Opinions

Jennitia Jane Blanton Isbell v. Larry Euniel Isbell
02A01-9708-CH-00188
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Chancellor Joe C. Morris

This is a divorce case. In dividing marital property, the trial court awarded the wife 50.5% of the marital property and awarded the husband 49.5%. The trial court did not award the wife alimony or attorney’s fees. The wife now appeals the division of marital property, and the failure to award alimony and attorneys’ fees. We affirm.

Linda McDade and Gary Grooms, v. R. Henry Ivey
02A01-9805-CV-00124
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Judge Lee Moore

This is a breach of contract case. The plaintiffs and the defendant orally agreed to each submit applications to the Federal Communications Commission (“FCC”) to obtain a license to construct and maintain cellular phone operations. The parties agreed to share the profits if any one of them was awarded a license. The defendant was awarded a license, and the plaintiffs sued to enforce the agreement. The trial court granted summary judgment to the defendant finding the contract was illegal under FCC rules and therefore unenforceable. The plaintiffs appeal. We affirm.

Cheryl Lynn (Douglas) Humphrey v. David Arnold Humphrey
01A01-9802-CV-00109
Authoring Judge: Judge Thomas Goodall
Trial Court Judge: Judge Patricia J. Cottrell

Appellant David A. Humphrey commenced this pro se appeal to challenge the trial court's Final Decree granting a divorce to Appellee Cheryl Lynn (Douglas) Humphrey on the ground of inappropriate marital conduct. He asserts that the divorce should have been granted to him or the court should have simply declared the parties divorced. He also challenges the trial court’s child custody and visitation order, asking that in person visitation be required. Finally, he objects to the assessment of costs against him.

Carl Milliken v. Steven Feldt, Lori Feldt, and Robert Gaskin, Individually
01A01-9806-CV-00271
Authoring Judge: Judge William B. Cain
Trial Court Judge: Judge Thomas Goodall

This case involves an appeal from the SumnerCounty Circuit Court’s de novo review of a case from General Sessions Court, in which only one of the General Sessions Defendants perfected an appeal to circuit court.

HBO Direct, Inc., v. Ruth E. Johnson, Commissioner of Revenue, State of Tennessee
01A01-9804-CH-00221
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

This case involves a contest of Tennessee sales and use tax assessed by the defendant Tennessee Commissioner of Revenue. The plaintiff satellite programming television company argues that its services are not taxable telecommunications because, as “broadcast[s] . . . for public consumption,” the satellite television services are excluded from the definition of taxable telecommunications. The trial court granted summary judgment in favor of the plaintiff satellite programming television company. The defendant Commissioner appeals. We affirm.

State of Tennessee v. Richard Allen
01C01-9712-CR-00593
Authoring Judge: Judge Joseph G. Riley
Trial Court Judge: Judge J. Randall Wyatt, Jr.

Defendant, Richard Allen, was indicted for the first degree murders of David Lee Day and James Kevin Huckaby. A Davidson County jury convicted the defendant of the lesser offense of second degree murder of David Lee Day and acquitted him of the Huckaby homicide. The trial court sentenced him as a Range I standard offender to twenty-five years incarceration. In this appeal as of right, defendant contends that his conviction must be reversed because of insufficient evidence to corroborate the testimony of an accomplice. The state prosecuted this accomplice for first degree murder, sought the death penalty, and allowed him to plead guilty to second degree murder during the accomplice's trial. The state has now changed its position and argues that he was not an accomplice. This is, however, impermissible. Since this felon-accomplice provided the only testimony linking the defendant to the crime, the long-standing, firmly established law in this state requires us to REVERSE the conviction.

Willie Vann vs. Calvin Howell
02A01-9809-CV-00246
Trial Court Judge: James E. Swearengen

State vs. Lonnie Ray Thompson
03C01-9809-CC-00319
Trial Court Judge: Ben K. Wexler

Nathan v. Harris,
03S01-9805-CH-00047
Authoring Judge: Joe C. Loser, Jr., Special Judge
Trial Court Judge: Hon. Richard Ladd,
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. section 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The appellant insists "the trial court abused his discretion when it allowed the plaintiff to re-open his proof after final judgment was entered against plaintiff." The appellee insists the "defendant has waived the issue it now presents for appellate review, due to the fact that defendant failed to make the appropriate objection at the trial court level." As discussed below, the panel has concluded the judgment should be affirmed. On April 19, 1993, the employee or claimant, Kilgore, suffered a work related accidental injury at work. He filed a complaint averring he suffered from reflex sympathetic dystrophy syndrome because of the accident, seven requests for production of documents and twenty-four interrogatories in the Chancery Court for Sullivan County on November 23, 1993. On February 8, 1994, the employer filed its answer admitting the work related accident, but denying that the claimant's medical condition was causally connected to the accident. On November 21, 1995, over two and one-half years after the accident, the claimant filed an amended complaint, averring the same thing, but also claiming an injury in September of 1992. On August 16,1996, an order of readiness was entered setting the case for trial on October 16, 1996. Two days before scheduled trial date, the defendant answered the amended complaint by asserting that the claim was time barred to the extent that the plaintiff was seeking benefits for the September, 1992 injury. The case was actually tried on November 16, 1996. The chancellor found that the 1992 claim was time barred, that the plaintiff had failed to establish that he suffered a compensable work related permanent injury in the 1993 accident, but that he was temporarily and totally disabled from May 19, 1993 to September 7, 1993 and that he would retain a permanent partial disability of fifteen percent to the body as a whole. The last two findings were contingent 2

Claude Garrett vs. State
01C01-9807-CR-00294

State vs. Calvin Havner
01C01-9806-CC-00275
Trial Court Judge: Thomas W. Graham

State vs. Daniel M. Tidwell
01C01-9807-CC-00288
Trial Court Judge: Donald P. Harris

State vs. Allen R. Jordan
01C01-9807-CC-00315
Trial Court Judge: Donald P. Harris

State vs. Roy Sherrod
02C01-9806-CR-00164
Trial Court Judge: James C. Beasley, Jr.

State vs. Lester Bell
03C01-9712-CR-00541
Trial Court Judge: Richard R. Baumgartner

Anderson vs. Anderson
03A01-9810-CV-00366

Ford v. Rubbermaid
03S01-9806-CV-00060
Authoring Judge: Howell N. Peoples, Special Judge
Trial Court Judge: The Honorable

Lemay vs. State
01A01-9807-CH-00397
Trial Court Judge: Carol L. Mccoy

Simpson vs. Bicentennial Volunteers
01A01-9809-CV-00493
Trial Court Judge: Barbara N. Haynes

Butler vs. TDOC
01A01-9808-CH-00428

Dotson vs. TDOC
01A01-9811-CV-00596

Baker vs. Mundaca Investment Corp.
01A01-9809-CH-00498
Trial Court Judge: Carol L. Mccoy

Duvall vs. Mobley
01A01-9810-CV-00530
Trial Court Judge: Patricia J. Cottrell

In re: The Estate of Carlton Agib Blessing
01A01-9810-PB-00550

Montz vs. Montz
01A01-9812-CV-00635
Trial Court Judge: Marietta M. Shipley