State vs. David Ryan Swanson
E1998-00041-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Trial Court Judge: Douglas A. Meyer

Martin, et al vs. Coleman
E1998-00739-SC-R11-CV
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: John A. Turnbull

Globe Business Furniture, Inc. v. Edeltraub Ingrid Morris
M1999-00393-WC-R3-CV
Authoring Judge: Per Curiam
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann. _5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The employer, Globe, initiated this action for a declaration of the extent of its liability, if any, to the employee, Morris, for an injury to her finger. The employee, Morris, filed a counterclaim seeking medical and disability benefits. After a trial on the merits, the trial judge found (1) that the injury did not arise out of and in the course of employment and (2) the claimant was not permanently disabled to any extent. The counterclaim was dismissed at the cost of Ms. Morris. By this appeal, the employee insists the trial judge erred in finding that the claimant's injury did not occur while she was performing a "special errand" for the employer and in refusing to award any disability benefits. As discussed herein, the panel finds that the injury is compensable and remands the case to the trial court for further proceedings. Tenn. Code Ann. _ 5-6-225(e) Appeal as of Right; Judgment of the Circuit Court reversed in part; and Remanded Loser, Sp. J., delivered the opinion of the panel, in which Drowota, J. and Gayden, Sp. J. joined. D. Stuart Caulkins, Stillman, Karr & Wise, Nashville, Tennessee, for the appellant, Edeltraub Ingrid Morris. Arthur E. McClellan, Gallatin, Tennessee, for the appellee, Globe Business Furniture of Tennessee, Inc. MEMORANDUM OPINION The facts are not disputed. The claimant came to the United States in 1988 from her home country of Germany. She graduated from high school in Germany and had three years of training in a hotel -2-

Lumbermen's Mutual Underwriting Alliance v. Ramon
M1999-00453-WC-R3-CV
Authoring Judge: Loser, Sp. J.
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann. _5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. In this case, the employer contends (1) the trial court erred in awarding, as medical benefits, the fees of an unapproved chiropractor and (2) the award of temporary total disability benefits is excessive. The employee insists the trial court erred in denying him any permanent partial disability benefits. As discussed herein, the panel has concluded the award should be modified by disallowing the unapproved medical benefits, by reducing the award of temporary total disability benefits from fifty-four weeks to two weeks and by awarding permanent partial disability benefits based on fifteen percent to the body as a whole. Tenn. Code Ann. _ 5-6-225(e)(3) Appeal as of Right; Judgment of the Circuit Court Modified LOSER, SP. J., in which DROWOTA, J., and CANTRELL, SP.J. joined. Richard C. Mangelsdorf, Jr., Leitner, Williams, Dooley & Napolitan, Nashville, Tennessee, for the appellant, Lumbermen's Mutual Underwriting Alliance, Appellant Martin S. Sir, Nashville, Tennessee, for the appellee, Ramon Sanchez MEMORANDUM OPINION The employee or claimant, Sanchez, is forty-five years old and has a seventh or eighth grade education. He moved to the United States from Puerto Rico in 1969. He has experience in construction labor. He began working for the employer, Concrete Form Erectors, in March of 1995. On April 23, 1996, while working for the employer, the claimant and another worker, Robert Garst, were constructing forms for a wall when it began to sway because of high winds. As the wall was -2-

Cassandra Myles vs. Peter Myles
W1999-00495-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: George H. Brown
This is a divorce case. The husband failed to appear for the rescheduled hearing on the wife's motion for default judgment. The trial court granted default judgment and, at a subsequent final divorce hearing from which the husband was also absent, granted the wife a divorce and awarded her alimony in solido. The husband then filed motions to set aside the default judgment and for a new trial, asserting that he had not received notice of either the rescheduled hearing on default judgment or the final divorce hearing. The trial court denied both motions. The husband appeals. We affirm, finding that the husband's neglect was not excusable.

Billy Childress vs. Natasha Currie
W1999-00471-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Joseph H. Walker, III

Roger Kaufman vs. State
W1999-02449-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Jon Kerry Blackwood

State vs. Percy Farris
W2001-01787-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Jon Kerry Blackwood
The Defendant, Percy Perez Farris, was convicted by a jury of attempt to commit first degree premeditated murder and especially aggravated robbery. The trial court sentenced the Defendant to twenty-five years for each offense, to be served concurrently in the Department of Correction. In this direct appeal the Defendant raises the following issues: (1) whether the trial court erred in denying the Defendant's motion to change venue; (2) whether the trial court erred in refusing to suppress identification testimony; (3) whether the trial court erred in refusing to suppress evidence concerning the victim's blood; (4) whether the evidence is sufficient to support the convictions; and (5) whether cumulative error requires a new trial. We affirm the judgment of the trial court.

State vs. Benito Gomez
M1998-00096-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: William Charles Lee

State vs. Robbie Davidson
M1997-00130-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Leon C. Burns, Jr.

Roller vs. Roller
M1999-00103-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Robert P. Hamilton

In re: S.B., et al
M1999-00140-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Robert E. Burch

Goolsby vs. Upper Cumberland Oil, Inc.
M1998-00986-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Bobby H. Capers

Horton vs. Parole Eligibility Review Bd.
M1999-02617-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Ellen Hobbs Lyle
An inmate in custody of the Department of Correction filed a petition for a common law Writ of Certiorari alleging that the Board of Paroles acted arbitrarily and illegally in denying him parole. The trial court entered a motion to dismiss for failure to state a claim upon which relief can be granted. This appeal followed and we affirm the trial court.

ATS Southeast, Inc., et al vs. Carrier Corp.
M1999-02658-SC-R23-CQ
Authoring Judge: Justice Adolpho A. Birch, Jr.
Trial Court Judge: Aleta A. Trauger

Crowe vs. Crowe
M1999-01889-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Clara W. Byrd

Mario Haywood vs. Dept. of Corrections, et al
M1999-02282-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Carol L. Mccoy
The plaintiff prison inmate filed pro se petition for declaratory judgment and/or a writ of certiorari seeking review of prison disciplinary board's finding of guilt and the punishment relating to a prison incident. The trial court dismissed the petition for lack of jurisdiction, finding that declaratory judgment was not available for a review of prison disciplinary proceedings and that the petition for a writ of certiorari was untimely filed. The trial court also denied the plaintiff's subsequent petition to rehear. The plaintiff appeals from the dismissal of his original petition and the denial of his petition to rehear. We affirm

State of Tennessee v. Jason Ingram Stokes
M1999-1892-CCA-R3-CA
Trial Court Judge: Jim T. Hamilton

State of Tennessee v. Charles Ray Powell
01C01-9806-CC-00260
Trial Court Judge: Thomas W. Graham

Moore , 814 S.W.2D 381, 383 (T Enn. Crim . App. 1 991); State v. Da Vis, 706 S.W.2D 96, 97 (Tenn. Crim. App. 1985);
01C01-9807-CC-00301
Trial Court Judge: W. Charles Lee

Roxie Crowell vs. City of Memphis
W1999-02747-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Kay S. Robilio

John Layton vs. Penny Layton
W1999-02274-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: D'Army Bailey

State vs. Gerald Cathey
W1999-00660-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Chris B. Craft

State vs. West
E1997-00166-SC-R11-PD
Authoring Judge: Justice Adolpho A. Birch, Jr.
Trial Court Judge: John K. Byers

Stacy's Carpet Steam Cleaning Co. vs. David McNeely, et al
E1999-01880-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Jean A. Stanley
Stacy's Carpet Steam Cleaning Company d/b/a Bent Nail Construction, the Plaintiff, appeals a judgment from the Carter County Chancery Court. The Plaintiff's issues are whether the Trial Court erred in calculating the damages, erred in failing to award prejudgment interest, and erred in failing to enforce a mechanic's lien. The Defendants raise an issue insisting the parties reached an accord and satisfaction or a new contract. We affirm the judgment of the Trial Court pursuant to Rule 10 of this Court as to the Plaintiff's issues one and two and as to the Defendants' issue and modify its judgment as to the Plaintiff's issue three regarding enforcement of its lien.