Southwest Progressive Ent., Inc. v. Shri-Hari Hospitality, LLC and Trans Financial Bank of Tennessee - Concurring
01-A-01-9810-CH-00542
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Chancellor Robert E. Corlew, III

A construction company sued a hotelkeeper for payment of the balance due on their contract. The trial court ordered the hotelkeeper to pay the balance, as well as pre-judgment interest and attorney fees. We affirm the award of pre-judgment interest, but we reverse the award of attorney fees. We also reverse a $500 offset the trial court granted to the defendant for the plaintiff’s alleged failure to complete a punch list.

Rutherford Court of Appeals

Michael King v. TFE, Inc.
01A01-9711-CV-00624
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Judge Jim T. Hamilton

In this action filed against TFE, Inc. (hereafter “TFE”), Michael King appeals the trial court’s grant of summary judgment to TFE as related to King’s claims for breach of an alleged employment contract. The trial court granted TFE’s motion for summary judgment based on the court’s conclusion that an employee handbook distributed by TFE did not constitute an employment contract. For the reasons hereafter stated, we affirm the trial court’s grant of summary judgment.

Maury Court of Appeals

Tim Taylor v. Robert L. Morris and Terry Muncey - Concurring
01A01-9804-CH-00211
Authoring Judge: Judge Farmer

Defendant Terry Muncey appeals, and Plaintiff Tim Taylor cross-appeals, the trial court’s judgment awarding Muncey $1000 in damages on his counterclaim for wrongful injunction against Taylor. We reverse the trial court’s judgment based upon our conclusion that Muncey failed to meet his burden of proving the elements of his claim for wrongful injunction.

Warren Court of Appeals

Terry David Mackie v. Sarah Catheine Mackie
01A01-9810-CV-00536
Authoring Judge: Judge William B. Cain
Trial Court Judge: Judge Bobby H. Capers

This case represents an appeal from the grant of divorce upon stipulation of grounds pursuant to Tennessee Code Annotated section 36-4-129. The parties to this action, Terry David Mackie ("Husband"), and Sarah Catherine Campbell Mackie ("Wife") were married on November 6, 1984. Husband filed a complaint in Williamson County Circuit Court on March 6, 1997, seeking divorce on the grounds of inappropriate marital conduct and irreconcilable differences. On March 20, 1997, Wife answered and counterclaimed. In her answer, Wife admitted the ground of irreconcilable differences and alleged inappropriate marital conduct on the part of the Husband. Over the next 14 months the parties participated in successive proceedings regarding pendente lite custody of their severely ill minor child. The case was originally set for trial on June 3, 1997. Both parties agreed to continue the case; each sought a scheduling order for the sequence of discovery. The parties were ordered to attend mediation on February 23, 1998. On May 18, 1998, Husband moved to change pendente lite custody and to compel discovery. This motion was to be heard on June 3, 1998. At the June 3, hearing, in an admittedly unorthodox proceeding, the parties stipulated under oath that each had grounds for divorce. At this point in the hearing, both parties were sent into an antechamber to provide for the division of the marital estate and custody of the child. These negotiations are documented in handwritten notes, signed by the parties and their counsel, and appearing in the record.

Wilson Court of Appeals

State of Tennessee vs. Gaile K. Owens
02C01-9806-CR-00182
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Chris B. Craft

In this capital case, the appellant, Gaile K. Owens, appeals as of right the judgment of the Criminal Court of Shelby County denying her petition for postconviction relief. In 1986, the appellant was convicted of accessory before the fact to first degree murder. In a joint trial, the appellant’s co-defendant, Sidney Porterfield, was also convicted of first degree murder and following a separate sentencing hearing, both were sentenced to death by electrocution. The appellant’s conviction and sentence were affirmed on direct appeal by the Tennessee Supreme Court. See State v. Porterfield, 746 S.W.2d 441 (Tenn.), reh’g denied, (1988), cert. denied, 486 U.S. 1017, 108 S.Ct. 1756 (1988).

Shelby Court of Criminal Appeals

State vs. Terrell Jackson
W2001-00901-CCA-R3-PC
Authoring Judge: Judge Gary R Wade
Trial Court Judge: Arthur T. Bennett
The petitioner, Terrell E. Jackson, appeals the trial court's denial of post-conviction relief. The issues presented for review are whether the petitioner was denied the effective assistance of counsel and whether he entered a knowing and voluntary guilty plea. The judgment is affirmed.

Shelby Court of Criminal Appeals

State vs. Jerry Darrell Duncan
03C01-9808-CR-00300

Roane Court of Criminal Appeals

State vs. Harrison Pearson
03C01-9802-CR-00076
Trial Court Judge: Stephen M. Bevil

Hamilton Court of Criminal Appeals

State vs. Roger Vance
03C01-9808-CC-00317

Blount Court of Criminal Appeals

Hathaway vs. First Family Financial Svcs.
01S01-9811-FD-00203
Trial Court Judge: John T. Nixon

Supreme Court

Concrete Spaces vs. Sender
01S01-9812-CH-00224
Trial Court Judge: Cecil Crowson

Davidson Supreme Court

Hawkins vs. Hart
01S01-9811-CV-00199

Supreme Court

Edwin Elam vs. Martha Elam
02A01-9812-CH-00362
Trial Court Judge: Dewey C. Whitenton

McNairy Court of Appeals

02A01-9908-CH-00237
02A01-9908-CH-00237

Court of Appeals

03C01-9809-CC-00316
03C01-9809-CC-00316

Blount Court of Criminal Appeals

Imogene Dixon v. State
03S01-9810-BC-00111
Authoring Judge: Howell N. Peoples, Special Judge
Trial Court Judge: The Honorable

Knox Workers Compensation Panel

Rita L. England v. Cigna Insurance Co.
01S01-9804-CH-00082
Authoring Judge: Per Curiam
Trial Court Judge: Hon. Irvin H. Kilcrease

Davidson Workers Compensation Panel

Tire Shredders vs. ERM
02A01-9803-CV-00058
Trial Court Judge: James F. Russell

Shelby Court of Appeals

Schering Plough Healthcare vs. State Bd. of Equalization
02S01-9810-CH-00096

Shelby Supreme Court

Abdullah Morrison v. State of Tennessee
W2006-02480-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Arthur T. Bennett

Shelby Court of Criminal Appeals

State vs. Johnny Shields
W2001-01554-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Donald H. Allen
Appellant, Johnny Shields, was convicted of two counts of aggravated sexual battery, a class B felony, following a jury trial. The trial court sentenced Shields, as a Range I offender, to concurrent eleven year sentences in the Department of Correction. On appeal, Shields raises the following issues: (1) whether the evidence was sufficient to support the verdicts, and (2) whether his sentences were proper. After a review of the record, we affirm Shields' convictions but modify his sentences due to misapplication of enhancing and mitigating factors.

Madison Court of Criminal Appeals

Lee Simmons vs. City of Lexington
02A01-9810-CH-00282
Trial Court Judge: Joe C. Morris

Henderson Court of Appeals

James Cozart vs. Lynn Cozart
02A01-9810-CV-00285
Trial Court Judge: James F. Russell

Shelby Court of Appeals

State vs. Tracy Lebron Vick
03C01-9803-CR-00100
Trial Court Judge: Stephen M. Bevil

Hamilton Court of Criminal Appeals

State vs. Tracy Lebron Vick
03C01-9803-CR-00100
Trial Court Judge: Stephen M. Bevil

Hamilton Court of Criminal Appeals