State of Tennessee, v. Daniel G. Hampton
03C01-9503-CR-00107
Authoring Judge: Presiding Judge Joe B. Jones
Trial Court Judge: Judge Lynn W. Brown

The appellant, Daniel G. Hampton, was convicted of driving under the influence, second offense, a Class A misdemeanor, two counts of driving on a revoked license, Class B misdemeanors, and violation of the implied consent law by a jury of his peers. The trial court sentenced the appellant to eleven months and twenty-nine days in the Carter County Jail with all but seventy days suspended for the driving under the influence, second offense; six months suspended in the Carter County Jail for driving on a revoked license on April 9, 1994 which was ordered to run concurrently with the other sentences; and six months in the Carter County Jail with all but twenty days suspended for driving on a revoked license on April 1, 1994 which was ordered to run consecutively to the driving under the influence, second offense conviction.

Carter Court of Appeals

Patricia Gobel v. Estate of Rupert Newman, Deceased
01A01-9601-PB-00040
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Bill Baird Griffith

The Probate Court of Putnam County dismissed a claim against the estate of Rupert O. Newman because the claimant lacked standing to make the claim. We affirm.

Putnam Court of Appeals

Comprehensive Engineering Assistance Association, Inc., v. State of Tennessee, Department of Labor and Al Bodie, Commissioner of the Department of Labor, in his official capacity
01A01-9602-CH-00055
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Christina Norris Pro Tempore

The captioned plaintiff has appealed from an order of the Trial Court reading as follows: This matter came to be heard on June 2, 1995, upon the motion to dismiss filed on behalf of the defendants, Tennessee Department of Labor and Al Bodie, Commissioner of the Tennessee Department of Labor. Upon consideration of the pleadings filed and the argument of counsel, the Court finds that this matter should be dismissed on the basis that the Court lacks jurisdiction as the petition for judicial review was not filed within sixty days of the final agency action as required by T.C.A. §4-5-322. Therefore, it is hereby ORDERED that the defendants’ motion to dismiss is GRANTED. Costs shall be taxed to the petitioner. On appeal, plaintiff presents a single issue as follows: Did the Chancery Court err in dismissing this matter for lack of jurisdiction on the basis that the complaint was not timely filed?

Davidson Court of Appeals

James R. Tully, Jr., v. USA Wireless, Inc., PMT Investments, Inc., and Patrick M. Thompson, in both his individual and corporate capacity
01A01-9601-CH-00031
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

The issues in this appeal are (1) whether the chancellor erred in granting a judgment against a corporation for back wages, (2) whether the chancellor should have pierced the corporate veil and granted a judgment against the corporation’s principal shareholder and (3) whether the court erred in dismissing the fraud claims against the principal shareholder. We affirm the chancellor’s decision in part and reverse on the fraud claims made directly against the principal shareholder.

Davidson Court of Appeals

Evelyn June Thomason, v. The Metropolitan Government of Nashville and Davison County
01A01-9602-CV-00067
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge Barbara N. Haynes

The plaintiff, Evelyn June Thomason, has appealed from a summary judgment
dismissing her suit against the defendant, Metropolitan Government of Nashville and
Davidson County, Tennessee, for personal injuries sustained in a fall on the premises of the
Lentz Health Center, a facility owned and managed by the defendant.

Davidson Court of Appeals

Ernest White Patton, III, v. Linda Harvey Patton
03A01-9601-CH-00001
Authoring Judge: Presiding Judge Herschel Pickens Franks
Trial Court Judge: Chancellor R. Van Owens

In this divorce action, the husband appeals from the Trial Court's determination of the classificatin of property as marital property and the division of the marital estate.

Court of Appeals

Robert Dale Cobb, v. Douglas R. Beier
03A01-9602-CV-00051
Authoring Judge: Judge Herschel Pickens Franks
Trial Court Judge: Judge John K. Wilson

The determinative issue on appeal is whether the appeals should be dismissed because the appellant did not file notice of the appeal with the clerk of the appellant court designated in the notice of appeal.

Hamblen Court of Appeals

Robert Dale Cobb v. Douglas R. Beier - Concurring
03A01-9602-CV-00051
Authoring Judge: Judge Herschel P. Franks
Trial Court Judge: Judge John K. Wilson

The determinative issue on appeal is whether the appeal should be dismissed because the appellant did not file notice of the appeal with the clerk of the appellate court designated in the notice of appeal.

Hamblen Court of Appeals

Robert Dale Cobb, v. Douglas R. Beier - Dissenting
03A01-9602-CV-00051
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Judge John K. Wilson

While I concede tha the majority opinion is technically correct and the reasoning employed comports with previous case law, I observe that this Court, or at least this member of this Court, has routinely overruled such motions when the only defect as to the serviceof thenotice of appeal is failure to file a copy with the Clerk of this Court.

 

Court of Appeals

In Re the Estate of Howard D. Smith, Deceased, Shaun Murray, v. Jennie C. Smith, Individually and as Conservator for Howard D. Smith and Western Surety Co., Manufacturer
02A01-9503-CH-00055
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Chancellor George R. Ellis

This case involves an alleged breach of fiduciary duty by the conservator of an estate. After a bench trial, the trial court held that the plaintiff had failed to prove a breach of fiduciary duty. We find that the trial court misapplied the burden of proof and reverse the trial court’s decision.

Gibson Court of Appeals

02C01-9508-CC-00210
02C01-9508-CC-00210
Trial Court Judge: Joe G. Riley. Jr.

Lake Court of Criminal Appeals

02C01-9508-CC-00210
02C01-9508-CC-00210
Trial Court Judge: Joe G. Riley. Jr.

Lake Court of Criminal Appeals

02C01-9408-CR-00165
02C01-9408-CR-00165
Trial Court Judge: Joseph B. Brown

Shelby Court of Criminal Appeals

02C01-9408-CR-00165
02C01-9408-CR-00165
Trial Court Judge: Joseph B. Brown

Shelby Court of Criminal Appeals

02C01-9402-CR-00023
02C01-9402-CR-00023
Trial Court Judge: William H. Russell

Madison Court of Criminal Appeals

02C01-9511-CR-00338
02C01-9511-CR-00338
Trial Court Judge: Chris B. Craft

Shelby Court of Criminal Appeals

02C01-9511-CR-00338
02C01-9511-CR-00338
Trial Court Judge: Chris B. Craft

Shelby Court of Criminal Appeals

02C01-9511-CR-00338
02C01-9511-CR-00338
Trial Court Judge: Chris B. Craft

Shelby Court of Criminal Appeals

02C01-9505-CR-00134
02C01-9505-CR-00134
Trial Court Judge: Joseph B. Brown

Shelby Court of Criminal Appeals

02C01-9505-CR-00134
02C01-9505-CR-00134
Trial Court Judge: Joseph B. Brown

Shelby Court of Criminal Appeals

02C01-9510-CC-00299
02C01-9510-CC-00299

Lauderdale Court of Criminal Appeals

02C01-9509-CR-00254
02C01-9509-CR-00254
Trial Court Judge: Joseph B. Dailey

Shelby Court of Criminal Appeals

02C01-9509-CR-00254
02C01-9509-CR-00254
Trial Court Judge: Joseph B. Dailey

Shelby Court of Criminal Appeals

02C01-9502-CC-00032
02C01-9502-CC-00032
Trial Court Judge: Jon Kerry Blackwood

Fayette Court of Criminal Appeals

02C01-9502-CC-00032
02C01-9502-CC-00032
Trial Court Judge: Jon Kerry Blackwood

Fayette Court of Criminal Appeals