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| In Re: Estate of James H. Williams
M2000-02434-COA-R3-CV
This case began as four separate cases which were consolidated. All four cases arose from the divorce of James Hollister Williams and Kathyrn L. H. Williams, his untimely death, and the probate and distribution of assets in his sizeable estate. The trial court upheld the validity of the divorce by denying Ms. Williams relief under Tenn. R. Civ. P. 60.02, awarded several annuities to Ms. Williams based on her status as the named beneficiary, ordered her to pay the estate taxes resulting from those annuities, and approved part of a claim filed by Ms. Williams against the Estate, but denied part. We affirm the decisions of the trial court upholding the validity of the divorce and awarding the annuities to Ms. Williams, but vacate the order granting the Estate a judgment against Ms. Williams for the estate taxes on the annuities. We also affirm in part and reverse in part the decision of the trial court with respect to the claim against the Estate, and hold that the entire claim should have been denied.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Jeffrey S. Bivins |
Williamson County | Court of Appeals | 04/28/03 | |
| State of Tennessee v. Kevin Lee Pennell
M2001-01863-CCA-R3-CD
The defendant was found in criminal contempt of court for violating a court order by operating a motor vehicle after his driving privileges had been lost for one year, and received a ten-day jail sentence. He raises two issues on appeal: (1) whether a trial judge can revoke a Tennessee driver’s license; and (2) whether he was in contempt for driving his vehicle the same day and after he had lost his license. Finding no error, we affirm the judgment of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge Steve R. Dozier |
Davidson County | Court of Criminal Appeals | 04/28/03 | |
| State of Tennessee v. Joshua Alan Steakley
W2001-02996-CCA-R3-CD
The defendant was convicted of burglary, a Class D felony, after a jury trial and was sentenced to two years, six months, with all but fifteen days suspended, and the balance to be served on supervised probation. The defendant was also ordered to pay $353.95 in restitution to North Elementary School. On appeal, he argues that the evidence was insufficient to support his conviction and that the trial court erred in denying full probation and ordering that he serve fifteen days in confinement. Following our review, we affirm the judgment of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge C. Creed McGinley |
Hardin County | Court of Criminal Appeals | 04/25/03 | |
| W2002-01642-COA-R3-CV
W2002-01642-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Robert L. Childers |
Shelby County | Court of Appeals | 04/25/03 | |
| Property of Katie Mae High v. Champion Roofing &Amp;
W2002-01941-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 04/25/03 | |
| Brenda Hicks v. John E. Hicks
W2001-02931-COA-R3-CV
This is a divorce case. At the time the wife filed for divorce, the parties had been married for eight months. The trial judge awarded the divorce to the wife on the grounds of adultery. The trial court also granted the wife a monetary award for "alimony in solido and as a division of the marital estate." The husband appeals. We affirm and modify. The proof at trial did not support awarding the wife the divorce on grounds of adultery, nor did it support the amount of the monetary award to the wife. The judgment of the trial court is affirmed but modified to reflect that the wife is granted the divorce on grounds of inappropriate marital conduct, and the monetary award is modified as well.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Joe C. Morris |
Madison County | Court of Appeals | 04/25/03 | |
| Harold Jackson v. Shelby County, Tennessee
W2002-02627-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Walter L. Evans |
Shelby County | Court of Appeals | 04/25/03 | |
| Sarah High vs. James High
W2001-01558-COA-R3-CV
This case involves an appeal from the trial court's determination of Appellant's child support and alimony arrearages, as well as the denial of a request to modify a previous award of alimony and child support. We affirm in part, reverse in part, and remand for further proceedings.
Authoring Judge: Judge David R. Farmer
Originating Judge:Joe C. Morris |
Madison County | Court of Appeals | 04/25/03 | |
| Phineas Dorris v. American Limestone Company, Inc.
M2002-00741-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. In this appeal, the employer questions the trial court's findings as to notice, compensability and extent of vocational disability. As discussed below, the panel has concluded the evidence fails to preponderate against the findings of the trial court. Tenn. Code Ann. _ 5-6-225(e) (22 Supp.) Appeal as of Right; Judgment of the Circuit Court Affirmed JOE C. LOSER, JR., SP. J., in which FRANK F. DROWOTA, III, C. J., and JOHN K. BYERS, SR. J., joined. W. Randall Wilson and Lynda Motes Hill, Chattanooga, Tennessee, for the appellant, American Limestone Company, Inc. C. Michael Lawson, Nashville, Tennessee, for the appellee, Phineas Dorris MEMORANDUM OPINION The employee or claimant, Dorris, initiated this civil action to recover workers' compensation benefits. The trial court awarded permanent vocational disability benefits based on 75 percent to the body as a whole. The employer, American Limestone, has appealed. Appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings of fact, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2) (22 Supp.). The reviewing court is required to conduct an independent examination of the record to determine where the preponderance of the evidence lies.
Authoring Judge: Joe C. Loser, Jr., Sp. J.
Originating Judge:John H. Gasaway, III, Judge |
Robertson County | Workers Compensation Panel | 04/25/03 | |
| Ken Randall Allmon v. Wolf Tree Experts, Inc.,
M2002-00366-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann._ 5-6-225 (e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The trial judge found the plaintiff suffered an injury to both arms which resulted in a permanent partial impairment of 5 percent to both. The defendant says the trial court erred in finding the plaintiff suffered any injury to his right arm and that the award of 5 percent to the left arm is excessive. We modify and affirm the judgment of the trial court. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Circuit Court Affirmed as Modified JOHN K. BYERS, SR. J., in which FRANK F. DROWOTA, III, C.J., and JOE C. LOSER, SP. J., joined. Patrick A. Ruth, Nashville, Tennessee, for the appellants, Wolf Tree Experts, Inc. and Great American Insurance Company. D. Russell Thomas, Murfreesboro, Tennessee, for the appellee, Ken Randall Allmon. MEMORANDUM OPINION Facts At the time of trial the plaintiff was forty-five years of age. He had a high school education and a varied and interesting work history which encompasses such things as working on shrimp boats and being a high rise window washer. The facts surrounding the accident in this case are simple. The plaintiff was in a tree cutting branches with a chain saw on March 21, 2. When the saw cut through a branch, his left arm, which was holding the saw, dropped and he heard a pop in his left elbow. The plaintiff testified he felt intense pain in this elbow after hearing the pop. The plaintiff was taken to the emergency room for medical care and was later treated or seen by Vanderbilt medical personnel. The plaintiff never returned to work for the defendant. He was offered a light duty job by the defendant but was of the opinion he could not do the work based upon his restrictions. Medical Evidence Dr. Douglas B. Haynes, an orthopedic surgeon, saw the plaintiff on March 21, 2. The plaintiff reported he had injured his left arm. Dr. Haynes found some tenderness on both of the plaintiff's elbows. He treated the plaintiff for some time and referred him to Dr. Callahan for a determination of whether surgery was warranted. Dr. Haynes saw the plaintiff for some time and ultimately determined he had a 5 percent impairment to the left arm. He based this on weight lifting restrictions placed by Dr. Callahan. Dr. Haynes found the plaintiff suffered no impairment to the right arm. Dr. David Gaw, an orthopedic surgeon, filed a C 32 form in which he found the plaintiff had a 5 percent impairment to the left arm and zero impairment to the right arm. Dr. David Callahan, an orthopedic surgeon, testified the plaintiff had a degenerative condition in his elbow and that the work he did exacerbated the pain. Gordon Doss, a vocational expert, testified the plaintiff suffered a 5 percent vocational loss as a result of the injury to his arms. Discussion We find from the evidence that the plaintiff suffered a definable traumatic injury to his left arm on March 21, 2. We further find from the testimony of Dr. Gaw and Dr. Haynes that the plaintiff sustained a five percent permanent partial medical impairment to his left arm and no impairment to his right arm. The evidence shows Dr. Callahan found the plaintiff sustained a one percent impairment to both the left and right arms. He found this was as a result of exacerbation of an underlying degenerative condition of the plaintiff's arm but that the only result was that this caused pain. All of the physicians found the plaintiff had zero impairment when the AMA Guideline was used. -2-
Authoring Judge: John K. Byers, Sr. J.
Originating Judge:Royce Taylor, Judge |
Cannon County | Workers Compensation Panel | 04/25/03 | |
| James H. Randalls v. Stanley G. Hopp, M.D. And Tennessee
M2002-00771-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 04/24/03 | |
| W2002-01556-COA-R3-CV
W2002-01556-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 04/24/03 | |
| Mary Saccomanno vs. Melvin Saccomanno
W2002-01267-COA-R3-CV
This is an appeal from a Final Order, granting the parties a divorce and dividing the marital property. Wife appeals and asserts that the division of marital property is inequitable. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Daniel L. Smith |
Hardin County | Court of Appeals | 04/24/03 | |
| Scott Jurgensmeyer, et al v. James F. Prater
M2000-02986-COA-R3-CV
In this consolidated case involving claims of fraud, negligent misrepresentation, breach of contract, and violations of the Tennessee Consumer Protection Act, the trial court granted summary judgment for the defendant on the ground that he had not acted individually and his corporation had not been named as a defendant. For the following reasons, we reverse and remand the decision of the trial court.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 04/24/03 | |
| W2002-01687-COA-R3-CV
W2002-01687-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:John R. Mccarroll, Jr. |
Shelby County | Court of Appeals | 04/24/03 | |
| Richard McDonald vs. Swain & Sons
W2002-00012-COA-R3-CV
This is a retaliatory discharge case. In July 1998, the plaintiff truck driver began working for the defendant trucking company. In June 1999, the truck driver was involved in a one-vehicle accident while making a delivery for the company. Soon thereafter, the truck driver was discharged. The truck driver sued the trucking company in the court below, alleging that his discharge was not because of the vehicular accident, but rather was in retaliation for refusing to participate in or remain silent about alleged illegal activity by the trucking company. The trial court found in favor of the trucking company on all issues. The plaintiff truck driver now appeals on several grounds. No transcript or statement of the evidence was filed. The issues raised by the plaintiff require a review of the proceedings below that is not possible in the absence of a transcript of the trial proceedings or a statement of the evidence. Consequently, we affirm the trial court's decision.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:John R. Mccarroll, Jr. |
Shelby County | Court of Appeals | 04/24/03 | |
| Union Planters Bank vs. Bobbye Shepard
W2002-01188-COA-R3-CV
Executor brought this action to recover proceeds of the sale of decedent's property prior to decedent's death. Both parties moved for attorney's fees. The trial court entered judgment for defendant and awarded defendant's attorney's fees. On issues relating to decedent's property, we affirm in part and reverse in part. We reverse the award of attorney's fees and remand for a determination of reasonableness.
Authoring Judge: Judge David R. Farmer
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 04/23/03 | |
| Edwin Boothe vs. Fred's Inc.
W2002-01414-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:D'Army Bailey |
Shelby County | Court of Appeals | 04/23/03 | |
| W2002-03016-COA-R3-CV
W2002-03016-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Robert L. Childers |
Shelby County | Court of Appeals | 04/23/03 | |
| State of Tennessee v. Thurman L. Whitsey and Charlie Mae Whitsey
M2001-03127-CCA-R3-CD
A Davidson County jury convicted defendants Thurman L. Whitsey1 and his mother, Charlie Mae Whitsey, of conspiracy to possess cocaine with intent to sell. The jury also convicted Thurman Whitsey of possession of cocaine with intent to sell, possession of marijuana with intent to sell, and unlawful possession of a weapon. In addition, the jury convicted Charlie Mae Whitsey of facilitation of possession of cocaine with intent to sell, simple possession of marijuana, and facilitation of unlawful possession of a weapon. The trial court imposed an effective sentence of eleven years upon Thurman Whitsey and an effective sentence of seven years upon Charlie Mae Whitsey. On appeal, both defendants contend the trial court erred in denying their motions to suppress evidence obtained as a result of an invalid search warrant. Charlie Mae Whitsey also submits the evidence was insufficient to support her conviction for facilitation of unlawful possession of a weapon. Upon review of the record and applicable law, we reverse and dismiss Charlie Mae Whitsey’s conviction for facilitation of unlawful possession of a weapon and Thurman Whitsey’s conviction for unlawful possession of a weapon; otherwise, we affirm the judgments of the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Cheryl A. Blackburn |
Davidson County | Court of Criminal Appeals | 04/23/03 | |
| Edwin Boothe vs. Fred's Inc.
W2002-01414-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:D'Army Bailey |
Shelby County | Court of Appeals | 04/23/03 | |
| W2002-01474-COA-R3-CV
W2002-01474-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 04/23/03 | |
| State of Tennessee v. Thurman L. Whitsey and Charlie Mae Whitsey - Concurring
M2001-03127-CCA-R3-CD
I concur in the results reached in the majority opinion. I respectfully disagree, though, with the majority opinion’s view that, absent the defendant’s 1994 cocaine sale, the affidavit would have warranted a person of reasonable caution to believe that cocaine or other evidence of drug offenses was located at the defendant’s house.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Cheryl A. Blackburn |
Davidson County | Court of Criminal Appeals | 04/23/03 | |
| State of Tennessee v. Joe Charles Degrafenreid
W2002-00681-CCA-R3-CD
The defendant, Joe Charles Degrafenreid, was convicted by a jury of driving under the influence (DUI) as a second offender. In this direct appeal, the defendant argues that the evidence is insufficient to support his conviction for DUI and that the trial court erred by denying his motion to suppress. Finding no error, we affirm the judgment of the trial court.
Authoring Judge: Judge David H. Welles
Originating Judge:Judge Joseph H. Walker, III |
Tipton County | Court of Criminal Appeals | 04/23/03 | |
| W2002-00489-COA-R3-CV
W2002-00489-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Rita L. Stotts |
Shelby County | Court of Appeals | 04/23/03 |