Ed Netherland, et al v. Bill Hunter, et al
M2002-03094-COA-R9-CV
In this matter we are asked to determine which statute controls the issue of venue for a claim filed under the Tennessee Consumer Protection Act, the venue provision of that act, Tennessee Code Annotated section 47-18-109, or Tennessee's general venue provision, section 20-4-101 of the Code. The trial court determined that section 47-18-109 controls venue in this action and denied Defendants' Motion to Dismiss for Improper Venue. We affirm the decision of the trial court.
Authoring Judge: Judge William B. Cain
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 10/20/03 | |
State v. Jerry Davidson
M1998-00105-SC-DDT-DD
Authoring Judge: Justice Janice M. Holder
Originating Judge:Allen W. Wallace |
Dickson County | Supreme Court | 10/20/03 | |
State of Tennessee v. Mona Ray Cloud alias Mona R. Headrick, alias Mona R. Cloud, alias Mona Headrick
E2002-03002-CCA-R3-CD
The defendant, Mona Ray Cloud, pled guilty in the Blount County Circuit Court to aggravated burglary, a Class C felony; violating the Motor Vehicle Habitual Offender (MVHO) Act, a Class E felony; and criminal impersonation, a Class A misdemeanor. Pursuant to the plea agreement, she received four-year, one-year, and six-month sentences, respectively, with the one-year and six-month sentences to be served concurrently to each other but consecutively to the four-year sentence for an effective sentence of five years in the Department of Correction (DOC). The manner of service was to be determined by the trial court. After a sentencing hearing, the trial court ordered the defendant to serve her sentences in confinement. The defendant appeals, claiming that she should have received alternative sentences. We affirm the judgments of the trial court.
Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 10/20/03 | |
In the Matter of D.L.B., A Minor
W2001-02245-SC-R11-CV
This appeal involves an action to terminate parental rights filed by the prospective adoptive parents of a child. The child’s father asserts that the chancery court erred in terminating his parental rights on the basis that he abandoned his child for the four-month period set forth in Tennessee Code Annotated section 36-1-102(1)(A)(i). To compute the four-month period, the chancery court used the date on which the Court Appointed Special Advocate (“CASA”) filed a petition in juvenile court to terminate the father’s parental rights. CASA’s petition was later dismissed. The Court of Appeals affirmed the chancery court’s termination of parental rights under Tennessee Code Annotated section 36-1-102(1)(A)(i) and found an additional ground for abandonment as defined by Tennessee Code Annotated section 36-1-102(1)(A)(iii). Tennessee Code Annotated section 36-1-102(1)(A)(iii) specifies that parental rights may be terminated if the father “willfully failed to make reasonable payments toward the support of the child’s mother during the four (4) months immediately preceding the birth of the child.” We granted permission to appeal. We hold that the commencement of the four-month period of abandonment under Tennessee Code Annotated section 36-1-102(1)(A)(i) is properly computed from the date on which the petition to terminate parental rights was filed in chancery court, not from the filing date of the earlier juvenile court petition. We further hold that the Court of Appeals erred in terminating the father’s parental rights based upon Tennessee Code Annotated section 36-1-102(1)(A)(iii). Accordingly, we reverse the Court of Appeals and remand this case to the trial court.
Authoring Judge: Justice Janice M. Holder
Originating Judge:Chancellor Kenny W. Armstrong |
Shelby County | Supreme Court | 10/20/03 | |
Dept. of Children's Services vs. K.G., et al In re: K.L.H.
E2003-00437-COA-R3-PT
The State of Tennessee, Department of Children's Services ("DCS") filed a petition seeking to terminate the parental rights of K.G. ("Mother"), and F.L.H., Jr. ("Father"), the biological parents of the minor child, K.L.H. ("the Child"). The trial court granted DCS' petition to terminate first Father's, and later Mother's, parental rights. Mother appeals. We vacate the order terminating Mother's parental rights and remand for a new termination decision.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Suzanne Bailey |
Hamilton County | Court of Appeals | 10/20/03 | |
Department of Children's services vs. R.A.W.
E2003-00847-COA-R3-PT
R.A.W. ("Father") challenges the termination of his parental rights, claiming there was insufficient proof to establish grounds for termination or that it was in the best interest of the child to terminate the parent-child relationship. Father also claims the Juvenile Court erred when it refused to grant him visitation after the petition to terminate his parental rights had been filed. We affirm the decision of the Juvenile Court.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Thomas J. Wright |
Greene County | Court of Appeals | 10/20/03 | |
State v. Jerry Davidson
M1998-00105-SC-DDT-DD
Authoring Judge: Justice Janice M. Holder
Originating Judge:Allen W. Wallace |
Dickson County | Supreme Court | 10/20/03 | |
LLoyd Williams vs. State
E2003-01409-COA-R3-CV
Lloyd E. Williams ("Plaintiff"), who absconded while on bond, was tried, convicted, and sentenced on drug charges in absentia. Years later, Plaintiff was apprehended and placed in prison. Plaintiff sued the State of Tennessee ("the State") claiming that the trial and sentencing violated various statutory rights of his. The State filed a motion to dismiss. The Claims Commission ("the Commission") granted the State's motion to dismiss. Plaintiff appeals. We affirm.
Authoring Judge: Judge David Michael Swiney
|
Court of Appeals | 10/20/03 | ||
State v. Jerry Davidson
M1998-00105-SC-DDT-DD
Authoring Judge: Justice Janice M. Holder
Originating Judge:Allen W. Wallace |
Dickson County | Supreme Court | 10/20/03 | |
Mary Ann Gurganus Eure v. Barry Lynn Eure
E2003-00745-COA-R3-CV
This is a post-divorce modification case involving the custody of, and support for, the parties' minor child, Matthew Chandler Eure (DOB: July 22, 1996) ("the child"). Mary Ann Gurganus Eure ("Mother") filed a complaint seeking custody of the child. Barry Lynn Eure ("Father"), the child's custodian, answered and filed a counterclaim seeking an increase in Mother's weekly child support obligation. Following a hearing, the trial court denied Mother's complaint. The court subsequently increased Mother's support obligation to $113 per week. Mother appeals, arguing, in so many words, that the evidence preponderates against both of the trial court's rulings. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Lawrence H. Puckett |
Bradley County | Court of Appeals | 10/17/03 | |
W2002-02529-COA-R3-CV
W2002-02529-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:D'Army Bailey |
Shelby County | Court of Appeals | 10/17/03 | |
E2003-00501-COA-R3-JV
E2003-00501-COA-R3-JV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Suzanne Bailey |
Hamilton County | Court of Appeals | 10/17/03 | |
Shayle Israel Hirschman v. Suanne Goldstein Hirschman
W2003-00008-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 10/17/03 | |
Page J. Farnsworth v. Sidney W. Farnsworth, Iii
W2002-01536-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 10/17/03 | |
State of Tennessee v. Willie Ira Poteat, Jr.
E2003-00314-CCA-R3-CD
The Defendant, Willie Ira Poteat, Jr., was indicted by the Sullivan County Grand Jury for possession of more than 26 grams of cocaine for resale and criminal conspiracy to sell more than 26 grams of cocaine. The Defendant filed a motion to suppress evidence taken during the execution of a search warrant, which the trial court denied. Thereafter, the Defendant entered a plea of nolo contendere to the charges against him, reserving the right to appeal a certified question of law regarding the trial court's ruling on the suppression issue. We now address the Defendant's appeal based upon this certified question of law.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Phyllis H. Miller |
Sullivan County | Court of Criminal Appeals | 10/17/03 | |
Children's Services, vs. SJMW, In The Matter of: DJL
E2003-00519-COA-R3-PT
The mother's parental rights were terminated by the Trial Judge. Mother has appealed. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Suzanne Bailey |
Hamilton County | Court of Appeals | 10/17/03 | |
Monte Bounds vs. Zella Cupp
E2003-00692-COA-R3-CV
The appellees filed suit against the appellant, alleging that the appellees, Lawrence R. Bozeman and wife, Imogene Bozeman ("the appellees Bozeman"), owned a 12-foot wide easement accross the property of the appellant. The appellant filed an answer, relying upon "the affirmative defense of abandonment plus adverse possession by the [appellant]." Following a plenary trial, the court below found that the appellees Bozeman had an express easement across the property of the appellant and that they "ha[d] not taken action of clear and unmistakable character indicating an abandonment of the easement." The appellant contends on this appeal that the trial court erred in failing to find abandonment of the easement. Since there is no transcript or statement of the evidence in the record before us, we affirm the judgment of the trial court.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Sharon J. Bell |
Knox County | Court of Appeals | 10/17/03 | |
In Re: Estate of Gloria Eleanor Franklin vs. W. Jess Waltman
E2003-00926-COA-R3-CV
The Trial Court following an evidentiary hearing, held decedent's holographic will to be conditional and inoperative. On appeal, we reverse.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Telford E. Forgerty, Jr. |
Cocke County | Court of Appeals | 10/17/03 | |
John Haws Burrell v. Howard Carlton, Warden
E2002-01613-CCA-R3-PC
The petitioner, John Haws Burrell, has been convicted of twelve counts of sexual battery, three counts of rape, and two counts of coercion of a witness for which he is serving an effective twenty-four-year sentence. See State v. John Haws Burrell, No. 03C01-9404-CR-00157, 1997 WL 53455 (Tenn. Crim. App. at Knoxville, Feb. 11, 1997). The petitioner brings the instant appeal of the lower court's summary dismissal of his petition for writ of habeas corpus. We find that the lower court properly summarily dismissed the petition because several of the alleged bases for relief in the petition are not proper grounds for habeas relief and the remaining allegations lack merit.
Authoring Judge: Judge Jerry L. Smith
Originating Judge:Judge Robert E. Cupp |
Johnson County | Court of Criminal Appeals | 10/17/03 | |
Arthur Creech vs. Robert R. Addington
E2003-00842-COA-R3-CV
The plaintiffs leased land in Mississippi from D.C. Parker and Richard B. Flowers ("Defendants") for the purpose of building motels on the land. Plaintiffs claim they were told by Defendants' agent that financing was in place to build immediately and that this representation induced them to enter into the leases. Financing never materialized and the motels never were built. Plaintiffs sued Defendants, the parties expected to provide financing, and others. Defendants filed a motion for summary judgment, which the Trial Court granted. Plaintiffs appeal. We vacate and remand.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Richard R. Vance |
Sevier County | Court of Appeals | 10/17/03 | |
Louis Ernest Cunningham v. Cheryl Lynne Cheatham
W2002-02296-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Joe C. Morris |
Madison County | Court of Appeals | 10/17/03 | |
State of Tennessee v. Angelee Prater
E2002-01774-CCA-R3-CD
The appellant, Angelee Prater, was convicted by a jury of aggravated child abuse, a Class A felony and fined $25,000. As a result of the conviction, the trial court sentenced her to twenty-one years and six months incarceration as a Range I, standard offender and classified her release eligibility at 100% as a violent offender. After the trial court denied the appellant's motion for a new trial, she appealed. The appellant argues on appeal that the aggravated child abuse statutes, Tennessee Code Annotated sections 39-15-401 and -402 are unconstitutionally vague as applied to her conduct and that the evidence was not sufficient to support a verdict of guilt. After a thorough review of the record, we conclude that the statutes in question are constitutional and that the evidence is sufficient to support the verdict of guilt. Accordingly, the judgment of the trial court is affirmed.
Authoring Judge: Judge Jerry L. Smith
Originating Judge:Judge J. Curtis Smith |
Rhea County | Court of Criminal Appeals | 10/17/03 | |
Ronald Loines vs. Kimberly Loines
E2003-00526-COA-R3-CV
In this divorce case, the trial court awarded Ronald Keith Loines, Jr. ("Husband") a divorce from Kimberly Loines ("Wife") by judgment entered January 14, 2003. Wife filed her notice of appeal on February 25, 2003. Because the notice of appeal was not filed within 30 days of the entry of the judgment of divorce, we are without jurisdiction to consider the issues raised by Wife. Accordingly, Wife's appeal is dismissed.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Samuel H. Payne |
Hamilton County | Court of Appeals | 10/17/03 | |
State of Tennessee v. Barry Inman
M2002-02463-CCA-R3-CD
The appellant, Barry Inman, was convicted by a jury in the Williamson County Circuit Court of possession of over .5 grams of cocaine with the intent to sell or deliver, possession of Alprazolam with the intent to sell or deliver, possession of marijuana, possession of drug paraphernalia, and speeding. Additionally, the appellant pled guilty to driving on a revoked license. The trial court sentenced the appellant to a total effective sentence of nine years incarceration in the Tennessee Department of Correction. On appeal, the appellant contends that the trial court should have granted his motion for judgments of acquittal and that the evidence adduced at trial was insufficient to sustain his convictions. 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 Timothy L. Easter |
Williamson County | Court of Criminal Appeals | 10/17/03 | |
Louis Laurent vs. Suntrust Bank
E2003-01408-COA-R3-CV
Louis A. Laurent and Barbara Laurent ("Plaintiffs") sued SunTrust Bank ("Defendant") for alleged defamatory statements made by Defendant's attorney in a separate lawsuit. Defendant filed a motion to dismiss for failure to state a claim upon which relief can be granted. The Trial Court granted the motion to dismiss. Plaintiffs appeal. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 10/17/03 |