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| Jack P. Carr vs. David Mills, Warden
E2000-00156-CCA-R3-PC
The petitioner sought writ of habeas corpus, alleging that he was entitled to relief because the judgments of conviction were not signed by the trial judge. We hold unsigned judgments do not render judgments void, such as entitles a defendant to habeas corpus relief. We affirm the trial court's dismissal.
Authoring Judge: Judge John Everett Williams
Originating Judge:E. Eugene Eblen |
Morgan County | Court of Criminal Appeals | 07/25/00 | |
| State vs. Eddie Taylor
W1999-01803-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Roy B. Morgan, Jr. |
Madison County | Court of Criminal Appeals | 07/24/00 | |
| Knoxville's Community Development Corp. vs. Woodfam Investments, L. P.,
E1999-02317-COA-R3-CV
Plaintiff sued to reform or void release of deed restrictions on property owned by defendant. The Trial Court ruled plaintiff failed to establish a basis for relief by clear and convincing evidence. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Sharon J. Bell |
Knox County | Court of Appeals | 07/24/00 | |
| State vs. Timothy Higgs
W1999-01534-CCA-R3-CD
The defendant appeals from a jury trial conviction for possession of contraband in a penal institution, a Class C felony. In this appeal, the defendant alleges the evidence was not sufficient to support his conviction. Concluding that the evidence was sufficient, we affirm the judgment of the trial court.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:William B. Acree |
Weakley County | Court of Criminal Appeals | 07/24/00 | |
| Willard Hawk, Jr., et al vs. Chattanooga Orthopaedic Group, P.,C., et al
E1999-00687-COA-R9-CV
This is a medical malpractice case. We granted the plaintiffs' Tenn. R. App. P. 9 application for an interlocutory appeal in order to review an order of the trial court dismissing the amendments to the plaintiffs' original complaint and granting the defendants' motion in limine pertaining to evidence of a disabling hand condition of the defendant surgeon, Dr. David M. O'Neal. We reverse.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Samuel H. Payne |
Hamilton County | Court of Appeals | 07/24/00 | |
| Investments, Inc. vs. Hackney Petroleum, Inc.
E1999-02665-COA-R3-CV
In a dispute over the meaning of a notice of termination provision in the Lease, the Trial Judge ruled the notice given did not comply with the Lease and awarded damages for breach. We reverse.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Jacqueline E. Schulten |
Hamilton County | Court of Appeals | 07/24/00 | |
| State of Tennessee v. Carlos Mcdonald
W1999-01459-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Originating Judge:Chris B. Craft |
Shelby County | Court of Criminal Appeals | 07/24/00 | |
| State vs. Shannon Prier
W1999-01436-CCA-R3-CD
The defendant appeals her conviction for theft over $1,000 for which she received a two-year suspended sentence. The defendant comes before this court raising the following issues: 1) whether the evidence was sufficient to support her conviction; and 2) whether the trial court properly denied her petition for judicial diversion. We affirm the judgment of the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Joseph H. Walker, III |
Lauderdale County | Court of Criminal Appeals | 07/24/00 | |
| Metropolitan Development & Housing Agency vs. Trinity Marine Nashville, Inc .
M1999-02162-COA-R3-CV
In this eminent domain condemnation proceeding, the Trial Court granted partial summary judgment to the condemnor on the amount of relocation expenses to be awarded the property owner as incidental damages based upon deposition testimony of an officer of the property owner. The property owner argues on appeal that summary judgment is improper in condemnation proceedings, and that the Trial Court erred in excluding from incidental damages amounts for a "burden rate" the property owner added to its actual hourly labor costs incurred in relocating from the condemned property. As the issue is a question of law and there are no questions of disputed material fact, summary judgment is appropriate. As the "burden rate" claimed by the property owner is not recoverable under the applicable statute, the judgment of the Trial Court is affirmed.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Barbara N. Haynes |
Davidson County | Court of Appeals | 07/21/00 | |
| R. David Ashley and E. Diana Ashley vs. Thomas A. Snapp
E1999-00908-COA-R3-CV
This appeal arises from a grant of summary judgment in the Knox County Circuit Court. On appeal, R. David Ashley and E. Diana Ashley, the Appellants, argue that there are genuine issues of material fact with respect to their suit for malicious prosecution and abuse of process against Thomas A. Snapp and Robin Gratigny, the Appellees, and thus, the Trial Court erred in granting summary judgment. We vacate the Circuit Court's grant of summary judgment on the issue of malicious prosecution and remand to the Trial Court on that issue, and we affirm the Trial Court's grant of summary judgment on the issue of abuse of process.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Harold Wimberly |
Knox County | Court of Appeals | 07/21/00 | |
| Bobby Ray Carper v. Ramer Wood Products
W1999-02147-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated _5-6-225(e) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The defendant, Ramer Wood Products (Ramer), appeals the judgment of the McNairy Chancery Court awarding permanent partial disability of thirty percent (3%) to the right arm and twenty-five percent (25%) to the left arm. For the reasons stated in this opinion, we affirm the judgment of the trial court as modified to a single award of twenty-seven and one-half percent (27-1/2%) permanent partial disability to both arms.
Authoring Judge: William Michael Maloan, Special Judge
Originating Judge:Dewey C. Whitenton, Chancellor |
McNairy County | Workers Compensation Panel | 07/21/00 | |
| Vowell Ventures vs. City of Martin
W1999-01445-COA-R3-CV
Vowell Ventures, a partnership, sued the City of Martin alleging that the City denied Vowell Ventures' application for a building permit due to the fact that there was a sewer line and storm drain crossing the property. The complaint alleged that the denial of the application for the building permit constituted a taking of property without just compensation and sought judgment against the City for the taking. The trial court granted the City of Martin's Motion To Dismiss Or For Summary Judgment and we affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:William B. Acree |
Weakley County | Court of Appeals | 07/21/00 | |
| In re: K.A.H.
M1999-02079-COA-R3-CV
This case involves the termination of parental rights regarding a child who was removed from the mother's home by the Department of Children's Services in 1996 and placed in foster care. DCS devised a Plan of Care for the mother, which, among other things, required her to address her drug and alcohol addictions. During the two years between the removal from the home and the filing by DCS of the petition to terminate parental rights, the mother made some efforts to improve her situation, but her substance abuse continued. The trial court terminated the mother's parental rights on grounds (1) that the conditions that led to the child's removal continued to persist with little likelihood of remedy and (2) that the mother failed to comply with the Statement of Responsibilities as provided in the Plan of Care. Because DCS has established grounds for termination and has established that termination is in the best interest of the child, we affirm.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Wayne C. Shelton |
Montgomery County | Court of Appeals | 07/21/00 | |
| Logan vs. Winstead
E1999-01056-SC-R11-CV
This appeal arises from a prisoner's pro se action for legal malpractice against the attorney who represented him in criminal court on the charges underlying his sentence. The attorney filed a motion for summary judgment supported by an expert affidavit. The prisoner, relying upon Whisnant v. Byrd, 525 S.W.2d 152 (Tenn. 1975), filed a motion to hold the proceedings in abeyance until he was released from prison and able to appear in court. The trial court failed to rule on the motion for abeyance. The trial court entered summary judgment in favor of the attorney on the grounds that the prisoner had not offered an expert affidavit to rebut the attorney's proof. The Court of Appeals upheld the judgment. We granted review to determine under what circumstances an incarcerated plaintiff is entitled to have a civil action held in abeyance until he or she is released from custody.
Authoring Judge: Justice Frank F. Drowota, III
Originating Judge:John K. Wilson |
Hawkins County | Supreme Court | 07/21/00 | |
| Dempsey vs. Dempsey
M1998-00972-COA-R3-CV
This appeal involves the award of alimony and the division of one particular piece of marital property at the dissolution of a nineteen year marriage. Mr. Dempsey appeals the award of alimony in futuro rather than rehabilitative alimony, the amount of alimony as beyond his ability to pay, and the award of a tax refund for the year of the divorce to Ms. Dempsey. We modify the award of alimony in futuro to an award of rehabilitative alimony and affirm the distribution of marital property.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Henry Denmark Bell |
Williamson County | Court of Appeals | 07/21/00 | |
| State of Tennessee v. James Admeral Yandal
W2002-01521-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Originating Judge:William B. Acree |
Obion County | Court of Criminal Appeals | 07/21/00 | |
| Joe H. Walker v. Sidney Gilreath &Amp; Associates,
E1999-01012-COA-R3-CV-
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 07/20/00 | |
| Larry Simpson vs. Donal Campbell, Commissioner, et al
M2000-00218-COA-R3-CV
Larry Simpson, a prison inmate, appeals the dismissal by the trial court of his Petition for Declaratory Judgment asserting that he was entitled to mandatory parole under former Tennessee Code Annotated Section 40-3614 and Tennessee Code Annotated Section 40-20-115. We affirm the trial court.
Authoring Judge: Judge William B. Cain
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 07/20/00 | |
| The Bogatin Law Firm vs. Hallum Motors
W2000-00409-COA-R3-CV
Appellee, an Arkansas corporation, and Appellant, a Delaware corporation authorized to do business in Arkansas and Tennessee, entered into an asset sales agreement for the sale and purchase of assets relating to an automobile dealership in West Memphis, Arkansas. Earnest money was placed in escrow with the Bogatin Law Firm, PLC in Memphis, Tennessee. Dispute concerning the asset sales agreement arose, and both parties made claim to the earnest money. The Bogatin Law Firm filed a complaint for interpleader in Shelby County, Tennessee. Appellee filed a motion to dismiss based upon improper venue which the trial court granted. We reverse, finding that venue in Shelby County was proper and that Appellee submitted to jurisdiction in Shelby County, Tennessee.
Authoring Judge: Judge David R. Farmer
Originating Judge:Floyd Peete, Jr. |
Shelby County | Court of Appeals | 07/19/00 | |
| State vs. Barry Speck
W1999-00436-CCA-R3-PC
The petitioner, Barry L. Speck, appeals the trial court's denial of his petition for post-conviction relief. The state contends that the petition should have been dismissed because of the statute of limitations. The petitioner contends that he received the ineffective assistance of counsel because his attorney failed to use documents provided by the petitioner to impeach the state's witnesses and to provide an alibi for dates listed in the bill of particulars. We hold that the petition was properly considered on its merits, but we affirm the trial court's denial of post-conviction relief.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:John P. Colton, Jr. |
Shelby County | Court of Criminal Appeals | 07/19/00 | |
| Donna Martin vs. Mary Coleman, et al
M1999-02238-COA-R3-CV
This is a dispute over real property which was the subject of an installment land sales contract between the parties and over the proceeds of an insurance policy after the dwelling on the property burned. The trial court ordered that the title to the property be divested from the Seller and be vested in the Buyer and that the remaining proceeds of the insurance policy be awarded to Buyer after all overdue payments of taxes and insurance and the incurred clean up costs were deducted. The Seller appeals on the grounds that the evidence was contrary to the judgment and that the plaintiff had breached the contract and is entitled to neither the property nor the insurance proceeds. For the reasons below, we affirm the judgment as modified.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Allen W. Wallace |
Humphreys County | Court of Appeals | 07/19/00 | |
| Frazier vs. Whisman
M1997-00225-COA-R3-CV
This appeal arises from the efforts of an inmate of the Tennessee Department of Correction to have his sentence recalculated. The prisoner initially wrote to an employee of the department requesting the recalculation. Ten months after receiving the department's letter denying his request, the prisoner filed a petition for a declaratory judgment in the Chancery Court for Davidson County. The trial court dismissed the petition, and the prisoner appeals. We affirm the trial court because the prisoner did not file his petition within sixty days of the department's decision.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 07/19/00 | |
| State vs. Michael N. Grey
M1999-01428-CCA-R3-CD
The appellant, Michael N. Grey, was convicted by a jury in the Dickson County Circuit Court of two counts of aggravated robbery, a class B felony, and two counts of theft under $500, a class A misdemeanor. The trial court sentenced the appellant to ten years incarceration in the Tennessee Department of Correction for the aggravated robbery convictions. The trial court also sentenced the appellant to eleven months and twenty-nine days incarceration in the Dickson County Jail for the theft convictions.The trial court further ordered that the appellant's sentences be served concurrently. The appellant raises the following issue for review: whether the appellant was denied due process because the State failed to provide him with proper pre-trial exculpatory evidence. Upon review of the record and the parties' briefs, we affirm in part and reverse in part the judgments of the trial court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Allen W. Wallace |
Dickson County | Court of Criminal Appeals | 07/19/00 | |
| Michael Youmans vs. Samuel Coleman
W2000-00150-COA-R3-CV
This is a construction case. The general contractor sued the homeowner for failing to make payment under the contract and for failing to pay for "extras" not contained in the original contract. The homeowner asserted that the general contractor failed to make certain corrections to the home, and that he did not agree to pay for "extras." After a bench trial, the trial court held for the homeowner. The general contractor appeals. We affirm, finding that the trial court's decision was based on its determination of the credibility of the witnesses.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Julian P. Guinn |
Carroll County | Court of Appeals | 07/19/00 | |
| State vs. Jeffery Leon Medley
M1998-00439-CCA-R3-CD
The appellant, Jeffrey Leon Medley, appeals his sentence of eleven months and twenty-nine days incarceration imposed by the Warren County Circuit Court pursuant to the appellant's conviction of improper influence of a juror. Following a review of the record and the parties' briefs, we dismiss this appeal.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Charles D. Haston, Sr. |
Warren County | Court of Criminal Appeals | 07/19/00 |