Opinions

Rebecca Day v. Travelers Insurance Company
03501-9808-CH-00096
Authoring Judge: Robert E. Corlew, III, Special Judge
Trial Court Judge: Hon. Frank V. Williams
This worker's compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with the provisions of Tennessee Code Annotated _50-6-225 (e) (3) (1998 Supp.) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The Trial Court, after considering all of the evidence, found the worker to lack credibility, and determined that she was not entitled to recover under the workers' compensation law, and after consideration of the entire record, we affirm the Trial Court's decision.

Sandra Diane Moore, v. Danny Michael Moore
W1998-00379-COA-R3-CV
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor George R. Ellis

This appeal arises from an action for divorce filed by plaintiff-Wife in the Crockett County Chancery Court. Following defendant-Husband’s answer and counter-complaint for divorce, the parties entered into a consent order for support and other relief. The court entered an order granting divorce and approving the parties’ agreement. Subsequently, the court entered an order awarding Wife alimony in futuro and a significant amount of the marital assets. The court also found that stock in a corporation was a marital asset and included the stock in Husband’s award of marital assets. Husband appeals both the award of alimony and the court’s characterization of the corporation stock as a marital asset. Tenn.R.App.P. Rule 3 Appeal as of Right; Judgment of the Chancery Court is Affirmed in Part, Reversed in Part and Remanded.
 

State of Tennessee v. James M. Lane, Jr.
1999-00615-CCA-R9-CD
Authoring Judge: Judge Witt
Trial Court Judge: Judge Rebecca J. Stern

James M. Lane, Jr. appeals by permission of the trial and appellate courts. Indicted for two counts of aggravated perjury, he alleges that the trial court abused its discretion in failing to reverse the district attorney general’s denial of pretrial diversion. Because the prosecutor relied upon improper grounds for denying diversion, we reverse the trial court’s finding that the prosecutor did not abuse his discretion in denying diversion. We remand to the trial court with instructions that the prosecutor enter into a memorandum of understanding for pretrial diversion with the defendant.

Charles McDonald vs. Dixie White Ishee
W1998-00258-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Joe C. Morris

Beatrice Holiday vs. Shoneys South
W1999-01173-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: John R. Mccarroll, Jr.

Steven C. Mohn, et ux vs. Bernard Graff, et al
E1999-01015-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Thomas R. Frierson, II

State vs.Robert A. Norris & Lida A. Meador
E1999-00485-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Leon C. Burns, Jr.

Miltier, III vs. Miltier (Buhls)
E1999-00887-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Jean A. Stanley

D. A. Price vs. P. C. Price
E1999-00102-COA-R10-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: W. Dale Young

Grandstaff vs. Hawks
M1998-00909-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Bobby H. Capers

Clark Earls vs. Shirley Earls
M1999-00035-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Russell Heldman
This extraordinary appeal involves the efforts of one party to effectuate an opinion of this court which the Tennessee Supreme Court declined to review. On the first appeal, this court reversed portions of the trial court's final decree and remanded the case with specific directions regarding the details of the order to be entered. After the Tennessee Supreme Court denied the wife's application for permission to appeal, the husband asked the trial court to enter an order consistent with the directions in this court's opinion. After conducting two hearings, the trial court declined to enter the proposed order. We have granted the husband's application for an extraordinary appeal because the trial court, by its refusal to enter a judgment consistent with this court's opinion, has so far departed from the accepted and usual course of judicial proceedings that immediate review of its actions is required. We now (1) vacate the trial court's orders filed after March 29, 2001, (2) direct the clerk of the trial court to enter this opinion and the order accompanying it as the final order in this proceeding, and (3) direct that this case be assigned to another judge in the Twenty-First Judicial District for any further proceedings.

Clark Earls vs. Shirley Earls
M1999-00035-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Russell Heldman
This extraordinary appeal involves the efforts of one party to effectuate an opinion of this court which the Tennessee Supreme Court declined to review. On the first appeal, this court reversed portions of the trial court's final decree and remanded the case with specific directions regarding the details of the order to be entered. After the Tennessee Supreme Court denied the wife's application for permission to appeal, the husband asked the trial court to enter an order consistent with the directions in this court's opinion. After conducting two hearings, the trial court declined to enter the proposed order. We have granted the husband's application for an extraordinary appeal because the trial court, by its refusal to enter a judgment consistent with this court's opinion, has so far departed from the accepted and usual course of judicial proceedings that immediate review of its actions is required. We now (1) vacate the trial court's orders filed after March 29, 2001, (2) direct the clerk of the trial court to enter this opinion and the order accompanying it as the final order in this proceeding, and (3) direct that this case be assigned to another judge in the Twenty-First Judicial District for any further proceedings.

Clark Earls vs. Shirley Earls
M1999-00035-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Russell Heldman
This extraordinary appeal involves the efforts of one party to effectuate an opinion of this court which the Tennessee Supreme Court declined to review. On the first appeal, this court reversed portions of the trial court's final decree and remanded the case with specific directions regarding the details of the order to be entered. After the Tennessee Supreme Court denied the wife's application for permission to appeal, the husband asked the trial court to enter an order consistent with the directions in this court's opinion. After conducting two hearings, the trial court declined to enter the proposed order. We have granted the husband's application for an extraordinary appeal because the trial court, by its refusal to enter a judgment consistent with this court's opinion, has so far departed from the accepted and usual course of judicial proceedings that immediate review of its actions is required. We now (1) vacate the trial court's orders filed after March 29, 2001, (2) direct the clerk of the trial court to enter this opinion and the order accompanying it as the final order in this proceeding, and (3) direct that this case be assigned to another judge in the Twenty-First Judicial District for any further proceedings.

Limbaugh vs. Coffee Medical Center
M1999-01181-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: John W. Rollins

Richardson vs. TDOC
M1999-02796-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Irvin H. Kilcrease, Jr.

Ricky Lee Jenkins v. Heather Johnson
M2001-02103-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Clara W. Byrd
This appeal arises from the lower court's modification of a child custody arrangement. The trial court found that a material change in circumstances had occurred and awarded primary residential custody to Father. For the following reasons, we affirm the judgment of the lower court.

State vs. Murriel Lee
W1999-01094-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Lee Moore

Berryhill vs. Rhodes
W1997-00167-SC-R11-CV
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: Kenneth A. Turner

Berryhill vs. Rhodes
W1997-00167-SC-R11-CV
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: Kenneth A. Turner

Barnes vs. Goodyear
W1997-00247-SC-R11-CV
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: W. Michael Maloan

Ronald & Bonnie Warf vs. Wayne Vincent
W1999-01542-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Walter L. Evans

Larry W. Barnes v. The Goodyear Tire And Rubber
W2000-01607-COA-RM-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: W. Michael Maloan

Tammy C. Powell vs. Charley Crisp, et al
E1999-02539-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Jerri S. Bryant
This is a suit wherein Tammy C. Powell, formerly Bird, seeks custody of her minor children, Joshua Daniel Bird (DOB 2/2/86) and Cherish Richelle Bird (DOB 8/25/88), who are now in the custody of her parents. The Trial Court was of the opinion that the Court of Indian Offenses of the Eastern Band of Cherokee Indians, located in Cherokee, North Carolina, the Court which initially awarded a divorce to Richard Bird and later granted custody of the children to the maternal grandparents, Charley and Peggy Crisp, had exclusive jurisdiction of any action seeking to change custody, and accordingly dismissed the petition. We affirm.

State of Tennessee v. Edward Talmadge Mcconnell
E1998-00288-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Arden L. Hill

21812-COA-R3-CV
21812-COA-R3-CV
Trial Court Judge: Jeffrey F. Stewart