J.S. Haren Company vs. Kelly Services
E2002-03116-COA-R3-CV
This appeal asserts that the Trial Court erred in entering judgment against the Appellant/Defendant, Kelly Services, Inc., for breach of contract. We reverse and dismiss the judgment of the Trial Court and remand.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Sharon J. Bell |
Knox County | Court of Appeals | 08/20/03 | |
Judy Longmire vs Kroger
E2002-03119-COA-R3-CV
In this action for damages for injuries suffered when plaintiff fell on defendant's premises, the Trial Court granted defendant summary judgment. On appeal, we vacate and remand.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Wheeler A. Rosenbalm |
Knox County | Court of Appeals | 08/20/03 | |
Bobby Cunningham v. Terry Lester
M2002-00887-COA-R3-CV
This dispute arises from an auction sale of real property. The trial court awarded plaintiff buyer specific performance of one contract and denied specific performance of a second contract. We affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:J. B. Cox |
Bedford County | Court of Appeals | 08/20/03 | |
Steve Conklin vs. State
E2002-03130-COA-R3-CV
Approximately seventeen years ago, Steve Conklin (Plaintiff") was convicted by a jury in the McMinn County Criminal Court of raping a child under the age of thirteen years. Plaintiff's conviction was affirmed by the Court of Criminal Appeals in 1987. Plaintiff was represented by appointed counsel, Fredric J. Chester, Jr. ("Chester"). Chester represented Plaintiff both at trial and on the direct appeal. Many years later, Plaintiff was granted post-conviction relief based on ineffective assistance of counsel and a new trial was ordered. The State of Tennessee ("State") declined to retry Plaintiff, who then was set free. Plaintiff filed this lawsuit in the Claims Commission ("Commission") against the State seeking monetary compensation for the alleged legal malpractice of Chester which Plaintiff claims resulted in his being imprisoned improperly for fourteen and one-half years. According to Plaintiff, Chester should be deemed a state employee because he was appointed by the court. The State disagreed and filed a motion to dismiss the complaint. The State argued that the Commission lacked subject matter jurisdiction over Plaintiff's legal malpractice claim because Chester was not a "state employee". The Commission dismissed the lawsuit solely because Plaintiff failed to respond timely to the State's motion to dismiss. We hold Chester was not an employee of the state and, therefore, the Commission lacked subject matter jurisdiction over Plaintiff's legal malpractice claim. The result reached by the Commission is affirmed.
Authoring Judge: Judge David Michael Swiney
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McMinn County | Court of Appeals | 08/20/03 | |
Angela Taylor vs. Douglas Fezell
E2002-02937-COA-R3-CV
In post-divorce action by husband, the Trial Court refused to void trust provision in Marital Dissolution Agreement and calculated child support. Husband appealed, we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Thomas R. Frierson, II |
Greene County | Court of Appeals | 08/20/03 | |
State of Tennessee v. Shun D. Jones
W2001-01313-CCA-R3-CD
The Appellant, Shun D. Jones, was convicted by a Shelby County jury of two counts of rape and was sentenced to twenty years in the Tennessee Department of Correction. On appeal, he argues that the evidence presented at trial was insufficient to support the verdict. After review, we find no error and affirm the judgment of the trial court.
Authoring Judge: Judge David G. Hayes
Originating Judge:Judge Bernie Weinman |
Shelby County | Court of Criminal Appeals | 08/19/03 | |
Ronald W. Rice v. David Mills, Warden
E2003-00328-CCA-R3-PC
The petitioner, Ronald W. Rice, filed in the Morgan County Criminal Court ("the habeas court") for habeas corpus relief, alleging that he received an illegal sentence for his conviction for an aggravated rape which occurred in 1983. The habeas court granted the petitioner relief. On appeal, the State contends that the habeas court erred in finding that the petitioner was entitled to relief. Upon review of the record and the parties' briefs, we reverse the judgment of the Morgan County Criminal Court, reinstate the petitioner's aggravated rape conviction, and remand to the Williamson County Criminal Court ("the convicting court") for correction of the judgment of conviction.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Judge E. Eugene Eblen |
Morgan County | Court of Criminal Appeals | 08/19/03 | |
E2003-00132-COA-R3-CV
E2003-00132-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Thomas R. Frierson, II |
Hawkins County | Court of Appeals | 08/18/03 | |
Donna Taylor v. Doris Holt
E2003-00901-COA-R3-CV
Steve Godfrey prepared his last will and testament on his computer and affixed his computer generated signature at the end. He had two neighbors witness the will. Mr. Godfrey died approximately one week later. Doris Holt ("Defendant"), Mr. Godfrey's girlfriend, submitted the will for probate. Donna Godfrey Taylor ("Plaintiff"), Mr. Godfrey's sister, filed a complaint alleging, in part, that the will was not signed and claiming that Mr. Godfrey had died intestate. The Trial Court granted Defendant summary judgment holding there were no undisputed material facts and that all legal requirements concerning the execution and witnessing of a will had been met. Plaintiff appeals. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Telford E. Forgerty, Jr. |
Cocke County | Court of Appeals | 08/18/03 | |
02825-COA-R3-CV
02825-COA-R3-CV
Originating Judge:Jacqueline E. Schulten |
Hamilton County | Court of Appeals | 08/18/03 | |
State of Tennessee v. Howard B. Higley
E2001-02525-CCA-R3-CD
A Hamilton County jury convicted the Defendant of driving under the influence (DUI), second offense. The trial court sentenced the Defendant to the following: "11 months, 29 days suspended after 6 months day for day (11 months, 29 days suspended probation after the 6 months)." The trial court also revoked the Defendant's driver's license for two years, ordered the Defendant to pay a $610 fine, and ordered the Defendant to avoid alcohol throughout the probation period. In addition, the trial court imposed twenty days of community service to be completed within one year. The Defendant now appeals, arguing the following: 1) that the trial court erred by denying the Defendant's motion to suppress the results of a breathalyser test, 2) that the trial court erred by limiting the testimony of the Defendant's accident re-construction expert's testimony about the Tennessee Department of Transportation's statistics regarding traffic accidents that occurred at the intersection in question, and 3) that the trial court abused its discretion by sentencing the Defendant to a sentence in excess of the maximum sentence available by statute for a DUI second offense. Finding no reversible error as concerns the conviction, we affirm the conviction. We vacate the sentence and remand for entry of an amended judgment.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Douglas A. Meyer |
Hamilton County | Court of Criminal Appeals | 08/18/03 | |
Barry Winfred Ritchie v. State of Tennessee
E2002-02609-CCA-R3-PC
In a series of steps designed to challenge his 1981 convictions for armed robbery and aggravated rape, Petitioner, Barry Winfred Ritchie, filed various pro se motions including (1) a motion for post-conviction relief and/or writ of error coram nobis, (2) a motion for relief of judgment pursuant to Rule 60.02 of the Tennessee Rules of Civil Procedure, (3) a petition for common law writ of certiorari, and (4) a motion to quash the indictments and correct an illegal sentence. All pleadings are predicated on the same allegation that the Hamilton County Criminal Court lacked territorial jurisdiction to try and convict Petitioner of the charged offenses. Following a careful review of the record, we affirm the judgments of the trial court.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge Douglas A. Meyer |
Hamilton County | Court of Criminal Appeals | 08/18/03 | |
Angelina Gilley v. Express Check Advance,
W2002-02506-WC-R3-CV
The trial court found that the employee was permanently and totally disabled through age sixty-five as a result of compensable injuries, including a herniated disk and Post Traumatic Stress Disorder. In this appeal, the employer questions the court's findings as to causation, amount of disability, temporary benefits and medical benefits. As discussed below, the panel has concluded the evidence fails to preponderate against the findings of the trial court. Therefore, We affirm the judgment of the trial court.
Authoring Judge: Allen W. Wallace, Sr. J.
Originating Judge:Joe C. Morris, Chancellor |
Madison County | Workers Compensation Panel | 08/18/03 | |
Tommy Carey v. Camden Castings
W2002-01367-WC-R3-CV
The trial court found this action barred by the statute of limitations. We affirm the trial court.
Authoring Judge: Allen W. Wallace, Sr.J.
Originating Judge:C. Creed McGiley, Circuit Judge |
Benton County | Workers Compensation Panel | 08/18/03 | |
Doris Cannon vs. Peninsula Hospital
E2003-00200-COA-R3-CV
Criminal proceedings against the Plaintiff involving a controlled substance were dismissed upon the Plaintiffs agreement to pay the costs. She thereupon filed this action for damages for malicious prosecution, which was dismissed on motion for summary judgment because the Plaintiff could not prove a necessary element: that the prosecution was terminated in her favor, because she agreed to pay the costs of the criminal prosecution. We affirm.
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:Harold Wimberly |
Knox County | Court of Appeals | 08/18/03 | |
State vs. E.G.P.
E2003-00433-COA-R3-CV
The Juvenile Court of Bradley County ordered that a placement should be found by the Department of Children's Services ("DCS") for a sixteen-year-old mother with her two and one-half-year-old child, the latter of whom had been in foster care most of his life. Time constraints were imposed and DCS did not or was unable to comply with the judgment, which resulted in a finding of contempt. The DCS appeals, and presents a litany of issues for review, one of which alleges that the juvenile court lacked jurisdiction to adjudicate a placement. The judgment is vacated in toto and the case is remanded.
Originating Judge:C. Van Deacon |
Bradley County | Court of Appeals | 08/18/03 | |
James Wilkerson vs. PFC Global
E2003-00362-COA-R3-CV
On May 3, 2002, James and Judith Wilkerson ("Plaintiffs") filed this lawsuit against PFC Global Group, Inc. ("PFC") claiming PFC had defaulted on a Promissory Note. Plaintiffs also sued Don and Brenda Dorris who had personally guaranteed PFC's debt to Plaintiffs. All three Defendants were served with process on May 16, 2002, and their attorneys entered an appearance on Defendants' behalf the following day. Plaintiffs' counsel informed defense counsel that Plaintiffs would move for a default judgment if an answer was not filed by September 6, 2002. When no answer was filed by that date, Plaintiffs moved for and were granted a default judgment. After hearing testimony from Plaintiff James Wilkerson regarding the amount due under the various contracts, the Trial Court granted Plaintiffs a judgment against each Defendant in the total amount of $1,492,353.52, plus an additional $15,000 in attorney fees. Thereafter, Defendants filed a motion to have the default judgment set aside under Tenn. R. Civ. P. 60. After a hearing, the Trial Court determined Defendants were not entitled to relief from the default judgment. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:W. Dale Young |
Blount County | Court of Appeals | 08/18/03 | |
Donald Lacy v. Wesley Cox
E2003-00709-COA-R3-CV
Donald R. Lacy ("Plaintiff") sued Jennifer Brandon for damages arising from an automobile accident. After deliberating for approximately two hours, the jury asked the Trial Court if they were required to award Plaintiff any monetary damages if they found fault on the part of Brandon. Based on the question, Plaintiff surmised the jury's deliberations were not going his way. As a result, Plaintiff moved for a voluntary dismissal without prejudice, believing he was entitled to do so as a matter of right. The Trial Court, also believing Plaintiff was entitled to dismiss his lawsuit without prejudice as a matter of right even though the jury was deliberating, granted the motion. We conclude Plaintiff was not entitled to voluntarily dismiss his lawsuit without prejudice as a matter of right at that stage in the proceedings, and as a consequence the dismissal is with prejudice.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Richard R. Vance |
Sevier County | Court of Appeals | 08/18/03 | |
State of Tennessee v. Stephanie C. Hadley
M2002-02441-CCA-R3-CD
The defendant pled guilty to felony failure to appear. Following a sentencing hearing, the trial court imposed a one-year sentence with ninety days of incarceration followed by probation. The defendant appeals the denial of full probation. We affirm the judgment of the trial court but remand for correction of a clerical error in the judgment.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Robert E. Burch |
Dickson County | Court of Criminal Appeals | 08/15/03 | |
State of Tennessee v. Kevin Scott Olmstead
M2002-02120-CCA-R3-CD
The defendant, Kevin Scott Olmstead, pled guilty to two counts of aggravated assault. Following a sentencing hearing, the trial court imposed two consecutive five-year sentences. On appeal, the defendant contends his sentences are excessive. We affirm the judgments of the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Cheryl A. Blackburn |
Davidson County | Court of Criminal Appeals | 08/15/03 | |
Vernon Elkins, Jr. v. State of Tennessee
M2002-00117-CCA-R3-PC
The petitioner appeals the denial of post-conviction relief after his second degree murder conviction and argues his trial counsel (1) deprived him of his right to testify, and (2) failed to effectively represent him at trial. We affirm the judgment of the post-conviction court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge James K. Clayton, Jr. |
Cannon County | Court of Criminal Appeals | 08/15/03 | |
Tony Baldwin v. Board of Paroles
M2002-01428-COA-R3-CV
A prisoner in the custody of the Tennessee Department of Correction became eligible for parole after serving over twenty years of his sentence. The Parole Board conducted a hearing, and voted to deny him parole. They also decided to defer further parole consideration for another twenty years. The prisoner filed a Petition for Writ of Certiorari, which the trial court denied. We reverse the deferral, because we find that the decision to defer further parole consideration for so many years constitutes an arbitrary exercise of the Parole Board's authority.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 08/15/03 | |
State of Tennessee v. Bobby Holt, Jr.
W2002-02443-CCA-R3-CD
The defendant, Bobby Holt, Jr., pled guilty to one count of aggravated burglary, four counts of burglary, three counts of theft over $1000, and one count of theft under $500. The trial court imposed sentences of five years for aggravated burglary, three years on each count of burglary, three years on each count of theft over $1000, and eleven months and twenty-nine days for theft under $500. The sentences were ordered to be served concurrently, for an effective, Range I sentence of five years. In this appeal, the defendant asserts that (1) the trial court erred in the application of enhancement and mitigating factors and (2) that the trial court erred by denying an alternative sentence. The judgments of the trial court are affirmed.
Authoring Judge: Presiding Judge Gary R Wade
Originating Judge:Judge C. Creed McGinley |
Hardin County | Court of Criminal Appeals | 08/15/03 | |
Aziza Kljajic v. Mirzet Kljajic
M2002-01294-COA-R3-CV
This case raises the question of jurisdiction over a nonresident, in a divorce filed by a Tennessee resident who also seeks custody of the parties' minor children, child support and attorney fees. We hold that the court has jurisdiction to grant the divorce and award custody but does not have jurisdiction to award child support or attorney fees.
Authoring Judge: Judge Royce Taylor
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 08/15/03 | |
Rosie Mae Thomas v. Magna Seating Systems of America,
W2002-02403-WC-R3-CV
In this appeal employer contends that the trial court erred in admitting the testimony of Dr. Joseph C. Boals, III and that the evidence preponderates against the trial court's award of 25% permanent partial disability to the left arm. For reasons stated in this opinion, We affirm the judgment of the trial court.
Authoring Judge: Allen W. Wallace, Sr. J.
Originating Judge:George R. Ellis, Chancellor |
Gibson County | Workers Compensation Panel | 08/15/03 |