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| K. Mahendra Chowbay v. Brian Davis, et al.
M2001-01838-COA-R3-CV
In this premises liability case, K. Mahendra Chowbay ("Plaintiff") sued the owners of a club, Silverado's Saloon and Dance Hall ("Silverado's"), for injuries Plaintiff received during an assault by one of Silverado's patrons, Brian Davis. Plaintiff also sued Davis. Silverado's owners, Pat Patton and Eight Track Management Company, LLC, d/b/a Silverado's Saloon and Dance Hall ("Defendants"), filed a Tenn. R. Civ. P. 12.02(6) motion to dismiss which must be treated as a motion for summary judgment because matters outside the pleadings were submitted to the trial court. Defendants contended in their motion that since Davis' assault of Plaintiff occurred on property neither owned nor operated by Defendants, Defendants owed no duty of care to Plaintiff to protect him from such an assault. The trial court granted Defendants' motion. Plaintiff appeals. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Marietta M. Shipley |
Davidson County | Court of Appeals | 06/27/02 | |
| Stanley Alford vs. Pamela Alford
E2001-02361-COA-R3-CV
In this divorce case, the trial court dissolved a marriage of 21 years and divided the parties' marital property. Stanley David Alford ("Husband") appeals, arguing that the division of property was not equitable and that the trial court erred in requiring him to pay the post-separation debts of his wife, Pamela Ward Alford ("Wife"). By way of a separate issue, Wife contends that the trial court erred in refusing to award retroactive child support. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Joyce M. Ward |
Hamblen County | Court of Appeals | 06/27/02 | |
| Tonya Ray v. William Ray
M2002-01553-COA-R10-CV
This extraordinary appeal involves a dispute over the custody of four-year-old twins. On October 5, 2001, this court vacated an order of the Circuit Court for Davidson County granting custody of the twins to the former husband of their biological mother and remanded the case for the purpose of determining whether the twins' biological father is currently fit to have custody and whether placing the twins in his custody will expose them to substantial harm. On June 27, 2002, the trial court declined to permit the biological father to continue visitation with the twins pending court-ordered psychological evaluations of the biological father and the twins. We have determined that the June 27, 2002 order must be vacated because it lacks evidentiary support and is based on a significant misinterpretation of our October 5, 2001 opinion.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Carol L. Soloman |
Davidson County | Court of Appeals | 06/27/02 | |
| William R. Diaz v. State of Tennessee
E2001-00661-CCA-R3-PC
The petitioner, William R. Diaz, appeals the Anderson County Criminal Court's denial of his petition for post-conviction relief, claiming that he received the ineffective assistance of counsel. He contends that his trial attorney was ineffective for (1) failing to file a motion to suppress his statement to the police on the grounds that it was coerced and (2) failing to file a motion to suppress evidence that the police took from his garage without a search warrant. We affirm the judgment of the trial court.
Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge James B. Scott, Jr. |
Anderson County | Court of Criminal Appeals | 06/27/02 | |
| James Raulston vs. Montgomery Elevator
E2002-00216-COA-R3-CV
This is a negligence action stemming from injuries allegedly sustained by Plaintiff James Michael Raulston when the elevator in which he was riding allegedly fell approximately five floors and came to an abrupt stop. Mr. Raulston sued Defendant Montgomery KONE, Inc. ("Montgomery KONE"), alleging it was negligent in failing to properly maintain the subject elevator in a safe condition. Montgomery KONE filed a motion for summary judgment, which the Trial Court granted. Mr. Raulston argues on appeal that the Court's grant of summary judgment was improper. We find there are genuine issues of material fact and therefore vacate the judgment of the Trial Court.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 06/27/02 | |
| Robert Jones vs. Vick Idles
E2001-02833-COA-R9-CV
Authoring Judge: Judge David Michael Swiney
Originating Judge:William E. Lantrip |
Anderson County | Court of Appeals | 06/26/02 | |
| Erin Moneymaker Earley v. Robert A. Moneymaker
2001-02462-COA-R3-CV
Originating Judge:William E. Lantrip |
Anderson County | Court of Appeals | 06/26/02 | |
| Robert Jones vs. Vick Idles
E2001-02833-COA-R9-CV
Authoring Judge: Judge David Michael Swiney
Originating Judge:William E. Lantrip |
Anderson County | Court of Appeals | 06/26/02 | |
| Sherry Hopkins vs. James Hopkins
E2001-02849-COA-R3-CV
In this appeal from the Circuit Court for Sevier County the Appellant, James Franklin Hopkins questions whether the Trial Court erred in awarding alimony to the Appellee, Sherry Mae Hopkins, and in ordering that all of Ms. Hopkins' debts be paid out of proceeds from the sale of the marital residence. Mr. Hopkins also asserts that Ms. Hopkins unlawfully disposed of marital assets. We affirm in part and modify in part.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Ben W. Hooper, II |
Sevier County | Court of Appeals | 06/26/02 | |
| Jimmy Pardue vs. Theresa Pardue
W2001-01731-COA-R3-CV
This is an appeal from the trial court's decision denying appellant's motion to void an Irreconcilable Differences divorce decree because it was granted within ninety-days of the divorce's filing. Though the appellant sought the voiding of the decree as alternative relief, it appears the essence of the relief sought is child support modification. Thus, the attempt to void the decree is a collateral attack on the judgment and the ninety-day requirement cannot be used in a collateral attack to void a divorce decree.
Authoring Judge: Judge D'Army Bailey
Originating Judge:Dewey C. Whitenton |
Fayette County | Court of Appeals | 06/26/02 | |
| State of Tennessee v. Judy Johnson and Stanley Johnson
W2001-01272-CCA-R3-CD
The husband and wife defendants, Stanley and Judy Johnson, were convicted of eleven counts of cruelty to animals, as the result of conditions at a kennel in Gibson County where they were keeping approximately 350 dogs. Stanley Johnson was sentenced to eleven months and twenty-nine days on each count, with all sentences to be served concurrently, and, as to these sentences, to serve ninety days in the county jail with the remainder on probation. Judy Johnson was sentenced, likewise, to eleven months and twenty-nine days on each count, with all sentences to be served concurrently, but she was to serve six months before being put on probation. Both defendants were fined $1000 in each of the eleven counts. On appeal, they argue that the trial court erred in allowing testimony as to a prior similar complaint against Stanley Johnson and in denying total probation for both. Additionally, they argue that the proof is insufficient to sustain the verdicts. We affirm the judgments of conviction.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge George R. Ellis |
Gibson County | Court of Criminal Appeals | 06/26/02 | |
| State of Tennessee v. Patsy Webster
W2001-01908-CCA-R3-CD
The defendant, Patsy Webster, appeals the Henry County Circuit Court's ordering her to serve one year of her effective two-year sentence in continuous confinement. She claims that the trial court erred in requiring her to serve a full year in jail because she was eligible as a Range I offender with only a two-year sentence for release after serving thirty percent of her sentence. The state agrees. We hold that the defendant was improperly sentenced and remand the case for resentencing.
Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge Julian P. Guinn |
Henry County | Court of Criminal Appeals | 06/26/02 | |
| State of Tennessee v. Judy Johnson and Stanley Johnson - Concurring
W2001-01272-CCA-R3-CD
While I concur in the result reached by the majority, I disagree on three points. First, it is my view that the trial court erred by permitting the state to cross-examine Stanley Johnson on a 1993 animal cruelty charge that did not result in a conviction. Tennessee Rule of Evidence 608 permits limited use of character evidence for impeachment purposes. Rule 608 provides in pertinent part as follows:
Authoring Judge: Presiding Judge Gary R. Wade
Originating Judge:Judge George R. Ellis |
Gibson County | Court of Criminal Appeals | 06/26/02 | |
| State of Tennessee v. Herman Holston
W2001-02004-CCA-R3-CD
The appellant, Herman Holston, was convicted after a trial by jury of sale of cocaine, a Class C felony, and was sentenced as a Range II offender to eight years and six months confinement in the Department of Correction. On appeal, Holston raises the following issues for our review: (1) whether the evidence was sufficient to support the verdict, and (2) whether his sentence was proper. After a review of the record, we find that Holston's issues are without merit. Accordingly, the judgment of the Shelby County Criminal Court is affirmed.
Authoring Judge: Judge David G. Hayes
Originating Judge:Judge Chris B. Craft |
Shelby County | Court of Criminal Appeals | 06/26/02 | |
| Larry Morgan d/b/a Morgan Contracting vs. Tellico Plains
E2001-02733-COA-R3-CV
In this contract dispute, the Plaintiff, Morgan Contracting, Inc. ("Morgan") sued the Town of Tellico Plains, alleging that it was due $68,464.86 under the terms of the contract. Tellico Plains answered with the defense that Morgan's claim was time-barred under the sixty-day limitations period set forth in the contract. After a non-jury trial, the Court ruled that Morgan had not filed suit within the contractual limitations period and consequently dismissed Morgan's cause of action. On appeal, Morgan argues that the Trial Court erred in not finding that Tellico Plains waived its right to rely upon the contractual limitations period provision. We affirm the judgment of the Trial Court.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Lawrence H. Puckett |
Monroe County | Court of Appeals | 06/26/02 | |
| Dept of Children's Services vs. NFGWP, in re:KSG and AlW
E2001-01996-COA-R3-CV
The Trial Court terminated the mother's parental rights to two minor children. On appeal, we affirm.
Originating Judge:Jamie L. Cotton |
Scott County | Court of Appeals | 06/25/02 | |
| Josephine Bryant v. Imperial Manor Convalescent
M2000-01582-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. In this appeal, the employer-appellant questions (1) the trial court's finding of compensability and (2) the imposition of a 6 percent penalty. As discussed below, the panel has concluded the judgment should be affirmed. Tenn. Code Ann. _ 5-6-225(e) (21 Supp.) Appeal as of Right; Judgment of the Chancery Court Affirmed JOE C. LOSER, JR., SP. J., in which FRANK F. DROWOTA, III, C. J., and JOHN K. BYERS, SR. J., joined. Clarence E. Lutz, Nashville, Tennessee, for the appellant, Imperial Manor Convalescent Center, LLC. Carson W. (Bill) Beck, Nashville, Tennessee, for the appellee, Josephine Bryant MEMORANDUM OPINION The employee or claimant, Josephine Bryant, injured her back at work. When the employer, Imperial Manor, denied her claim for workers' compensation benefits, she initiated this civil action. Following a trial on the merits, the trial court found the claimant's injury to be compensable and awarded benefits. The employer has appealed. Appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings of fact, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2). The reviewing court is required to conduct an independent examination of the record to determine where the preponderance of the evidence lies.
Authoring Judge: Joe C. Loser, Jr., Sp. J.
Originating Judge:Irvin H. Kilcrease, Chancellor |
Davidson County | Workers Compensation Panel | 06/25/02 | |
| Cheryl Nichols v. Transcor America
M2001-01889-COA-R9-CV
A female prisoner who was allegedly raped by an employee of TransCor America, Inc., an inmate transportation company, brought suit against the company for negligence and breach of contract. The trial court granted partial summary judgment to the defendant company on the negligence claim, ruling among other things that it is not a common carrier under Tennessee law. The court also denied the company's motion for summary judgment on the plaintiff's contract claim. Both parties filed applications for an interlocutory appeal, which we granted. We affirm the trial court as to both issues.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Marietta M. Shipley |
Davidson County | Court of Appeals | 06/25/02 | |
| Richard Taylor vs Steven Burleson
E2001-02381-COA-R3-CV
In this declaratory judgment action, plaintiffs lot owners, sought to invalidate subdivision restrictive covenants on grounds other lot owners had violated the restrictions. The Trial Court refused. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Thomas J. Seeley, Jr. |
Washington County | Court of Appeals | 06/25/02 | |
| Vicky Lynn Presley v. Vf Workwear, Inc.
M2001-01912-WC-R3-CV
In this appeal, the employer insists (1) the trial court erred by considering the operating surgeon's medical impairment rating and (2) the award of permanent partial disability benefits is excessive. As discussed below, the panel has concluded the judgment should be affirmed.
Authoring Judge: Joe C. Loser, Jr., Sp. J.
Originating Judge:Vernon Neal, Chancellor |
Putnam County | Workers Compensation Panel | 06/25/02 | |
| State of Tennessee v. Ricky Ray Reed, Jr., aka "Ricco"
W2001-02155-CCA-R3-CD
The defendant was indicted for first degree murder and convicted by the jury of second degree murder. He filed a petition for post-conviction relief, and was permitted to make a delayed motion for a new trial, which ultimately was denied by the trial court. The defendant appeals the denial, arguing that the evidence at trial was insufficient to support his conviction for second degree murder. After a review of the record, we conclude that there was sufficient evidence to convict the defendant of second degree murder and that the trial court properly denied the defendant's motion for judgment of acquittal and a new trial.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge Joseph H. Walker, III |
Tipton County | Court of Criminal Appeals | 06/25/02 | |
| Betsy D. Coker v. Beverly Enterprises Tennessee, Inc.
M2000-01630-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. In this appeal, the employer-appellant questions (1) the trial court's finding that the employee's injury arose out of and in the course of her employment and (2) the award of permanent partial disability benefits based on 65 percent to the leg. As discussed below, the panel has concluded the judgment should be affirmed. Tenn. Code Ann. _ 5-6-225(e) (21 Supp.) Appeal as of Right; Judgment of the Chancery Court Affirmed. JOE C. LOSER, JR., SP. J., in which FRANK F. DROWOTA, III, C. J., and JOHN K. BYERS, SR. J., joined. Pamela M. McCord and Richard E. Spicer, Nashville, for the appellant, Beverly Enterprises, Inc., d/b/a Beverly Healthcare Robert T. Carter, Tullahoma, Tennessee, for the appellee, Betsy D. Coker MEMORANDUM OPINION The employee or claimant, Ms. Coker, initiated this civil action to recover workers' compensation benefits for an injury by accident arising out of and in the course of her employment as a nurse for Beverly Healthcare. The employer denied liability and denied the claimant suffers any permanent disability. Following a trial on the merits on May 21, 21, the trial court resolved the issues in favor of the claimant and awarded, inter alia, permanent partial disability benefits based on 65 percent to the leg. The employer has appealed. Appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings of fact, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2). The reviewing court is required to conduct an independent examination of the record to determine where the preponderance of the evidence lies.
Authoring Judge: Joe C. Loser, Jr., Sp. J.
Originating Judge:Jeffrey Stewart, Chancellor |
Franklin County | Workers Compensation Panel | 06/25/02 | |
| Dairy Gold vs. Michael Thomas
E2001-02463-COA-R3-CV
In this dispute over a commercial lease, the Chancellor entered Judgment for lessor for limited rents, taxes and attorney's fees. On appeal, we affirm. In this dispute over a commercial lease, the Chancellor entered Judgment for lessor for limited rents, taxes and attorney's fees. On appeal, we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:W. Frank Brown, III |
Hamilton County | Court of Appeals | 06/25/02 | |
| Jonathan H. vs. James Stewart
E2001-02485-COA-R3-CV
This is a suit brought by Jonathan H., through his mother and next friend, Lisa S., and Lisa S., individually, seeking by means of a writ of certiorari and supercedes, to reverse a determination of the Anderson County School Board expelling Jonathan H. for one year because the Board found that he had violated its zero tolerance policy by possessing drugs on a school campus. We vacate the judgment below, dismiss the appeal and remand.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:William E. Lantrip |
Anderson County | Court of Appeals | 06/25/02 | |
| Kasiea Chance vs. Carl Gibson
E2001-02836-COA-R3-JV
This is a suit by Kasiea Delawn Chance, adult daughter of Kayla D. Leonard, and Ms. Leonard, who joins in the prosecution of this suit against Carl Dennis Gibson, Jr., seeking to establish his paternity as to Ms. Chance and recover support from the date of Ms. Chance's birth, medical expenses incident thereto, and attorney fees. We affirm in part; vacate in part and remand.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Jeffrey D. Rader |
Sevier County | Court of Appeals | 06/25/02 |