State vs. Deandrade Phillips E2000-00153-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Phyllis H. Miller
The defendant appeals from his conviction for selling less than one-half gram of cocaine, contesting the sufficiency of the evidence, the trial court's restrictions of his examinations of witnesses, the trial court's failure to require the state to elect the offense for which it sought a conviction, and the jury instructions. We affirm the judgment of the trial court.
Sullivan
Court of Criminal Appeals
John Britt vs. Johnny Massengill W1999-01129-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Joe C. Morris
This is a suit arising from the Appellants' purchase of real property from the Appellees. The Appellees executed a warranty deed to the Appellants. The Appellants claim that the Appellees failed to disclose that the property was subject to a timber contract. The Appellants filed a complaint against the Appellees in the Chancery Court of Henderson County, requesting damages for violation of the Tennessee Consumer Protection Act. The trial court ordered rescission of the contract for the sale of real property.
Henderson
Court of Appeals
Chuck Wallace vs. Bob Chase W1999-01987-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Ron E. Harmon
This appeal arises from a boundary line dispute between the Appellants and the Appellees. The Appellees filed a complaint with the Chancery Court of Carroll County against the Appellants. The Appellants filed a counter-complaint against the Appellees. Following a trial, the trial court reformed the deeds of the parties. The trial court moved the disputed corner of the properties twelve and one half feet due south of a PK nail in the roadway. The trial court also granted a permanent easement for an existing driveway to the Appellants.
Carroll
Court of Appeals
State vs. Jacqueline Heard & Irvin Salky W1999-02414-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: D. J. Alissandratos
This appeal involves an attempt by a taxpayer to redeem his property after it had been sold at a tax sale. The taxpayer filed a Petition to Redeem the property within the one-year statutory period, but failed to tender the money into court within the one-year period, as required by statute. The chancellor below granted the taxpayer an additional thirty days, as a matter of equity, in which to pay the money into court and redeem his property. For the following reasons, we reverse the judgment of the trial court.
Shelby
Court of Appeals
Chris Farley vs. Charles Ellis, et al W2000-00354-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: George R. Ellis
Plaintiff sued defendants to enforce alleged oral agreement to convey real estate or alternatively for damages. The trial court found that the oral agreement violated the statute of frauds, but ordered, under the doctrine of equitable estoppel, the specific performance of the oral agreement. Defendants have appealed.
Crockett
Court of Appeals
Sabrina Burton vs. Carroll Co. W2000-00549-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: C. Creed Mcginley
Plaintiffs, husband and wife, sued county and county's volunteer fire department pursuant to Tennessee Governmental Tort Liability Act seeking damages for wife's personal injuries and husband's loss of consortium sustained while they were patronizing a "haunted house" operated by the volunteer fire department to raise funds. Plaintiffs allege that the defendants were negligent in (1) creating a dangerous and defective condition and failing to correct that condition; (2) failing to warn the public of the dangers and defective condition; and (3) failing to maintain the premises in a reasonably safe condition. The trial court, sitting without a jury, entered judgment for the plaintiffs. Defendants have appealed. The trial court's judgment is affirmed.
Carroll
Court of Appeals
Myron Zimmerman vs. City of Memphis W2000-01369-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: D. J. Alissandratos
This appeal involves the determination of whether the City of Memphis properly levied a special assessment upon the property owners within the Central Business Improvement District in downtown Memphis. The affected property owners allege that the levy in question was not a special assessment. They allege that the levy was a tax in violation of section 7-84-501 et seq. of the Tennessee Code as well as Article 2, Section 29 of the Tennessee Constitution. For the following reasons, we affirm the decision of the trial court.
Shelby
Court of Appeals
State vs. Thomas E. Davenport and John Simmons M2000-00317-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Timothy L. Easter
Both defendants were convicted by a Williamson County jury of selling more than 0.5 grams of cocaine, a Class B felony. Both defendants were sentenced as Range II, multiple offenders. Defendant Simmons received a sixteen-year sentence, and defendant Davenport received a fifteen-year sentence. In this direct appeal, both defendants challenge (1) the sufficiency of the evidence, and (2) the length and manner of service of their sentences. Simmons further raises the following issues: (1) whether he was denied a speedy trial; (2) whether the trial court erred in denying his motion to dismiss due to the absence of proper signatures on the indictment; and (3) whether the trial court erred in failing to require the state to elect an offense upon which to proceed. Additionally, Davenport makes the following allegations: (1) the trial court erred in allowing portions of the audio taped drug transaction to be presented to the jury; (2) the trial court erred in ruling his prior convictions were admissible under Tenn. R. Evid. 609; and (3) the trial court erred in denying his motion for a mistrial when the informant referred to Davenport's offering her a crack pipe. Based upon a review of the record, we affirm the judgment of the trial court as it relates to defendant Simmons; however, we reverse defendant Davenport's conviction for the sale of cocaine and reduce it to simple possession of cocaine. We remand to the trial court to re-sentence defendant Davenport.
Williamson
Court of Criminal Appeals
Edgar Doyle, et al vs. Charles Frost, M.D., et al W1998-00391-SC-R11-CV
Authoring Judge: Justice Adolpho A. Birch, Jr.
Trial Court Judge: Jon Kerry Blackwood
In this appeal, the plaintiffs contest the trial court's overruling of a motion to amend their complaint to add the Jackson-Madison General Hospital District, a governmental entity, as a party defendant. At issue is the scope of Tenn. R. Civ. P. 15.03, which allows the filing date of certain amendments to a pleading to "relate back" to the date of the filing of the original pleading. We are asked to determine whether Rule 15.03 applies to governmental entities. We conclude that it does and, accordingly, reverse the judgment of the Court of Appeals.
Hardeman
Supreme Court
State vs. Maurice Shaw W1998-00503-SC-R11-CD
Authoring Judge: Justice E. Riley Anderson
Trial Court Judge: Joseph H. Walker, III
We granted this appeal to decide two issues: (1) whether there was sufficient evidence to corroborate the testimony of an accomplice and to support the defendant's conviction for possession of cocaine with the intent to deliver and (2) whether the defendant was denied his constitutional right to the effective assistance of counsel. The Court of Criminal Appeals concluded that the evidence was sufficient to corroborate the testimony of the accomplice and to support the defendant's conviction and that the defendant was not denied his constitutional right to the effective assistance of counsel. After reviewing the record and applicable authority, we affirm the result reached by the Court of Criminal Appeals upon the separate grounds stated herein.
Tipton
Supreme Court
E.L. Billingsley and Oneida Farms, Inc. vs. Alvin D. Escue E2000-00463-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Dale C. Workman
The Trial Judge granted defendant summary judgment on grounds the action was time-barred. We affirm.
Knox
Court of Appeals
Linda Taylor vs. James Taylor E2000-00476-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Lawrence H. Puckett
This appeal arises from a divorce in which the Trial Court awarded Linda May Taylor ("Wife"), age 58, alimony until she reaches age 65 or she retires, whichever occurs first. Wife was also awarded the parties' home. The Trial Court granted James Arnold Taylor ("Husband"), age 61, his interest in the marital home but ordered that Wife does not have to pay Husband for his interest in the marital home until Wife reaches age 65. Husband appeals. We affirm.
Bradley
Court of Appeals
Lawrence Westfall vs. Brentwood Svc. Grp, Inc. E2000-01086-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Jerri S. Bryant
Lawrence O. Westfall filed suit against his former employer, Brentwood Service Group, Inc., seeking payment of post-employment commissions allegedly due him. The defendant counterclaimed for breach of a non-competition/non-disclosure agreement. Following a bench trial, the court below awarded post-employment commissions to the plaintiff and dismissed the defendant's counterclaim, finding that the parties had not agreed to the non-competition/non-disclosure agreement. The employer now appeals, claiming that the plaintiff is not entitled to post-employment commissions and that the trial court erred in failing to enforce the parties' alleged non-competition/non-disclosure agreement. We affirm.
Bradley
Court of Appeals
E2000-0816-COA-R3-CV E2000-0816-COA-R3-CV
Trial Court Judge: Russell E. Simmons, Jr.
Loudon
Court of Appeals
In the Matter of All Assessments, Review of Ad Valorum M1998-00243-SC-R11-CV
Authoring Judge: Justice Frank F. Drowota, III
This Court granted the applications for permission to appeal submitted on behalf of the Tennessee Board of Equalization and certain public utility companies. The purpose of our grant was to consider whether the Court of Appeals erred in determining that the Board of Equalization had exceeded its authority in granting a reduction in the assessed value of certain centrally-assessed public utility tangible personal property for tax year 1998. We hold that the Board of Equalization does have the legal authority, as part of the equalization process, to reduce the appraised value (and the assessed value) of centrally-assessed public utility property. Such a reduction is an appropriate remedy where the reduction causes the appraised value of such centrally-assessed personal property within each local tax jurisdiction to bear the same ratio to fair market value as obtains for the personal property within such local jurisdiction that is appraised and assessed by local taxing authorities. The judgment of the Court of Appeals is reversed, and this case is remanded to the Tennessee Board of Equalization for further proceedings consistent with this opinion.
Davidson
Supreme Court
Willie Jean Johnson vs. James Johnson W1999-01232-SC-R11-CV
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: Robert L. Childers
The parties' marital dissolution agreement ("MDA") divided Mr. Johnson's "military retirement benefits" to provide one half of those benefits to Ms. Johnson. After the final decree was entered, Mr. Johnson unilaterally waived a portion of his military retired pay to receive the same amount in non-taxable disability benefits. The payment of Ms. Johnson's share of the military retired pay was reduced accordingly. Ms. Johnson requested a modification of the MDA to provide for alimony in an amount equal to the reduction. Both the trial court and the Court of Appeals denied the requested relief, relying on Gilliland v. Stanley, No. 3258, 1997 WL 180587 (Tenn. Ct. App. April 16, 1997). We interpret the petition to modify as a petition to enforce the divorce decree. We hold that when an MDA divides military retirement benefits, the non-military spouse obtains a vested interest in his or her portion of those benefits as of the date of the court's decree. Any act of the military spouse that unilaterally decreases the non-military spouse's vested interest is an impermissible modification of a division of marital property and a violation of the final decree of divorce incorporating the MDA. The case is remanded to the trial court for enforcement of the decree.
Shelby
Supreme Court
State vs. Timothy Walton W1998-00329-SC-R11-CD
Authoring Judge: Justice William M. Barker
Trial Court Judge: R. Lee Moore Jr.
Dyer
Supreme Court
Memphis Housing Authority vs. Tara Thompson W1998-00108-SC-R11-CV
Authoring Judge: Justice Frank F. Drowota, III
Trial Court Judge: Robert A. Lanier
The appellee, Memphis Housing Authority brought this unlawful detainer action seeking to evict the appellant, tenant Tara Thompson, after drugs were discovered on the father of her child while he was inside her apartment. The trial court granted summary judgment to the appellee, and the Court of Appeals affirmed, finding that the lease agreement imposes strict liability upon the appellant for the drug-related criminal activity of her "guests and other persons under her control." We granted permission to appeal to consider the appropriate standard that applies when a public housing authority seeks to evict a tenant for drug-related criminal activity. This is an issue of first impression in Tennessee. After due consideration, we hold that the lease agreement imposes strict liability for drug-related criminal activity engaged in by the tenant or any household member but permits eviction for the drug related criminal activity of "guests and other persons under [the tenant's] control"only if the tenant knew or should have known of the drug-related criminal activity and failed to take reasonable steps to halt or prevent the illegal activity. Accordingly, we reverse the judgment of the Court of Appeals and remand this case to the trial court for reconsideration of the appellee's motion for summary judgment under the legal standard announced herein.
Shelby
Supreme Court
State vs. Timothy Walton W1998-00329-SC-R11-CD
Authoring Judge: Justice William M. Barker
Trial Court Judge: R. Lee Moore Jr.
Dyer
Supreme Court
Don Culbreath vs. First Tennessee Bank W1998-00426-SC-R11-CV
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: Floyd Peete, Jr.
Don L. Culbreath (Culbreath) filed suit against Community First Bank (Community First) seeking compensatory and punitive damages. Culbreath alleged that Community First fraudulently refused to pay Culbreath the proceeds of a new $150,000 loan that had been agreed upon by a bank officer and Culbreath and for which Culbreath had signed a demand note and deed of trust. Instead, the bank used the deed of trust to serve as additional collateral for Culbreath's existing indebtedness to the bank. Prior to trial, Community First merged with First Tennessee Bank, N.A. (First Tennessee), and First Tennessee was substituted for Community First as the defendant in the case. The trial court found in favor of Culbreath and awarded $209,156 in compensatory damages. After a bifurcated hearing on the issue of punitive damages, the court awarded Culbreath an additional $9,000,000 in punitive damages. First Tennessee argues on appeal that as a successor corporation it should not be liable for punitive damages arising from Community First's actions. We hold that First Tennessee is liable for the compensatory damages awarded by the trial court and that it is also liable for punitive damages arising out of Community First's pre-merger conduct. However, we remand this case to the trial court for reassessment of punitive damages based upon the factors outlined in Hodges v. S.C. Toof & Co., 833 S.W.2d 896 (Tenn. 1992).
Shelby
Supreme Court
State vs. Derrick Sayles W1998-00425-SC-R11-CD
Authoring Judge: Justice Adolpho A. Birch, Jr.
Trial Court Judge: Arthur T. Bennett
Shelby County -Derrick Sayles was convicted of second degree murder. The Court of Criminal Appeals reversed the conviction and remanded the cause for a new trial on the ground that the trial court had erred in refusing to allow Sayles's counsel to probe the circumstances surrounding the bond reduction and the charge reduction accorded to the State's principal witness immediately after his testimony. The State appealed. We hold that the trial court erred when it refused to allow Sayles's counsel to probe the circumstances surrounding benefits granted to the witness after his testimony; Sayles's right to confrontation was therefore violated. We cannot hold that this violation was harmless beyond a reasonable doubt. This cause is therefore remanded to the trial court for an evidentiary hearing to allow Sayles's counsel to probe the circumstances resulting in the bond reduction and the charge reduction, both of which were granted after the witness had testified. The judgment of the Court of Criminal Appeals is therefore affirmed in part and reversed in part and this cause is remanded to the trial court for an evidentiary hearing.
Mitchell Bingham vs. Tammy Bingham E1999-01768-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Samuel H. Payne
In this post-divorce case, Mitchell Blain Bingham filed a petition seeking the custody of his minor child. The trial court, instead, awarded the child's custody to the child's paternal grandparents, who, prior to the trial court's order awarding them custody, were not parties to the action and had not previously petitioned for custody. Both of the child's parents appeal the award of custody to the paternal grandparents. We vacate the trial court's judgment and remand for further proceedings.
