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| 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 | |
| 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 | |
| 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 | |
| W2002-00489-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 | |
| Gary Lindsey v. Philips Electronics, N.A.C.
E2002-00396-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann. _ 5-6-225(e) for hearing and reporting of findings of fact and conclusions of law. The employer appeals a finding of permanent and total disability asserting that the injury is to a scheduled member. We affirm.
Authoring Judge: Howell N. Peoples, Special Judge
Originating Judge:O. Duane Sloan, Circuit Judge |
Knox County | Workers Compensation Panel | 04/23/03 | |
| 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 | |
| The Oceanics Schools vs. Clifford Barbour, Jr.
E2002-00181-COA-R3-CV
This matter is before us on the petition of the plaintiff for a rehearing pursuant to Tenn. R. App. P. 39.
Authoring Judge: Judge Charles D. Susano, Jr.
|
Knox County | Court of Appeals | 04/22/03 | |
| W2002-03050-COA-R3-CV
W2002-03050-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:William B. Acree |
Gibson County | Court of Appeals | 04/22/03 | |
| State of Tennessee v. Wendell Clarke Chambers
04-1303-CR-00
Following a jury trial, the defendant was found guilty of first degree premeditated murder and reckless homicide. The reckless homicide conviction was merged with the murder conviction and the defendant was sentenced to life imprisonment. The defendant appeals, arguing that the evidence was insufficient to support his conviction and that the trial court erred in overruling his motions for judgment of acquittal and in allowing a videotape and photograph of the crime scene into evidence. Finding no error, we affirm the judgment of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge Allen W. Wallace |
Stewart County | Court of Criminal Appeals | 04/22/03 | |
| Amsouth Erectors, Llc v. Skaggs Iron Works, Inc.,
CH-01-0585-2
Originating Judge:Floyd Peete, Jr. |
Shelby County | Court of Appeals | 04/22/03 | |
| State of Tennessee v. David Wayne Fountain
E2002-01066-CCA-R3-CD
David Wayne Fountain, who pleaded guilty to Class E felony attempted theft, appeals from the Rhea County Circuit Court's determination that he serve a two-year, split-confinement sentence for his crime. He claims that he should have received a minimum, one-year probationary sentence. We disagree and affirm the lower court's sentencing pronouncement. However, we modify the sentence imposed to the extent that it mandates day-for-day confinement.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Judge Thomas W. Graham |
Rhea County | Court of Criminal Appeals | 04/22/03 | |
| W2002-02220-COA-R3-CV
W2002-02220-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Ron E. Harmon |
Decatur County | Court of Appeals | 04/22/03 |