Defendant, Jeret Phillips, appeals from the order of the Sullivan County Criminal Court which revoked Defendant's probation and required him to serve his sentence in the Tennessee Department of Correction. After a thorough review of the record, we affirm the judgment of the trial court.
Sullivan
Court of Criminal Appeals
Steven Bohanon, et al vs. Jones Bros., Inc.
M1998-00954-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Ernest B. Pellegrin
This appeal involves a property damage claim arising from blasting activities incident to the construction of improvements to State Highway 52 in Macon County. Two neighboring property owners filed suit against the contractor responsible for the blasting in the Circuit Court for Macon County seeking actual and punitive damages. A jury returned a verdict for the contractor, and the trial court denied the property owners' post-trial motions. The property owners assert on this appeal that the trial court erred by permitting the introduction of incompetent evidence regarding compliance with the Tennessee Blasting Standards Act of 1975 and by failing to give a promised curative instruction. They also challenge the evidentiary support for the verdict. We have determined that the trial court did not commit reversible error either by admitting the evidence regarding the contractor's seismic monitoring or by overlooking the requested curative instruction. We also decline to second-guess the verdict to the extent that it rested on an assessment of the property owners' credibility regarding the nature and extent of the damages caused by the blasting. Accordingly, we affirm the judgment.
Macon
Court of Appeals
Cecelia Hutcheson v. Andrew W. Hutcheson
M2000-02340-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Arthur E. Mcclellan
On August 18, 2000, Appellant was held to be in civil contempt of court for failure to pay alimony and failure to deliver property to his former wife in compliance with the previous divorce judgment in the case. We affirm the judgment of the trial court.
Omawali Shabazz, aka Fred Edmond Dean vs. Greeley Wells
E2001-02315-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: R. Jerry Beck
In this suit, wherein Omawali Ashanti Shabazz, a/k/a, Fred Edmond Dean, seeks to acquire certain materials held in the office of the District Attorney General. The Trial Court denied the relief he sought because, under Tenn.R.Crim. P. 16, he was not entitled to the material while a post-conviction proceeding was pending. We affirm.
Sullivan
Court of Appeals
Omawali Shabazz, aka Fred Edmond Dean vs. Greeley Wells
E2001-02315-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: R. Jerry Beck
In this suit, wherein Omawali Ashanti Shabazz, a/k/a, Fred Edmond Dean, seeks to acquire certain materials held in the office of the District Attorney General. The Trial Court denied the relief he sought because, under Tenn.R.Crim. P. 16, he was not entitled to the material while a post-conviction proceeding was pending. We affirm.
The appellant, Timothy S. Oglesby, pled guilty to the offense of felonious possession of a weapon. He received a two (2)-year sentence. Contemporaneously with the entry of the guilty plea the appellant and the State entered an agreed order purporting to reserve a certified question of law for appeal pursuant to Tennessee Rule of Criminal Procedure 37(b)(2)(i). The certified question of law alleged to be dispositive of the case is stated in the agreed order as “the denial of his suppression motion.” We hold that the absence in the judgment of the certified question of law or of a statement incorporating the agreed order into the judgment compels a dismissal of this appeal. In addition, the failure of the agreed order to set forth the certified question with sufficient specificity compels the dismissal of this appeal even if the agreed order had been incorporated by reference into the judgment.
Coffee
Court of Criminal Appeals
Marilyn Yount v. Bruce Yount
M2001-01335-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Carol A. Catalano
The trial court granted a divorce to the wife, and awarded her alimony in futuro of $2,000 per month. The husband argues on appeal that the wife does not need any alimony, and that he himself does not have the ability to pay the alimony. The proof shows that he does indeed have the ability to pay, but that the wife's needs are more appropriately served by an award of rehabilitative alimony. We modify the alimony award accordingly.
Montgomery
Court of Appeals
David Schwab v. David Miller
M2001-00932-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: R.E. Lee Davies
The Chancery Court of Williamson County held that in order to claim a major benefit of an employment contract the employee had to be employed when the other contingencies in the contract were met. We affirm the lower court's interpretation.
Pipelines for the transport of petroleum products were installed sub-surface by various companies which acquired easements over affected freeholds. These pipelines were assessed as real estate for purposes of taxation. Petitions for Review were filed by the Pipeline Companies alleging that the pipelines were personal property. The decision of the Board of Equalization is reversed.
Williamson
Court of Appeals
Eagle Vision vs. Odyssey Medical
W2001-01772-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: D. J. Alissandratos
This is an action for misappropriation of trade secrets in which the manufacturer of a surgical product allegedly misappropriated the product design and marketed a competing product after the developer discontinued its relationship with manufacturer. Trial court granted summary judgment in favor of manufacturer on all claims. We reverse and remand.
Shelby
Court of Appeals
State/Mae Clark vs. Charles Clark
W2001-01896-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Clayburn L. Peeples
This appeal involves an obligor parent's failure to comply with court ordered child support obligations. The State of Tennessee, on behalf of a custodial parent, sought to reduce arrearage in the obligations to judgment. The State was successful and the custodial parent was awarded $14,000.00 in arrearage. The obligor parent appealed and, for the following reasons, we affirm the lower court's decision.
Haywood
Court of Appeals
Alfred/Florence Garionis vs. Andre Pride & Charles Holland
W2001-01682-COA-R3-CV
Authoring Judge: Judge William B. Acree
Trial Court Judge: Robert L. Childers
The plaintiffs filed a suit for personal injuries arising out of an automobile accident. Through their attorney, they reached a settlement of their claims. Thereafter, they sought to set aside the settlement upon the grounds that they had not authorized their attorney to accept the defendants' offer. Following an evidentiary hearing, the trial court found that the plaintiffs had authorized their attorney to settle the case and entered an order enforcing the settlement. We hold that the findings of the trial court are supported by a preponderance of the evidence and affirm the lower court.
Shelby
Court of Appeals
Don Long vs. Ralph & Edna Langley
W2001-01490-COA-R3-CV
Authoring Judge: Judge William B. Acree
Trial Court Judge: George R. Ellis
This a lawsuit between the two stockholders of Gene Langley Ford, Inc., an automobile dealership. The issues involve the percentage of ownership owned by the two stockholders and whether the defendant paid himself an excessive salary for managing the business. The Chancellor held that the plaintiff owns forty-nine (49%) of the stock and the defendant owns fifty-one percent (51%). He further held that the defendant's salary was not excessive. We reverse the Chancellor's decision regarding the ownership of the stock and hold that each party owns fifty percent (50%). We affirm the Chancellor's decision that the defendant's salary was reasonable.
Gibson
Court of Appeals
Joyce Howell vs. Phillip Howell
W2001-01167-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Joe C. Morris
Madison
Court of Appeals
Joyce Howell vs. Phillip Howell
W2001-01167-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Joe C. Morris
Madison
Court of Appeals
Shelia Bland vs. Jerry Bland
W2001-01705-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Joe C. Morris
Husband appeals from a final decree of divorce as to the amount of alimony awarded and the award of attorney fees. We affirm and modify.
Henderson
Court of Appeals
Angela Lem Mons v. P & P Enterpr Ises, Llc
M2001-00616-WC-R3-CV
Authoring Judge: Howell N. Peoples, Special Judge
Trial Court Judge: James E. Walton, Judge
The employee appeals the finding of the trial court that she failed to carry her burden of proof that her injuries arose out of and in the course of her employment. We affirm the judgment of the trial court.
Robertson
Workers Compensation Panel
Jarrett W Illiam Utley v. Bridgestone/Firestone
M2001-00090-WC-R3-CV
Authoring Judge: Howell N. Peoples, Special Judge
Trial Court Judge: Tom E. Gray, Chancellor
The employee appeals and contends the trial court erred (1) in finding his claim for a work-related repetitive injury was barred by the statute of limitations, and (2) in concluding that his injury on September 2, 1997 did not result in any permanent disability. We affirm the judgment of the trial court.
The appellant, Gonzalo Moran Garcia, appeals his conviction by a jury in the Davidson County Criminal Court of one count of possession of one thousand grams or more of methamphetamine with intent to deliver, a class A felony. He raises the following issues for our review: (1) whether the trial court erred in denying his pre-trial motion to suppress; (2) whether the trial court erred in admitting at trial the testimony of Daniel A. Rosales, an officer employed by the Houston Police Department in Texas; (3) whether the evidence underlying the appellant’s conviction is sufficient; and (4) whether the trial court erred in rejecting his proposed jury instructions. Following a thorough review f the record and the parties’ briefs, we reverse the judgment of the trial court and remand this case to the trial court for a new trial.
After careful review of the record, I write separately because I reach a different conclusion than that expressed in the majority opinion with respect to the defendant's motion to suppress the evidence obtained during the search of his vehicle. I agree with the majority on all other matters raised in this appeal.
Davidson
Court of Criminal Appeals
City of Cookeville v. William M. Humphrey
M2001-00695-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Billy Joe White
This is a declaratory judgment action wherein a private act hospital authority, established pursuant to Tennessee Code Annotated sections 7-57-601 to 604, seeks a declaration that it has the authority to enter into an exclusive contract for professional radiology services, thus limiting the use of imaging equipment and hospital support staff situated in the hospital to such exclusive providers of radiology services. Defendants are four competent radiologists, presently on the medical staff of the hospital, who have also established Premier Diagnostic Imaging Center, LLC to provide outpatient radiology services independent of the hospital. The exclusive contract sought by the hospital would effectively "close" use of the hospital imaging facilities and support staff to all radiologists except the providers named in the exclusive contract. The trial court declared that the hospital was authorized to enter into such an exclusive provider contract, and we affirm the judgment of the trial court.
Putnam
Court of Appeals
Alan Miller v. City of Murfreesboro
M2001-01478-COA-R9-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: John W. Rollins
In this retaliatory demotion case, the City of Murfreesboro appeals the action of the trial court in denying a Motion for Summary Judgment as to all issues. We find no material evidence in the record to establish that the articulated reason for the demotion of these three police officers, all of whom are established by the record to be honest and competent officers, is pretextual. The judgment of the trial court is reversed, and summary judgment entered for Defendant as to all issues.
Rutherford
Court of Appeals
Dennis Osagie v. Peakload Temporary Services
M2001-00852-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Hamilton V. Gayden, Jr.
An employee of a temporary services agency sued the agency for non-payment of wages and for discrimination. The trial court dismissed the claim for non-payment with prejudice, and the claim for discrimination without prejudice. We affirm the trial court.
Davidson
Court of Appeals
Anne Pope v. Leuty & Heath
M2001-00736-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Irvin H. Kilcrease, Jr.
The receivers of a group of insolvent life insurance companies brought a malpractice action against an accounting firm that had performed allegedly negligent audits of the companies. The accounting firm denied any negligence, and filed a third party complaint against its professional liability insurer, requesting payment of benefits under an expired policy. The trial court dismissed the third-party complaint, ruling that the insurance policy was a claims-made policy and that the insurer was no longer obligated to its former insured. The court certified its order as final for purposes of appeal. We have concluded that the trial court was correct, and we affirm its order.
