Sandra Kay Terrell v. Sterling Plumbing Group
W2002-01489-WC-R3-CV
The employer in this workers'compensation case has appealed the trial court's decision awarding the claimant twelve percent (12%) permanent partial disability to both arms. This award was made despite the absence of any impairment rating to the left arm and despite the absence of medical evidence establishing permanency of any injury to the left arm. The Panel has concluded that the evidence preponderates against the trial court's finding of a work-related injury to the left arm. Accordingly, we reverse the trial court's finding as to the left arm, but we affirm the trial court's award of 12% permanent partial disability to the right arm.
Authoring Judge: D. J. Alissandratos, Sp.J.
Originating Judge:Michael Malone, Chancellor |
Obion County | Workers Compensation Panel | 11/21/03 | |
Carl Evans vs. Clarence Douglas
E2002-02191-COA-R3-CV
This is a suit by Carl Evans and his wife Sharon Evans against Clarence Douglas, Heritage Realty, Care Free Home Center, Inc., and Rick McManus. The suit sought damages because a lot they supposed they were buying from Mr. Douglas was not the lot they owned, but one adjacent thereto. Heritage Realty was sued as the employer of Mr. Douglas and Care Free Home Center, Inc., as the seller of a modular home which was placed on the wrong lot, and putting the Evanses in touch with Mr. Douglas. Rick McManus was the owner of the lot upon which the modular home was placed, although no relief was sought against him. Mr. McManus, however, did file a counter-complaint seeking rents from the Evanses for their use of his lot. The Trial Court awarded a judgment to the Evanses against Mr. Douglas only, under the Tennessee Consumer Protection Act, and a judgment in favor of Mr. McManus against the Evanses for rental value of the property, as well as discretionary costs. We affirm as modified.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Howell N. Peoples |
Hamilton County | Court of Appeals | 11/21/03 | |
Melinda Anderson vs. Brett Wilder
E2003-00460-COA-R3-CV
This case involves a dispute between members of a limited liability company ("LLC") entitled FuturePoint Administrative Services, LLC. The Plaintiffs were expelled from the LLC by a vote of the Defendants, who together owned 53% of FuturePoint. The Plaintiffs received a buyout price of $150.00 per ownership unit in FuturePoint after they were expelled, pursuant to the operating agreement of the LLC. Shortly after the expulsion, the Defendants sold 499 ownership units, amounting to a 49.9% interest in the LLC, to a third party at a price of $250.00 per ownership unit. Plaintiffs filed this action, alleging, among other things, that the Defendants' actions violated their fiduciary duty and duty of good faith to Plaintiffs. Defendants moved for summary judgment, arguing that their actions were authorized by the operating agreement and that they acted in good faith in expelling the Plaintiffs. The Trial Court granted summary judgment in Defendants' favor. We vacate the order of summary judgment and remand.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Harold Wimberly |
Knox County | Court of Appeals | 11/21/03 | |
Antuan J. Foxx v. James Neely, et al
M2003-01634-COA-R3-CV
This is an appeal by a former employee whose unemployment compensation benefits were denied on the basis of work-related misconduct, specifically for allegedly refusing to perform certain work as requested by a supervisor. The claim for benefits was denied by the Employment Security Division of the Tennessee Department of Labor and Workforce Development. The employee filed a petition with the Chancery Court for judicial review. The Chancery Court affirmed. The employee asserts that the denial of his claim is not supported by substantial and material evidence. We find there is substantial and material evidence to support the denial of benefits and affirm the trial court.
Authoring Judge: Judge Frank Clement, Jr.
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 11/21/03 | |
State of Tennessee v. Teresa Gail Presson
M2002-03090-CCA-R3-CD
The defendant, Teresa Gail Presson, appeals from the Dickson County Circuit Court's order revoking her probation that she received upon her guilty plea to theft of property valued more than $10,000 but less than $60,000. The defendant contends that although she violated her probation, the trial court erred by ordering her to serve the remainder of her sentence in confinement. We affirm the judgment of the trial court.
Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge Robert E. Burch |
Dickson County | Court of Criminal Appeals | 11/20/03 | |
Frank Crittenden v. State of Tennessee
M2002-01856-CCA-R3-PC
The Appellant, Frank Crittenden, appeals the Davidson County Criminal Court's dismissal of his petition for post-conviction relief. Crittenden pled guilty to eight counts of aggravated rape and, following a sentencing hearing, received an effective one-hundred-year sentence in the Department of Correction. On appeal, the single issue presented for our review is whether Crittenden was denied the effective assistance of counsel. Following a review of the record, we affirm the judgment of the post-conviction court dismissing the petition.
Authoring Judge: Judge David G. Hayes
Originating Judge:Judge J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 11/20/03 | |
Michael Anderson Peek v. State of Tennessee
E2003-00449-CCA-R3-PC
A Hamilton County jury convicted the Petitioner, Michael Anderson Peek, of four counts of aggravated rape, one count of attempted aggravated rape, three counts of rape, one count of aggravated robbery, two counts of robbery, and three counts of aggravated burglary. The trial court imposed an effective sentence of ninety-nine years in prison. On direct appeal, this Court affirmed the convictions, and the Tennessee Supreme Court denied the Petitioner's application for permission to appeal. The Petitioner then sought post-conviction relief, alleging that he was denied effective assistance of counsel. Following a hearing on the post-conviction petition, the trial court dismissed the petition, and this appeal ensued. We affirm the trial court's dismissal of the petition.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Douglas A. Meyer |
Hamilton County | Court of Criminal Appeals | 11/20/03 | |
State of Tennessee v. Traci L. Crews
M2002-02908-CCA-R3-CD
The defendant entered a best interest plea to theft over $10,000, as a Range I, standard offender. She was sentenced to six years, with eight months of confinement and the remainder suspended with ten years of intensive probation. Restitution was included. On appeal of her sentence, the sentence was modified to three years and the remaining terms of the sentence affirmed in all respects.
Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Donald P. Harris |
Williamson County | Court of Criminal Appeals | 11/20/03 | |
State of Tennessee v. William O. Ewerling
M2002-02459-CCA-R3-CD
The Appellant, William O. Ewerling, appeals his conviction by a Davidson County jury for driving under the influence of an intoxicant (DUI), first offense. On appeal, Ewerling raises three issues for our review: (1) whether the trial court's admission of certain evidence at trial was error; (2) whether the evidence was sufficient to support his conviction; and (3) whether Ewerling's refusal to submit to a breath alcohol test was protected by his Fifth Amendment right against self-incrimination. Because the record on appeal fails to include either a transcript of the evidence from Ewerling's trial or a statement of the evidence as permitted by Tenn. R. App. P. 24, we find that these issues are procedurally defaulted. Accordingly, the judgment of the trial court is affirmed.
Authoring Judge: Judge David G. Hayes
Originating Judge:Judge Carol L. Soloman |
Davidson County | Court of Criminal Appeals | 11/20/03 | |
Thomas Moore v. Shoney's, Inc.
M2002-02635-WC-R3-CV
In this appeal, the employer questions the trial court's award of disability benefits and the admissibility of a medical expert's opinion. As discussed below, the panel finds no reversible error and concludes the evidence fails to preponderate against the findings of the trial court.
Authoring Judge: Joe C. Loser, Jr., Sp. J.
Originating Judge:Carol L. Soloman, Judge |
Moore County | Workers Compensation Panel | 11/20/03 | |
Ira Miles v. State of Tennessee
W2003-00784-CCA-R3-PC
The Defendant, Ira Miles, brings this appeal from the trial court’s denial of post-conviction relief. The Defendant pled guilty to especially aggravated robbery and received an agreed sentence of seventeen years to be served at one hundred percent. In this appeal, he argues that he is entitled to post-conviction relief because he was denied the effective assistance of counsel during the course of his plea. We affirm the judgment of the trial court.
Authoring Judge: Judge David H. Welles
Originating Judge:Judge Chris B. Craft |
Shelby County | Court of Criminal Appeals | 11/19/03 | |
In Re: J.J.C., D.M.C., S.J.B. vs. John Calabretta
W2002-01400-COA-R3-JV
This is a termination of parental rights case. While the father was incarcerated for driving offenses, the mother was arrested for possession of drug paraphernalia. As a result, the parties' two young children were placed in state custody. When the father was released from prison, he contacted the state to enter into a plan of permanency. Subsequently, the state filed a petition to terminate the parental rights of both the mother and the father, alleging that they had failed to comply with the permanency plan, and that they abandoned the children by willfully failing to pay child support to the state. Almost a year later, the trial court conducted a trial in the matter. After the trial, the trial court entered an order terminating the parental rights of both the mother and the father. The father's parental rights were terminated based, in part, upon abandonment. Only the father has appealed from the trial court's decision. We reverse, finding that the evidence does not establish by clear and convincing evidence that the father's failure to make support payments was willful.
Authoring Judge: Judge Holly M. Kirby
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Shelby County | Court of Appeals | 11/19/03 | |
Debbie Legens v. Darin Marshall D/B/A Marshall Recovery
W2003-00005-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:William B. Acree |
Weakley County | Court of Appeals | 11/19/03 | |
State of Tennessee v. Kevin D. Guffey
E2002-02527-CCA-R3-CD
The appellant, Kevin D. Guffey, pled guilty in the Hamilton County Criminal Court to driving under the influence (DUI), a Class A misdemeanor. The trial court sentenced the appellant to eleven months and twenty-nine days in the county workhouse, to be suspended after serving forty-eight hours, and imposed a fine in the amount of three hundred sixty dollars ($360). The trial court also suspended the appellant's driver's license for one year and ordered the appellant to attend "DUI school." Pursuant to the plea agreement, the appellant reserved the right to appeal a certified question of law challenging the trial court's denial of his motion to suppress. 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 Rebecca J. Stern |
Hamilton County | Court of Criminal Appeals | 11/19/03 | |
State of Tennessee, ex.rel. Vikki Davis vs. John Davis
W2001-02565-COA-R3-CV
This case involves a judge's sua sponte decision not to enforce a Tennessee statute. The parties divorced in 1997, and the mother was awarded custody of the parties' minor daughter. The father was required to pay child support. The father failed to pay, and the State filed a petition for contempt on the mother's behalf. The father was found in contempt for his failure to pay. Sua sponte, the trial judge refused to enforce the Tennessee statute requiring the payment of a child support processing fee, citing a perceived violation of an unspecified federal law. The State appeals. We reverse, finding that the trial judge erred in refusing to apply the statute.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:George R. Ellis |
Haywood County | Court of Appeals | 11/19/03 | |
State of Tennessee v. Torrance Maurice Knight
E2003-00079-CCA-R3-CD
The defendant pled guilty to three counts of aggravated assault, two counts of solicitation of a minor, four counts of indecent exposure, and possession of a dangerous weapon. He agreed to an effective five-year sentence, with the manner of service to be determined by the trial court. The defendant contends that the trial court erred in denying him an alternative sentence. We affirm the judgments of the trial court.
Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Douglas A. Meyer |
Hamilton County | Court of Criminal Appeals | 11/19/03 | |
Terry Baker Smithson v. James Alvin Smithson, Jr.
W2003-00204-COA-R3-CV
Authoring Judge: Judge David R. Farmer
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Shelby County | Court of Appeals | 11/19/03 | |
Richard Rehagen v. State of Tennessee
W2003-00894-CCA-R3-PC
The Defendant, Richard Rehagen, pled guilty to one count of first degree murder, one count of attempted first degree murder, and one count of aggravated arson. He was sentenced to life imprisonment without the possibility of parole for the murder, and to twenty-five years for each of the other two offenses, to run concurrently. The Defendant subsequently challenged his pleas by filing a petition for post-conviction relief. The trial court denied the Defendant’s petition after an evidentiary hearing, and the Defendant now appeals. We affirm the judgment of the trial court.
Authoring Judge: Judge David H. Welles
Originating Judge:Judge John P. Colton, Jr. |
Shelby County | Court of Criminal Appeals | 11/19/03 | |
W2002-02228-COA-R3-CV
W2002-02228-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Robert L. Childers |
Shelby County | Court of Appeals | 11/18/03 | |
Nadia Coffer v. State of Tennessee
W2003-00529-CCA-R3-PC
The petitioner, Nadia Coffer, appeals the lower court’s denial of her post-conviction relief petition. The petitioner originally entered guilty pleas in the Shelby County Criminal Court to especially aggravated kidnapping and attempted first degree murder and received two concurrent fifteen-year sentences, the minimum sentences for these Class A felonies. On appeal, the petitioner contends her pleas were unknowingly and involuntarily entered due to ineffective assistance of counsel. We affirm the judgment of the post-conviction court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Arthur T. Bennett |
Shelby County | Court of Criminal Appeals | 11/18/03 | |
Mohammad Rafieetary v. Maryam Khoshroo Rafieetary
W2003-00121-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:John R. Mccarroll, Jr. |
Shelby County | Court of Appeals | 11/18/03 | |
W2003-00017-COA-R3-CV
W2003-00017-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Joseph H. Walker, III |
Lauderdale County | Court of Appeals | 11/18/03 | |
CH-01-1611-3
CH-01-1611-3
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 11/18/03 | |
W2003-00461-COA-R3-CV
W2003-00461-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Karen R. Williams |
Shelby County | Court of Appeals | 11/18/03 | |
State of Tennessee v. John Johnson
W2002-01333-CCA-R3-CD
The jury convicted the defendant of especially aggravated robbery and theft over $10,000. The trial court imposed consecutive twenty-five-year and ten-year sentences, respectively. On appeal, the defendant argues: (1) there was insufficient evidence to support his conviction for especially aggravated robbery; (2) the trial court erred in not allowing him to move from the defense table to view evidence on a monitor; and (3) the trial court erred in sentencing him. We affirm the judgments of the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Joseph B. Dailey |
Shelby County | Court of Criminal Appeals | 11/18/03 |