Brass Works
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Wayne | Workers Compensation Panel | |
Erma Little v. Royal Ins Co
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Davidson | Workers Compensation Panel | |
State vs. Alvin Robinson
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Shelby | Court of Criminal Appeals | |
State vs. Joe Ivy
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Shelby | Court of Criminal Appeals | |
Malcolm Mills, et al vs. Ken Hancock, Ind., et al
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Davidson | Court of Appeals |