Opinions

Lee vs. Strickland
03A01-9806-CH-00195

Dan Wilson v. Lawrence Rubin
M1998-00959-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Irvin H. Kilcrease, Jr.
This appeal involves the termination of an employee by a music publishing company after one of its songwriters complained that the employee had stalked and harassed her. The employee filed suit in the Chancery Court for Davidson County alleging gender and age discrimination in violation of the Tennessee Human Rights Act. The publishing company moved for a summary judgment asserting that it had a valid non-discriminatory ground for terminating the employee. The employee responded that the proffered non-discriminatory ground was pretextual. The trial court granted the summary judgment and dismissed the employee's complaint. On this appeal, the employee asserts that genuine material factual disputes regarding the publishing company's non-discriminatory reasons for terminating him should have prevented the trial court from granting the summary judgment. We agree and, therefore, vacate the order dismissing the employee's complaint.

Vanderbilt University vs. Pamela Henderson
M1998-00929-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Thomas W. Brothers
This appeal involves a dispute between Vanderbilt University and one of its graduates arising out of two student loans. After the former student stopped repaying the loans, Vanderbilt University filed suit in the Davidson County General Sessions Court seeking to recover the principal and interest due, collection costs, and attorney's fees. The general sessions court awarded Vanderbilt University a $9,056.43 judgment. The former student perfected a de novo appeal to the Circuit Court for Davidson County. Following a bench trial, the trial court awarded Vanderbilt University a $5,051.56 judgment and established an installment payment plan for the judgment. The former student asserts on this appeal that Vanderbilt University was not entitled to a judgment against her because of its failure to comply with the Fair Debt Collection Practices Act and the requirements of the federal student loan program and because she has fully repaid her loans. We have concluded that the record supports the trial court's decision and, therefore, affirm the judgment.

Kennedy vs. Holder et al
01A01-9805-CV-00242

Trial Court Judge: Buddy D. Perry

Bowman vs. Midstate Finance Co.
01A01-9808-CH-00424

Trial Court Judge: W. Charles Lee

State vs. Lon Walker
01C01-9711-CR-00535

Trial Court Judge: Leon C. Burns, Jr.

Carlos L. Acevedo vs. State
01C01-9711-CR-00541

State vs. Edward L. Samuels
01C01-9803-CR-00145

Ricky McElhaney vs. State
01C01-9806-CR-00247

Trial Court Judge: Seth W. Norman

State vs. Melissa Roberts
01C01-9806-CR-00238

State vs. Robert P. Thurman
01C01-9806-CC-00253

State vs. Michael Elvis Green
W2001-00455-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Jon Kerry Blackwood
A Hardeman County jury found the defendant guilty of rape. Four issues are raised on appeal: (1) whether there was sufficient evidence to support the conviction; (2) whether the trial court erred in denying the defendant a continuance; (3) whether evidence of the defendant's escape from jail was improperly admitted; and (4) whether the trial court should have charged the jury as to sexual battery, statutory rape, and Class B misdemeanor assault as lesser-included offenses of rape. We affirm the judgment of the trial court.

State vs. Antonio Ward
02C01-9808-CC-00233

Trial Court Judge: Whit A. Lafon

State vs. Ronald Ward
02C01-9806-CC-00173

Trial Court Judge: Julian P. Guinn

State vs. Donald Tallie
02C01-9807-CC-00229

Trial Court Judge: C. Creed Mcginley

McNair vs. Smith
03A01-9804-CH-00122

O'Bryant vs. Reeder Chevrolet
03A01-9810-CV-00325

Dpt. Human Services vs. Whaley
03A01-9809-JV-00272

Street vs. Waddell
03A01-9710-CV-00488

McKinley vs. Holt
03A01-9807-PB-00220

Neas vs. Kerns
03A01-9812-CH-00386

Norris vs. Gounaris
03A01-9807-CH-00238

Billy Steagall vs. Nancy Steagall
M1998-00948-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Lee Russell
This appeal involves a post-divorce dispute regarding the custody a 15-year-old boy. In August 1997, the boy's father petitioned the Chancery Court for Marshall County to change the minor's custody because of his concern that the mother's attempt to home school the boy had undermined his education and development of social skills. The mother opposed the petition and requested an increase in child support. During the June 1998 trial, the father presented evidence raising serious questions about the progress of the child's education and development of social skills, as well as other aspects of the mother's approach to parenting. The mother presented no evidence of her own. Instead, after the close of the father's proof, she asserted that the trial court could remediate the acknowledged deficiencies without changing custody. Thereafter, the parties and the court discussed at length the provisions of a proposed remedial order, and the hearing was adjourned when the parties and the court believed they had agreed on the contents of the proposed order. Before the trial court entered the proposed order, the wife took issue with a provision requiring her to enroll the child in public school. The trial court informed the parties that it had understood that both parties had agreed to send their child to public school and that it would resume the trial if its understanding was incorrect. Rather than requesting the trial court to resume the hearing, the mother filed this appeal claiming that the trial court had infringed on her constitutionally protected right to raise her child. We have determined, in accordance with Tenn. R. App. P. 36(a), that the mother is not entitled to appellate relief because she is, in part, responsible for the error and because she failed to pursue the reasonably available steps that would have nullified the harmful effect of the error. Accordingly, we affirm the judgment.

Janice Hillyer vs. Charles Hillyer
M1998-00942-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: James E. Walton
The issues in this post-divorce case arise because the former husband's waiver of military retirement pay in order to receive disability benefits cut off the former wife's receipt of her portion of the retirement pay which had been awarded to her in the distribution of marital property. The former wife filed a contempt petition, seeking to reinstate her portion of the benefits. The trial court, relying on Gilliland v. Stanley, an unpublished opinion from this court, denied her motion for contempt. In light of our Supreme Court's holding in Johnson v. Johnson, No. W1999-01232-SC-R11-CV, 2001 WL 173502 (Tenn. Feb. 23, 2001), we reverse and remand.

Janice Hillyer vs. Charles Hillyer
M1998-00942-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: James E. Walton
The issues in this post-divorce case arise because the former husband's waiver of military retirement pay in order to receive disability benefits cut off the former wife's receipt of her portion of the retirement pay which had been awarded to her in the distribution of marital property. The former wife filed a contempt petition, seeking to reinstate her portion of the benefits. The trial court, relying on Gilliland v. Stanley, an unpublished opinion from this court, denied her motion for contempt. In light of our Supreme Court's holding in Johnson v. Johnson, No. W1999-01232-SC-R11-CV, 2001 WL 173502 (Tenn. Feb. 23, 2001), we reverse and remand.