| Anne Pope v. Leuty & Heath
M2001-00736-COA-R3-CV
The receivers of a group of insolvent life insurance companies brought a malpractice action against an accounting firm that had performed allegedly negligent audits of the companies. The accounting firm denied any negligence, and filed a third party complaint against its professional liability insurer, requesting payment of benefits under an expired policy. The trial court dismissed the third-party complaint, ruling that the insurance policy was a claims-made policy and that the insurer was no longer obligated to its former insured. The court certified its order as final for purposes of appeal. We have concluded that the trial court was correct, and we affirm its order.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 02/19/02 | |
| Dept. of Children Serv. vs. Davina Frazier
W2001-01935-COA-R3-JV
Minor child was removed from mother's custody because mother neglected to provide child with proper medical care and treatment. Mother entered into a permanency plan and child was temporarily placed with a family member. The trial court terminated mother's parental rights to the child, finding clear and convincing evidence that: (1) mother had not substantially complied with the conditions of the permanency plan; (2) there was little likelihood that the conditions leading to child's removal would be remedied in the near future, and that the continuation of the parent-child relationship would greatly diminish the child's chances of early integration into a safe, stable and permanent home. Mother has appealed. We affirm
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Christy R. Little |
Madison County | Court of Appeals | 02/19/02 | |
| Kenneth R. Griffin v. State of Tennessee
E2001-01932-CCA-R3-PC
Petitioner, Kenneth R. Griffin, appeals from the trial court's summary dismissal of his petition for post-conviction relief. Pursuant to Tennessee Code Annotated section 40-30-206, the trial court entered an order dismissing the petition without an evidentiary hearing. In its order, the trial court made a finding of fact that the petition contained no verification of any facts under oath. Since the petition was devoid of verified facts upon which the trial court could grant relief, it concluded that a dismissal was required. On appeal, the State agrees with Petitioner that the trial court's judgment should be reversed. After a thorough review of the record, we reverse the judgment of the trial court and remand this case for further proceedings.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge Lynn W. Brown |
Washington County | Court of Criminal Appeals | 02/19/02 | |
| Dennis Osagie v. Peakload Temporary Services
M2001-00852-COA-R3-CV
An employee of a temporary services agency sued the agency for non-payment of wages and for discrimination. The trial court dismissed the claim for non-payment with prejudice, and the claim for discrimination without prejudice. We affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Hamilton V. Gayden, Jr. |
Davidson County | Court of Appeals | 02/19/02 | |
| Margaret Parker v. The Kroger Company
W2002-02279-COA-RM-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:James F. Russell |
Shelby County | Court of Appeals | 02/19/02 | |
| State of Tennessee v. Kenneth England
E2001-01253-CCA-R3-CD
The Defendant pled guilty to three counts of retaliation for past action, a Class E felony, and the trial court sentenced him to four years on community corrections. Three separate violation warrants were subsequently issued against the Defendant. Following a revocation hearing, the trial court revoked the Defendant’s placement on community corrections and ordered that the Defendant serve his original sentence in the Tennessee Department of Correction. The Defendant now appeals, arguing that the trial court erred in revoking his community corrections sentence and ordering him to serve his sentence in confinement. Finding no error, we affirm the judgment of the trial court.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge E. Shayne Sexton |
Campbell County | Court of Criminal Appeals | 02/19/02 | |
| Mechanic's Laundry vs. Auto Glass
W2001-01113-COA-R3-CV
In this breach of contract case, defendant corporation denies liability under the contract because defendant's employee who signed the contract, ostensibly on behalf of the corporation, had no authority to do so. Plaintiff contends that the person signing the contract had apparent authority to act for the corporation. The trial court granted summary judgment to the plaintiff. Defendant appeals. We vacate, render, and remand.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 02/19/02 | |
| Kevin Sanders v. Jerry Mansfield
M2001-01893-COA-R3-CV
Plaintiffs appeal an injunction preventing them from interfering with county maintenance of a public road running through their property. We affirm the trial court in this matter and uphold the injunction against Plaintiffs.
Authoring Judge: Judge William B. Cain
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Lincoln County | Court of Appeals | 02/19/02 | |
| Lorenzo Childress Jr. vs. Union Realty
W2001-01742-COA-R3-CV
Plaintiff lessee in this case sued defendant landlord for damages associated with loss of personal property, interruption of business, and lost profits which resulted from the collapse of a roof and flooding of plaintiff's leased medical offices. The jury awarded plaintiff $168,000.00 in damages. Defendant appeals, arguing that this is, in effect, a subrogation suit by plaintiff's insurance carrier. We find no evidence that this is a subrogation suit and affirm judgment for plaintiff.
Authoring Judge: Judge David R. Farmer
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 02/19/02 | |
| Margaret Parker v. The Kroger Company
W2002-02279-COA-RM-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:James F. Russell |
Shelby County | Court of Appeals | 02/19/02 | |
| State of Tennessee v. Thaddeus Morris
W2001-01691-CCA-R3-CD
The defendant, Thaddeus Morris, was convicted of three counts of assault, three counts of reckless aggravated assault, one count of aggravated robbery, and one count of carjacking following a jury trial. The trial court merged the three assault convictions with the three reckless aggravated assault convictions and the aggravated robbery conviction with the carjacking conviction. The defendant was sentenced to seven years, six months for each of the reckless aggravated assault convictions, with two of the sentences to be served concurrently and the third to be served consecutively. For the carjacking conviction, the trial court sentenced the defendant to twelve years to be served consecutively to the third reckless aggravated assault sentence, for an effective sentence of twenty-seven years in the Department of Correction. On appeal, the defendant argues: (1) the evidence was insufficient to support his convictions for carjacking and aggravated robbery; (2) the trial court erred by not including "moral certainty" in its jury instruction on reasonable doubt; (3) cumulative error occurred during the trial; and (4) the trial court erred in imposing consecutive sentencing. After a careful review of the record, we affirm the judgment of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge Chris B. Craft |
Shelby County | Court of Criminal Appeals | 02/15/02 | |
| James Gunter v. Tim Emerton
M2001-00364-COA-R3-CV
In this action against a police officer for invasion of privacy by placing the plaintiff in false light the trial court granted summary judgment to the defendant. On appeal, the plaintiff claims that the trial judge erred by granting summary judgment on a defense not raised by the defendant. We affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:John J. Maddux |
Overton County | Court of Appeals | 02/15/02 | |
| Betty Louise Moss v. Findlay Industries, Inc.
M2000-02632-WC-R3-CV
The trial court awarded benefits for vocational impairment of 55 percent to each of the plaintiff's arms. The defendant insists that the award is excessive, because the anatomical rating was only 1 percent, as a result of carpal tunnel release. The judgment is affirmed.
Authoring Judge: William H. Inman, Sr. J.
Originating Judge:Charles D. Haston, Judge |
Warren County | Workers Compensation Panel | 02/15/02 | |
| Jo Anne Silverman v. Krsna, Inc.
M2001-01921-COA-R9-CV-
Originating Judge:Hamilton V. Gayden, Jr. |
Davidson County | Court of Appeals | 02/15/02 | |
| Perr Y M Ar Ch v. Law Renc E Levine,
M2000-02955-COA-R3-CV
Originating Judge:Frank G. Clement, Jr. |
Davidson County | Court of Appeals | 02/15/02 | |
| Nashville Sash & Door . v. TriStar Builders
M2001-01160-COA-R3-CV
In this case Nashville Sash and Door, Inc. sued Tristar Builders, Inc. and its two stockholders, Robert J. Ivy and Richard L. Cammeron on a debt arising from credit extended under an application of credit. At the conclusion of the plaintiff's proof the trial judge granted the defendants motion under Rule 41 of the Tennessee Rules of Civil Procedure and dismissed the complaint. Nashville Sash and Door, Inc. has appealed that decision. We affirm the Trial Court.
Authoring Judge: Chancellor Jeffrey F. Stewart
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 02/15/02 | |
| Southwest Williamson County Community Assoc. v. J. Bruce Saltsman
M2001-00654-COA-R3-CV
A group of Williamson County residents whose property was threatened by highway construction filed a Petition for a Declaratory Order against the Tennessee Department of Transportation. They argued that the Department violated the statute that authorized the project by not complying with the environmental standards for construction of an interstate highway. The Administrative Law Judge denied the petition, and the trial court affirmed the ALJ. We affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Irvin H. Kilcrease, Jr. |
Williamson County | Court of Appeals | 02/15/02 | |
| State of Tennessee v. Sean E. Miller
W2001-02045-CCA-R3-CD
The defendant was found guilty by a Shelby County jury of DUI, second offense, and reckless driving. He was sentenced to 11 months and 29 days, all suspended except 60 days for DUI, second offense, and fined $50 for reckless driving. On appeal, he argues: (1) the results of his breath alcohol test were not properly admitted; (2) the evidence was insufficient to support his conviction for reckless driving; (3) the trial court improperly aided the prosecution in the presentation of its case; and (4) the trial court erred in ordering the defendant to consent to breath alcohol tests as a condition of his probation. We reverse the judgments of the trial court, dismiss the charge of reckless driving, and remand the DUI charge to the lower court for a new trial.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Chris B. Craft |
Shelby County | Court of Criminal Appeals | 02/15/02 | |
| State of Tennessee v. Paul Flannigan
W2001-00907-CCA-R3-CD
The defendant, Paul Flannigan, was convicted by a Shelby County jury of one count of attempted first degree murder, two counts of especially aggravated robbery, three counts of aggravated rape, and one count of aggravated burglary. He received an effective sentence of 125 years. He appeals, raising two points: (1) there was insufficient proof to support his convictions, and (2) his sentences are excessive. We reverse one conviction for aggravated rape and remand that charge for a new trial; we modify some of the judgments for an effective sentence of 93 years; we affirm in all other respects.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Arthur T. Bennett |
Shelby County | Court of Criminal Appeals | 02/15/02 | |
| State of Tennessee v. Annetta Bell
M2001-00771–CCA-R3-CD
The defendant, Annetta Bell, was convicted after a bench trial of theft of property having a value less than $500.00. The trial court imposed a sentence of 11 months and 29 days. All but six months was suspended. In this appeal as of right, the defendant contends that the evidence was insufficient to support her conviction.
Authoring Judge: Presiding Judge Gary R. Wade
Originating Judge:Judge Donald P. Harris |
Williamson County | Court of Criminal Appeals | 02/15/02 | |
| State of Tennessee v. Greg Stewart
M2001-01056-CCA-R3-CD
Pursuant to a bench trial, the appellant, Greg Stewart, was convicted of two counts of simple possession of a controlled substance. The trial court sentenced the appellant to two concurrent terms of eleven months and twenty-nine days incarceration in the Coffee County Jail. On appeal, the appellant contests the trial court's denial of his motion to suppress the drug evidence due to the lack of proper consent to the search. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Judge John W. Rollins |
Coffee County | Court of Criminal Appeals | 02/15/02 | |
| Perry March v. Lawrence Levine, et al
M2000-01955-COA-R3-CV
Authoring Judge: Judge William B. Cain
Originating Judge:Frank G. Clement, Jr. |
Davidson County | Court of Appeals | 02/15/02 | |
| Clint Lowe v. Wal-Mart Stores, Inc.
M2001-00513-WC-R3-CV
After being informed by his employer that he could see no more physicians, the plaintiff nevertheless sought additional treatment for a neck injury which resulted in a surgical correction. The trial judgment ordered these unauthorized expenses to be paid by the employer. We affirm.
Authoring Judge: William H. Inman, Sr. J.
Originating Judge:Ellen Hobbs Lyle, Chancellor |
Davidson County | Workers Compensation Panel | 02/15/02 | |
| M2000-03214-COA-R3-JV
M2000-03214-COA-R3-JV
Authoring Judge: Judge William B. Cain
Originating Judge:Betty Adams Green |
Davidson County | Court of Appeals | 02/15/02 | |
| State of Tennessee v. Darrell S. Miller
W2000-01306-CCA-R3-CD
The appellant, Darrell S. Miller, was convicted by a jury in the Benton County Circuit Court of two counts of possessing controlled substances with intent to manufacture, sell, or deliver, and one count of possession of drug paraphernalia. The trial court sentenced the appellant to a total effective sentence of eight years incarceration in the Tennessee Department of Correction, suspending all but one year and placing the appellant in a community corrections program for the remainder. On appeal, the appellant raises the following issues for our review: (1) whether the trial court properly admitted drug exhibits; (2) whether the trial court erred in permitting the testimony of Stacy Mumper regarding a prior transaction between the appellant and Mumper's companion; (3) whether the evidence was sufficient to sustain his convictions; (4) whether the trial court approved the verdict as thirteenth juror; and (5) whether the trial court erred in failing to grant a new trial when the appellant produced sworn affidavits that Brenda Wynn perjured herself on the witness stand. Upon review of the record and the parties' briefs, we affirm the judgments of the trial court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Judge Julian P. Guinn |
Benton County | Court of Criminal Appeals | 02/14/02 |