Opinions

Jimmy Key, v. Tennessee Board of Paroles
01A01-9610-CH-00480
Authoring Judge: Judge William C. Koch
Trial Court Judge: Chancellor Irvin H. Kilcrease, Jr.

This appeal involves a dispute between the Board of Paroles and a prisoner convicted of being an habitual criminal over the inmate’s right to custodial parole and the calculation of his sentence credits. The Chancery Court for Davidson County granted the Board’s motion to dismiss, and the prisoner has appealed. We affirm the dismissal of the prisoner’s suit in accordance with Tenn. Ct. App. R. 10(b).

R.S. Brandt, K.M. Lundin, M.I. Lundin, N.B. Lundin, and A.T. Wiltshire, Jr. v. BIB Enterprises, LTD., A Tennessee Limited Partnership, and Gregory Smith, Individually, and Virginia Abernethy
01A01-9708-CH-00431
Authoring Judge: Judge Herschel Pickens Franks
Trial Court Judge: Chancellor William B. Cain

This cases involves a d ispute over a limited partnership. BIB Enterprises, Ltd. (“BIB”) was formed on December 30, 1982 for the stated purpose of acquiring real estate, equipment and other personal property of a Bonanza Restaurant in Lawrenceburg, Tennessee. Defendant-appellant Greg Smith was named General Partner.

Michael G. Binkley, et ux., et al. v. Rodney Trevor Medling
01A01-9708-CH-00421
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge Allen W. Wallace

The captioned defendant has appealed from a judgment of the Trial Court which reads in full as follows: This cause came on to be heard on this the 23rd day of July, 1997, before the Honorable Allen W. Wallace, Chancellor, upon stipulation of the parties, certified copies of various documents, statement of counsel, and upon the entire record. From all of which the Court finds that the Defendant improperly opened a cul-de-sac located on Timberland Drive, New Johnsonville, Tennessee, and Lot No. D-6 of the Countrywood Estates Subdivision, Section IV, and further that the Defendant violated the restrictions and protective covenants of Countrywood Estates Subdivision, Section IV, as a street or driveway to unrestricted and non-conforming adjoining property, and particularly the 11.7 acre tract that was purchased by the Defendant.

Daniel Scott Bradley, et ux. LInda Bradley, v. Geneva Lynn McCord McLeod, et vir Rodrick McLeod
01A01-9702-CH-00062
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Cornelia A. Clark

This case involves a dispute between two neighbors in the Fairview community of Williamson County concerning the use of a gravel driveway. Three years after purchasing a tract of land on which portions of the driveway were located, the property owners filed suit in the Chancery Court for Williamson County to quiet title to the portions of the driveway they believed to be on their property. Their neighbors responded that the driveway was their only access to a pubic road and that they had acquired a right to use the driveway by adverse possession. After the trial court granted the plaintiffs’ uncontested motion for summary judgment, the defendants filed a Tenn. R. Civ. P. 59.04 motion asserting that they had an “easement of presumption” to use the driveway. The trial court denied the post-judgment motion on the ground that the new defense had not been timely raised. On this appeal, the losing property owners take issue with the trial court’s decision to grant the summary judgment and to deny their post-judgment motion. We affirm the summary judgment.

State of Tennesse vs. Samuel Lamb, Jr.
01C01-9703-CC-00095
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge W. Charles Lee

The appellant, Samuel L. Lamb, Jr., appeals as of right the sentencing decision of the Marshall County Circuit Court. Pursuant to a plea agreement, the appellant pled guilty to three counts of theft of property and received an effective five year sentence.1 Following a sentencing hearing, the trial court ordered that the appellant serve 270 days of this sentence in the county jail with the balance of the sentence to be served in the community corrections program. In this appeal, the appellant contends that the trial court erred by denying full probation or placement in community corrections. After review, we affirm.

Jason Rains, Crystal L. Carney, and Kathy Carney v. Edwin Scott Sussdorff,III, a/k/a/ Ed Sussdorff, Vicky R. Sussdorff, E. Scott Sussdorff and Allstate Insurance Company - Concurring
03A01-9801-CV-00025
Authoring Judge: Judge William H. Inman
Trial Court Judge: Judge W. Neil Thomas, III

While riding as passengers in an automobile owned by defendant and driven by a close friend of defendant’s son, the intervening plaintiff was seriously injured in a one-car accident when the driver apparently fell asleep at the wheel. The passenger intervened in the driver’s petition and alleged that the vehicle had been driven with the express or implied permission of its owner and sought a declaratory judgment that his insurer was therefore liable for her injuries. The trial court found the driver did not have such permission and dismissed intervenor’s petition, and she appeals.

Heather Alicia Roach Thomson v. Patrick James Thomson - Concurring
03A01-9705-CH-00165
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Chancellor Billy Joe White

This is an appeal from a post-divorce proceeding wherein the appellant sought a change in custody of the parties minor child on the grounds that there had been a material change of circumstances justifying such a change. The trial court dismissed the complaint and this appeal resulted. We affirm the judgment of the trial court.

James G. Cooper v. Asarco, Inc.
03S01-9709-CV-00114
Authoring Judge: Joe C. Loser, Jr., Special Judge
Trial Court Judge: Hon. Rex Henry Ogle,
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. section 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The employer contends the award of permanent partial disability benefits based on seventy-five percent to the leg is excessive. As discussed below, the panel has concluded the award should be affirmed. The employee or claimant, Cooper, is sixty-one years old and has a fourth grade education, but cannot read. He has worked as garbage collector, laborer and welder. He suffered a compensable knee injury on January 19, 1995, but continued to work with pain and swelling until April of the same year when he consulted an orthopedic surgeon. When the pain and swelling persisted, the surgeon performed arthroscopic surgery and diagnosed mild spurring and joint effusion superimposed on degenerative arthritis. The claimant was returned to work with permanent restrictions. The employer has made accommodations and the claimant has returned to work with restrictions and limitations. The trial judge found the claimant entitled to permanent partial disability benefits based on seventy-five percent to the injured leg. Appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. section 5-6-225(e)(2). Conclusions of law are subject to de novo review on appeal without any presumption of correctness. Presley v. Bennett, 86 S.W.2d 857 (Tenn. 1993). Where the trial judge has seen and heard the witnesses, especially if issues of credibility and weight to be given oral testimony are involved, considerable deference must be accorded those circumstances on review. Kellerman v. Food Lion, Inc., 929 S.W.2d 333 (Tenn. 1996). The appellate tribunal, however, is as well situated to gauge the weight, worth and significance of deposition testimony as the trial judge. Orman v. Williams Sonoma, Inc., 83 S.W.2d 672 (Tenn. 1991). Once the causation and permanency of an injury have been established by expert testimony, the trial judge may consider many pertinent factors, including age, job skills, education, training, duration of disability, and

State vs. Shirley Davis
W2000-00084-CCA-R3-CD
Authoring Judge: Judge Jerry Smith
Trial Court Judge: Carolyn Wade Blackett
On December 3, 1998, a Shelby County Grand Jury indicted Shirley Davis, the Defendant and Appellant, for aggravated robbery. Following a jury trial, the Defendant was convicted as charged. After a subsequent sentencing hearing, the trial court sentenced the Defendant to serve nine years incarceration. On appeal, the Defendant claims that the trial court erroneously enhanced her sentence. Although we find that the trial court erroneously applied a statutory enhancing factor, our de novo review reveals the existence of an applicable enhancing factor that was not applied by the trial court. This enhancement factor amply justifies the sentence imposed. Accordingly, we affirm the trial court's judgment.

The CIT Group/Sales Financing vs. Leslie Williams
02A01-9706-CH-00120

Trial Court Judge: Joe C. Morris

State vs. Latoya Anderson
02C01-9707-CR-00251

Conviction Was Affirmed By This Court. State v. Clonte J. Thomas, C.C.A. No.
02C01-9804-CR-00113

State vs. Mario Bowser
02C01-9803-CR-00093

Trial Court Judge: Carolyn Wade Blackett

State vs. Burl Jarrett
02C01-9710-CC-00418

State vs. Quentin Hall
02C01-9802-CR-00040

State vs. Tammy Elliott
02C01-9803-CC-00070

Renaissance vs. Billbury
03A01-9710-CH-00462

Pigeon vs. Maples
03A01-9802-CV-00048

Allstate vs. Daniel
03A01-9710-CV-00466

Trial Court Judge: Harold Wimberly

03A01-9708-CV-0365
03A01-9708-CV-0365

Trial Court Judge: Wheeler A. Rosenbalm

Donald Zseltvay vs. Metropolitan Government
01A01-9710-CV-00587

Trial Court Judge: Hamilton V. Gayden, Jr.

Ashe vs. Radiation Oncology Associates
01A01-9710-CV-00563

Trial Court Judge: Hamilton V. Gayden, Jr.

Ashe vs. Radiation Oncology Associates
01A01-9710-CV-00563

Trial Court Judge: Henry F. Todd

Hartsville Hospital, Inc. vs. The National Bank & Trust Co.
01A01-9801-CH-00022

Trial Court Judge: C. K. Smith

Angela Hogan vs. Rex Reese and Sonya M. Reese
01A01-9801-CV-00023

Trial Court Judge: Thomas Goodall