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| County of San Mateo, California vs. Murray Green, Sr.
M1999-00112-COA-R3-CV
Appellant appeals the enforcement of a 1983 California judgment for reimbursement for public assistance provided to his children through 1982. Because the judgment expired under the applicable statutes of limitation in both California and Tennessee before this enforcement action was brought, we find that Appellant had a vested right in that defense and reverse the trial court's judgment.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Jim T. Hamilton |
Lawrence County | Court of Appeals | 02/14/01 | |
| Ginger Vooys vs. Robert Turner, Jr.
M1999-00504-COA-R3-CV
The sole issue presented in this appeal is the propriety of the trial court's award to Wife of postjudgment interest on funds Husband deposited in the office of the clerk of the trial court prior to the appeal of the final order divorcing the parties. The funds represent the purchase price of the marital residence which had been awarded to Wife. Exercising an option to purchase the house, Husband deposited $185,000 with the court clerk and tendered it in open court. Then Husband appealed various portions of the final order, including the award of the house to Wife; he also moved to stay the execution and enforcement of that and other portions of the judgment without paying a bond on the ground that the funds he had already deposited should relieve him of the necessity of posting an additional bond. The motion also requested that the funds be placed in an interest bearing account. The stay of execution was granted, but the motion to deposit at interest was never ruled upon. After the trial court's judgment was affirmed on appeal, Wife filed a motion seeking interest on all money judgments rendered against Husband. The trial court found that Wife was entitled to postjudgment interest on the $185,000. Husband then commenced this appeal. We affirm.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 02/14/01 | |
| Larry Wakefield vs. Kimberly Longmire
E2000-01450-COA-R3-CV
This litigation arose out of an accident involving a vehicle owned by Anderson County and being driven at the time of the accident by an employee of the County. The employee sued the driver of the other vehicle involved in the accident. Incident to his original filing, the employee secured service of process on the County's liability insurance carrier, for the purpose of invoking the uninsured motorist coverage of the County's policy. The defendant, Kimberly D. Longmire, filed an answer. She did not seek to impose liability on the employee or the County. Following a jury verdict for the employee in the amount of $641,000, the trial court ruled that the employee's recovery against the uninsured motorist carrier was not capped at $130,000, the limit of the County's liability for an individual claim under the Governmental Tort Liability Act. The carrier, whose policy provided for $1,000,000 of uninsured motorist coverage, appeals, claiming that its obligation under the policy, despite the higher contract limit, is capped at $130,000. The plaintiff contends that the carrier did not appeal from a final order and that its appeal is frivolous. We affirm but do not find the carrier's appeal to be frivolous.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:James B. Scott, Jr. |
Anderson County | Court of Appeals | 02/13/01 | |
| Morristown Firefighters Assoc. vs. City of Morristown, et al
E2000-01942-COA-R3-CV
In July 1999, two vacancies arose within the City of Morristown's fire department ("Fire Department") due to the retirement of a battalion chief and a lieutenant. The Civil Service Act provides the procedure for filling vacancies in Morristown's fire department and requires the City to fill vacancies from a Roster prepared by the Civil Service Board ("Board"). When the two vacancies occurred, the Roster in place had been certified in August 1998, and updated by the Board in November 1998 ("1998 Roster"). The City, however, wanted the Board to prepare a new Roster. The Board did not create a new Roster until September 1999 ("1999 Roster"), and in the meantime, the two positions remained unfilled. The City filled the vacancies from the 1999 Roster. The Morristown Firefighters Association ("Plaintiff") brought suit against the City of Morristown, its mayor and City Council members ("Defendants"), alleging violations of the Civil Service Act for Defendants' failure to fill the vacancies from the 1998 Roster. The Trial Court held in favor of Plaintiff and ordered Defendants to fill the two vacancies from the 1998 Roster. Defendants appeal. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Kindall T. Lawson |
Hamblen County | Court of Appeals | 02/13/01 | |
| State of Tennessee v. James McArthur
W2000-00396-CCA-R3-CD
Defendant, James McArthur, appeals his two jury convictions for aggravated robbery for which he received concurrent eight-year sentences. He contends on appeal that the evidence was insufficient to support the verdicts, and he was deprived of a fair and impartial jury. We affirm the judgment of the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge W. Otis Higgs, Jr. |
Shelby County | Court of Criminal Appeals | 02/13/01 | |
| Deborah Harris vs. Howell Dalton & Medical Associates
E2000-02115-COA-R3-CV
In this action for sexual harassment, the jury returned verdicts for plaintiff. Responding to a motion J.N.O.V., the Trial Judge entered judgment for defendants. Plaintiff appealed. We reverse and remand for a new trial.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:W. Frank Brown, III |
Hamilton County | Court of Appeals | 02/13/01 | |
| State of Tennessee v. Corrie Johnson
W2000-01216-CCA-R3-CD
The defendant was convicted by a Hardin County jury of driving under the influence (DUI), possession of marijuana, and possession with the intent to sell or deliver 0.5 grams or more of cocaine. The trial court sentenced the defendant to two 11 month and 29 day sentences for the DUI and possession of marijuana convictions, suspended after serving 30 days in jail. The trial court sentenced the defendant to 9 years incarceration, as a Range I standard offender, for possession with intent to sell or deliver 0.5 grams or more of cocaine. All sentences were to be served concurrently. In this appeal as a matter of right, the defendant alleges the trial court erred by denying (1) his motion to suppress evidence discovered as a result of the vehicle stop and (2) his request for alternative sentencing. After a thorough review of the record, we affirm the judgment of the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge C. Creed McGinley |
Hardin County | Court of Criminal Appeals | 02/13/01 | |
| Olympia Child Development Center, Inc. et al vs. City of Maryville
E2000-02124-COA-R3-CV
The suit filed in this tort action originally sought a judgment against the defendant, City of Maryville ("the City"), for damages allegedly sustained by four plaintiffs when a van owned by the plaintiff Olympia Child Development Center, Inc. ("Olympia"), and driven by the plaintiff Lisa K. Murphy was struck by a vehicle driven by Rodney Parton, an off-duty police officer employed by the City. The trial court granted the City summary judgment as to the claims of the remaining plaintiffs, Olympia and Murphy, finding that their claims are barred by the doctrines of collateral estoppel and modified comparative fault. Only Olympia appeals. We affirm the grant of summary judgment, but base our affirmance on a ground other than the one utilized by the trial court.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:W. Dale Young |
Blount County | Court of Appeals | 02/13/01 | |
| Arlon Way vs. Jim Hall & The Cumberland County Bd. of Ed.
E2000-01458-COA-R3-CV
Plaintiff was discharged as a teacher for unprofessional conduct, and on appeal to the Trial Court he was reinstated. The Trial Court found the school Board had acted arbitrarily and there was no material evidence to sustain the charge of unprofessional conduct. We reverse and reinstate the Board's decision.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Vernon Neal |
Cumberland County | Court of Appeals | 02/13/01 | |
| Package Express Center, Inc. vs. Doug Maund & Emm-Dee Drug Co.
E2000-02059-COA-R3-CV
Package Express Center, Inc. vs. Doug Maund & Emm-Dee Drug Co. ( Concur/Dissent) View
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Thomas R. Frierson, II |
Greene County | Court of Appeals | 02/13/01 | |
| Package Express Center, Inc. vs. Doug Maund & Emm-Dee Drug Co.
E2000-02059-COA-R3-CV
Package Express Center, Inc. vs. Doug Maund & Emm-Dee Drug Co. ( Concur/Dissent) View
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Thomas R. Frierson, II |
Greene County | Court of Appeals | 02/13/01 | |
| Felipe Aguirre v. James and Patsy Chambers, d/b/a Big C
E2000-00980-WC-R3-CV
Plaintiff Felipe Aguirre suffered the loss and amputation of his arm as a result of a traffic accident allegedly occurring in the course of his employment with defendant. The circuit court found the accident to be unconnected to his employment and dismissed his suit. We affirm.
Authoring Judge: William H. Inman, Sr. J.
Originating Judge:O. Duane Sloan, Circuit Judge |
Knox County | Workers Compensation Panel | 02/12/01 | |
| In Re: Sierra Cheyenne Satterwhite
E2000-02107-COA-R3-CV
The Maternal Grandparents of the Minor Child filed a petition to terminate the biological father's and Mother's parental rights to Minor Child and to adopt her. The Minor Child, who was born out of wedlock, had lived with her Maternal Grandparents all of her life. She viewed her grandparents as her parents. Default judgment was granted against Mother. Father never supported the child and had limited visitation with her. The Trial Court terminated both the biological Father's and Mother's parental right's. Father appealed. We affirm the decision of the Trial Court.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:W. Frank Brown, III |
Hamilton County | Court of Appeals | 02/12/01 | |
| State of Tennessee v. Stacey Philander Baldon
W2000-00524-CCA-R3-CD
Defendant was convicted by a Lauderdale County jury of possession of 0.5 grams or more of cocaine with intent to deliver, a Class B felony, and possession of drug paraphernalia, a Class A misdemeanor. In addition, defendant entered a guilty plea to felony possession of a firearm, a Class E felony. He was sentenced as a Range II, multiple offender, and received concurrent sentences of twelve years, eleven months and twenty-nine days, and two years respectively. Defendant raises the following issues for our review: (1) whether the trial court erred by denying his motion to suppress evidence seized pursuant to the search warrant; (2) whether the trial court erred by denying his request for a severance of defendants; (3) whether the trial court erred in excluding the prior recorded testimony of his co-defendant; (4) whether the trial court improperly allowed the arresting officer to testify as to his opinion regarding the veracity of co-defendant's admission; (5) whether the jury pool was tainted by statements of a potential juror; and (6) whether the state improperly exercised its peremptory challenges. Upon our review of the record, we find defendant's allegations to be without merit; thus, the judgment of the trial court is affirmed.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Joseph H. Walker, III |
Lauderdale County | Court of Criminal Appeals | 02/12/01 | |
| Tommy C. Smith v. Continental Casualty Ins. Company and Leggett and Platt, Inc., et al
M2000-00574-WC-R3-CV
The plaintiff, Tommy C. Smith, appeals the judgment of the Chancery Court of Rutherford County where the trial court found that the plaintiff failed to carry his burden of proof that he sustained a compensible injury as defined by Tennessee Code Annotated _ 5-6-12(12). For the reasons stated in this opinion, We affirm the judgment of the trial court.
Authoring Judge: Tom E. Gray, Sp.J.
Originating Judge:Don R. Ash, Chancellor |
Smith County | Workers Compensation Panel | 02/12/01 | |
| Gerald Atkins v. Wozniak Industries, Inc.,
W2000-00665-WC-R3-CV
Employee suffered a brown recluse spider bite while at work. The incident resulted in infectious eczematoid dermatitis that affected his ability to work by causing swelling, interfering with sweating, severe itching and required employee to be cautious of overheating from direct rays of sunlight, justifying an award of forty percent to the body as a whole.
Authoring Judge: Joe H. Walker III, Sp. J.
Originating Judge:George R. Ellis, Chancellor |
Gibson County | Workers Compensation Panel | 02/12/01 | |
| Vesta Mosley vs. Tennessee Water Service & Sales
E2000-01713-COA-R3-CV
In this appeal from the Circuit Court of Anderson County the Defendant/Appellant, Tennessee Water Service and Sales, Inc., appeals the Circuit Court's order which denied Tennessee Water's motion for a new trial and overruled its objection to entry of a final judgment in favor of Plaintiff/ Appellee, Vesta G. Mosley. It is our finding that Tennessee Water did not receive notice of the hearing which resulted in the final judgment against it and, therefore, we vacate such judgment and reverse the Circuit Court's order overruling Tennessee Water's objection to entry of the judgment and its motion for a new trial. We remand this cause for further proceedings consistent with this opinion.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:James B. Scott, Jr. |
Anderson County | Court of Appeals | 02/12/01 | |
| Roy Malone vs. Harleysville Mutual In. Co.
E2000-01308-COA-R3-CV
This matter involves a dispute concerning a fire and casualty insurance policy ("Policy") which covered an apartment complex, Star Chase Apartments. Harleysville Mutual Insurance Company ("Defendant") was the insurance carrier, and the named insured was John L. Oliver, LLC ("Oliver"). A fire in one of the apartment buildings caused substantial damage. Approximately six months later, Oliver sold Star Chase to Roy M. Malone, Sr. ("Plaintiff"), prior to starting any repairs to the burned building. Oliver also assigned to Plaintiff his right to the proceeds under the Policy, and Defendant acknowledged this assignment. The Trial Court found that Plaintiff, as Oliver's assignee, was entitled to recover the replacement cost of the burned building, plus prejudgment interest. The Trial Court denied Plaintiff recovery for business loss. Plaintiff appeals the amount awarded to him as the replacement cost and the Trial Court's denial of any additional recovery for business loss. Defendant argues that the assignment of the "proceeds" to Plaintiff did not entitle Plaintiff to recover any amount as replacement cost for repairs done after the assignment. Defendant also objects to the amount of the replacement cost found by the Trial Court and to the awarding of prejudgment interest. We reverse the Trial Court's award of prejudgment interest and affirm all other aspects of the judgment.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Howell N. Peoples |
Hamilton County | Court of Appeals | 02/12/01 | |
| FTA Enterprises, Inc. vs. Pomeroy Computer Resources, Inc. & Daniel Cole
E2000-01246-COA-R3-CV
In this action for interference with business relations, interference with contract, breach of fiduciary duty, et., a jury awarded both compensatory and punitive damages in differing amounts against the defendants. The Trial Judge approved the jury verdicts and defendants have appealed. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:John S. Mclellan, III |
Sullivan County | Court of Appeals | 02/12/01 | |
| Harold Lovelace, D/B/A The Last Chance Club, et al vs. City of Knoxville
E2000-01609-COA-R3-CV
In this Declaratory Judgment action the Trial Court held portions of a City Ordinance unconstitutional relative to notice provisions, the term "open for business" and "open display". We affirm in part, reverse in part and remand.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Sharon J. Bell |
Knox County | Court of Appeals | 02/12/01 | |
| Ralph Dean Pierce, Jr., et al v. Cincinnati Casualty Insurance Company, et al
M2000-00273-WC-R3-CV
In this case, the employer, appellant, contends that (1) the trial court erred in awarding permanent disability benefits for the right arm, and (2) the trial court's award of 62% permanent partial disability for employee's left arm was excessive. The employee contends that the award to the right arm was insufficient. For reasons stated below, the trial court is affirmed.
Authoring Judge: Tom E. Gray, Sp.J.
Originating Judge:Larry G. Ross, Judge |
Warren County | Workers Compensation Panel | 02/12/01 | |
| Judy (Kendrick) Shoemake vs. Timothy Lee Kendrick
E2000-01318-COA-R3-CV
In this appeal from the Chancery Court for Hamilton County the Appellant, Judy (Kendrick) Shoemake questions whether the Trial Court erred in granting a petition to modify custody filed by the Appellee, Timothy Lee Kendrick, and whether the Trial Court erred in its determination of the amount due her for child support arrearage and unreimbursed medical expenses paid by her on behalf of the parties' minor children. We reverse in part, modify in part and remand for further proceedings, if any, consistent with this opinion. We adjudge costs of the appeal against Judy (Kendrick) Shoemake and Timothy Lee Kendrick equally.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:William M. Dender |
Hamilton County | Court of Appeals | 02/12/01 | |
| Dottie Lou Bell Hampton v. Henry I. Seigel Co., Inc.,
W2000-01272-WC-R3-CV
The employer and its insurer contend the employee's disability was caused by an independent intervening cause, namely a gradually occurring injury while working for a subsequent employer, and that the award of permanent partial disability benefits is excessive. As discussed below, the panel has concluded the evidence fails to preponderate against the findings of the trial court.
Authoring Judge: Joe C. Loser, Jr., Sp. J.
Originating Judge:Julian P. Guinn, Judge |
Henry County | Workers Compensation Panel | 02/12/01 | |
| Mary Martin v. Catholic Mutual Group
M2000-00228-WC-R3-CV
The trial court awarded to the employee a forty (4%) percent vocational disability to each arm for the work related injury of bilateral carpel tunnel syndrome. No award of vocational disability was made to the claimant for bilateral epicondylitis and the trial court found evidence was insufficient to award future medical for epicondylitis. We affirm the findings of the trial court.
Authoring Judge: Tom E. Gray, Sp. J.
Originating Judge:James Weatherford, SR. J. by designation |
Montgomery County | Workers Compensation Panel | 02/12/01 | |
| Wallace Downey James, Jr. v. Tennsco Corporation, et al
M1999-01088-WC-R3-CV
Appellant presents one issue to be determined and that is whether the trial court erred in finding that the appellant did not carry the requisite burden of proof in establishing that he sustained a compensable workers' compensation injury. In addition to the issue raised by Appellant, Appellee presents to the Court the issue of whether the employee's appeal should be dismissed for failure to comply with the Rules of Appellate Procedure. While the deficiencies are serious violations of the Rules of Appellate Procedure, the issue raised by the Appellant has been thoroughly reviewed by the panel, and the judgment of the trial court is affirmed.
Authoring Judge: Tom E. Gray, Sp. J
Originating Judge:Leonard W. Martin, Chancellor |
Dickson County | Workers Compensation Panel | 02/12/01 |