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| Eagle Vision vs. Odyssey Medical
W2001-01772-COA-R3-CV
This is an action for misappropriation of trade secrets in which the manufacturer of a surgical product allegedly misappropriated the product design and marketed a competing product after the developer discontinued its relationship with manufacturer. Trial court granted summary judgment in favor of manufacturer on all claims. We reverse and remand.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 02/20/02 | |
| Angela Lem Mons v. P & P Enterpr Ises, Llc
M2001-00616-WC-R3-CV
The employee appeals the finding of the trial court that she failed to carry her burden of proof that her injuries arose out of and in the course of her employment. We affirm the judgment of the trial court.
Authoring Judge: Howell N. Peoples, Special Judge
Originating Judge:James E. Walton, Judge |
Robertson County | Workers Compensation Panel | 02/20/02 | |
| State of Tennessee v. Gonzalo Moran Garcia
M2000-01760-CCA-R3-CD
The appellant, Gonzalo Moran Garcia, appeals his conviction by a jury in the Davidson County Criminal Court of one count of possession of one thousand grams or more of methamphetamine with intent to deliver, a class A felony. He raises the following issues for our review: (1) whether the trial court erred in denying his pre-trial motion to suppress; (2) whether the trial court erred in admitting at trial the testimony of Daniel A. Rosales, an officer employed by the Houston Police Department in Texas; (3) whether the evidence underlying the appellant’s conviction is sufficient; and (4) whether the trial court erred in rejecting his proposed jury instructions. Following a thorough review f the record and the parties’ briefs, we reverse the judgment of the trial court and remand this case
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Judge Steve R. Dozier |
Davidson County | Court of Criminal Appeals | 02/20/02 | |
| Marilyn Yount v. Bruce Yount
M2001-01335-COA-R3-CV
The trial court granted a divorce to the wife, and awarded her alimony in futuro of $2,000 per month. The husband argues on appeal that the wife does not need any alimony, and that he himself does not have the ability to pay the alimony. The proof shows that he does indeed have the ability to pay, but that the wife's needs are more appropriately served by an award of rehabilitative alimony. We modify the alimony award accordingly.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Carol A. Catalano |
Montgomery County | Court of Appeals | 02/20/02 | |
| Don Long vs. Ralph & Edna Langley
W2001-01490-COA-R3-CV
This a lawsuit between the two stockholders of Gene Langley Ford, Inc., an automobile dealership. The issues involve the percentage of ownership owned by the two stockholders and whether the defendant paid himself an excessive salary for managing the business. The Chancellor held that the plaintiff owns forty-nine (49%) of the stock and the defendant owns fifty-one percent (51%). He further held that the defendant's salary was not excessive. We reverse the Chancellor's decision regarding the ownership of the stock and hold that each party owns fifty percent (50%). We affirm the Chancellor's decision that the defendant's salary was reasonable.
Authoring Judge: Judge William B. Acree
Originating Judge:George R. Ellis |
Gibson County | Court of Appeals | 02/20/02 | |
| State of Tennessee v. Gonzalo Moran Garcia
M2000-01760-CCA-R3-CD
After careful review of the record, I write separately because I reach a different conclusion than that expressed in the majority opinion with respect to the defendant's motion to suppress the evidence obtained during the search of his vehicle. I agree with the majority on all other matters raised in this appeal.
Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Steve R. Dozier |
Davidson County | Court of Criminal Appeals | 02/20/02 | |
| Shelia Bland vs. Jerry Bland
W2001-01705-COA-R3-CV
Husband appeals from a final decree of divorce as to the amount of alimony awarded and the award of attorney fees. We affirm and modify.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Joe C. Morris |
Henderson County | Court of Appeals | 02/20/02 | |
| Joyce Howell vs. Phillip Howell
W2001-01167-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Joe C. Morris |
Madison County | Court of Appeals | 02/20/02 | |
| David Schwab v. David Miller
M2001-00932-COA-R3-CV
The Chancery Court of Williamson County held that in order to claim a major benefit of an employment contract the employee had to be employed when the other contingencies in the contract were met. We affirm the lower court's interpretation.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:R.E. Lee Davies |
Williamson County | Court of Appeals | 02/20/02 | |
| Judith Steele vs. Columbia Health Care
W2001-01692-COA-R3-CV
This is a medical malpractice case. Plaintiff's husband, Mr. Steele, arrived at Defendant's emergency room complaining of chest pains. An EKG illustrated that he was suffering a heart attack. Mr. Steele underwent subsequent treatments and an additional EKG. The second EKG was abnormal, and Dr. Urankar, a physician at Defendant's emergency room decided to administer tPA, a "clot busting" drug. While Dr. Urankar was preparing to administer the tPA, Mr. Steele's condition significantly worsened, and he eventually died. At trial, Plaintiff introduced expert testimony from Dr. Carr regarding the applicable standard of care and causation. Defendant objected to portions of Dr. Carr's testimony. The jury awarded Plaintiff damages, and Defendant appeals, citing error in Dr. Carr's testimony. We affirm the decision of the trial court.
Authoring Judge: Judge David R. Farmer
Originating Judge:William B. Acree |
Weakley County | Court of Appeals | 02/19/02 | |
| Jennifer Branham vs. Jeffery Branham
E2003-01253-COA-R3-CV
Mother petitioned the Court to relocate to Kentucky with the parties child, which the Trial Court granted. On appeal, we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Thomas R. Frierson, II |
Hamblen County | Court of Appeals | 02/19/02 | |
| Anthony Doty vs. Patrick Whalen
W2001-01854-COA-R3-CV
Petitioner-inmate filed a petition for writ of mandamus to require the defendants, prison warden and other officials, to restore visitation privileges of the plaintiff's girlfriend and to expunge from the prison records all references to the revocation of the visitation privileges and to the alleged sexual misconduct that precipitated the revocation. After a nonjury trial, the trial court entered an order of dismissal. Plaintiff has appealed. We affirm as modified and remand for further proceedings.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Dewey C. Whitenton |
Hardeman County | Court of Appeals | 02/19/02 | |
| Charles Crews (Dexter Ridge Shopping Center) vs. Michael Cahhal, et al.
W1999-02354-COA-R3-CV
This is a breach of contract case. The plaintiff developer leased space to a corporation for use as a restaurant. The shareholders of the corporation entered into a separate agreement with the developer to guarantee the lease. The corporation defaulted on the lease. The developer filed unlawful detainer warrants in general sessions court against both the corporation and the shareholder guarantors. Thereafter, the corporation filed for bankruptcy, thus staying the general sessions court proceedings as to the corporation. The general sessions court dismissed the entire action, including the claim against the guarantors, because the bankruptcy stay prevented the developer from recovering possession. This decision was appealed to circuit court. Meanwhile, the developer had filed a second lawsuit for breach of contract against the guarantors. The second lawsuit was consolidated with the appeal of the unlawful detainer action pending in circuit court. After a trial, the circuit court affirmed the dismissal of the unlawful detainer action and dismissed the breach of contract action based on the doctrine of former suit pending. This appeal followed. We reverse and remand, finding, inter alia, that the action in general sessions court against the guarantors was for breach of contract and, therefore, recovery of possession of the premises was not required in order to obtain an award of damages against the guarantors.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Karen R. Williams |
Shelby County | Court of Appeals | 02/19/02 | |
| State of Tennessee v. Paul Payne, Jr.
W2001-00216-CCA-R3-CD
The defendant, Paul Payne, Jr., was convicted in a bench trial of driving under the influence of an intoxicant. The trial court imposed a sentence of 11 months and 29 days and suspended all but 48 hours. The defendant was fined $350.00. In this appeal of right, the defendant complains that the stop of his vehicle was unlawful, that the evidence at trial was insufficient, and that there was no reasonable basis for the administration of the blood alcohol test. The judgment is affirmed.
Authoring Judge: Presiding Judge Gary R Wade
Originating Judge:Judge Joseph H. Walker, III |
Tipton County | Court of Criminal Appeals | 02/19/02 | |
| Ingram v. Beazer Homes
M2001-01641-COA-R3-CV
This litigation arises from the 1994 sale of a newly constructed house and lot backing up to a subdivision common area with an existing natural sinkhole, which is utilized for surface water drainage from several nearby lots. During development of the subdivision the defendant filled the area including a portion of the lot purchased by the plaintiffs. In 1997, the plaintiffs became concerned about the ground settling in their back yard and about perceived dangers of the nearby sinkhole. They sued the defendant as subdivision developer, house builder, and seller of the property and sought rescission or alternative relief. The Chancery Court ordered rescission with the plaintiffs recovering the appreciated value at the time of trial and the cost of improvements, plus prejudgment interest on that total, but without any setoff for the rental value during the plaintiffs' occupancy. We reverse and remand due to errors in the trial court's calculation of the amount payable upon rescission and related issues. While we could affirm the rescission, we are reluctant to limit the parties and the trial court to that remedy, since we anticipate additional proof by the parties and a significantly different result upon remand.
Authoring Judge: Judge Robert L. Jones
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 02/19/02 | |
| Eric Wallace v. State of Tennessee
W2000-02854-CCA-R3-CD
The petitioner, Eric Wallace, appeals the trial court's denial of his petition for post-conviction relief. The issues presented for review are (1) whether the petitioner received effective assistance of counsel; (2) whether the petitioner was denied the right to a speedy trial; and (3) whether the state used improper impeachment evidence. Because the evidence does not preponderate against the findings of the trial court, the order denying post-conviction relief is affirmed.
Authoring Judge: Presiding Judge Gary R. Wade
Originating Judge:Judge W. Otis Higgs, Jr. |
Shelby County | Court of Criminal Appeals | 02/19/02 | |
| Trent Marcus vs. Lorraine Marcus
W2001-00906-COA-R3-CV
This case involves a petition to enroll a foreign judgment. The parties were married in Tennessee and later moved to North Carolina. While living in North Carolina, the parties separated and the husband filed for divorce in North Carolina. The wife filed a counterclaim for divorce in North Carolina, seeking permanent and pendente lite alimony. The North Carolina court ordered the husband to pay pendente lite alimony. While the North Carolina proceedings were pending, husband moved to Arkansas and obtained a divorce in Arkansas. In light of the Arkansas divorce, the wife filed a voluntary dismissal of her North Carolina counterclaim. The husband then filed a motion in North Carolina under a North Carolina statute, seeking reimbursement of the pendente lite alimony he had paid to the wife. The North Carolina court entered a judgment ordering the wife to reimburse the husband for the alimony payments. The wife did not file an appeal in North Carolina. The husband then filed a petition to enroll the North Carolina judgment in Tennessee. The Tennessee trial court enrolled the North Carolina judgment. The wife now appeals. We affirm, finding that the North Carolina court had subject matter jurisdiction under its statutes to enter the judgment and that the North Carolina judgment was not contrary to Tennessee public policy.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 02/19/02 | |
| State of Tennessee v. Kathryn Lee Adler
W2001-00951-CCA-R3-CD
The Fayette County Grand Jury returned an indictment against the defendant alleging one count of aggravated child neglect and a second count of aggravated child abuse. A jury convicted the defendant of the indicted charge of aggravated child neglect and the lesser-included offense of felony child abuse. The trial court sentenced the defendant to concurrent sentences of twenty years and two years, respectively. In this appeal, the defendant alleges (1) the evidence is insufficient to support the conviction for aggravated child neglect; (2) the applicable child abuse/neglect statutes are unconstitutionally vague and overbroad; (3) the trial court erred by refusing to charge reckless endangerment as a lesser-included offense of aggravated child neglect; and (4) the defendant's sentence is excessive. After a thorough review of the record, we find no reversible error and affirm the judgment of the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Jon Kerry Blackwood |
Fayette County | Court of Criminal Appeals | 02/19/02 | |
| Alan Miller v. City of Murfreesboro
M2001-01478-COA-R9-CV
In this retaliatory demotion case, the City of Murfreesboro appeals the action of the trial court in denying a Motion for Summary Judgment as to all issues. We find no material evidence in the record to establish that the articulated reason for the demotion of these three police officers, all of whom are established by the record to be honest and competent officers, is pretextual. The judgment of the trial court is reversed, and summary judgment entered for Defendant as to all issues.
Authoring Judge: Judge William B. Cain
Originating Judge:John W. Rollins |
Rutherford County | Court of Appeals | 02/19/02 | |
| Margaret Parker vs. Kroger Co.
W2001-01977-COA-R3-CV
Plaintiff, a Tennessee resident, slipped and fell in a Kroger store in Texas. Plaintiff sued defendant in Shelby County Circuit Court, and the parties agreed that Texas law was applicable. The trial court granted summary judgment for defendant, and plaintiff appeals. We reverse and remand.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:James F. Russell |
Shelby County | Court of Appeals | 02/19/02 | |
| Anne Pope v. Leuty & Heath
M2001-00736-COA-R3-CV
The receivers of a group of insolvent life insurance companies brought a malpractice action against an accounting firm that had performed allegedly negligent audits of the companies. The accounting firm denied any negligence, and filed a third party complaint against its professional liability insurer, requesting payment of benefits under an expired policy. The trial court dismissed the third-party complaint, ruling that the insurance policy was a claims-made policy and that the insurer was no longer obligated to its former insured. The court certified its order as final for purposes of appeal. We have concluded that the trial court was correct, and we affirm its order.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 02/19/02 | |
| Dept. of Children Serv. vs. Davina Frazier
W2001-01935-COA-R3-JV
Minor child was removed from mother's custody because mother neglected to provide child with proper medical care and treatment. Mother entered into a permanency plan and child was temporarily placed with a family member. The trial court terminated mother's parental rights to the child, finding clear and convincing evidence that: (1) mother had not substantially complied with the conditions of the permanency plan; (2) there was little likelihood that the conditions leading to child's removal would be remedied in the near future, and that the continuation of the parent-child relationship would greatly diminish the child's chances of early integration into a safe, stable and permanent home. Mother has appealed. We affirm
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Christy R. Little |
Madison County | Court of Appeals | 02/19/02 | |
| Kenneth R. Griffin v. State of Tennessee
E2001-01932-CCA-R3-PC
Petitioner, Kenneth R. Griffin, appeals from the trial court's summary dismissal of his petition for post-conviction relief. Pursuant to Tennessee Code Annotated section 40-30-206, the trial court entered an order dismissing the petition without an evidentiary hearing. In its order, the trial court made a finding of fact that the petition contained no verification of any facts under oath. Since the petition was devoid of verified facts upon which the trial court could grant relief, it concluded that a dismissal was required. On appeal, the State agrees with Petitioner that the trial court's judgment should be reversed. After a thorough review of the record, we reverse the judgment of the trial court and remand this case for further proceedings.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge Lynn W. Brown |
Washington County | Court of Criminal Appeals | 02/19/02 | |
| Margaret Parker v. The Kroger Company
W2002-02279-COA-RM-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:James F. Russell |
Shelby County | Court of Appeals | 02/19/02 | |
| Dennis Osagie v. Peakload Temporary Services
M2001-00852-COA-R3-CV
An employee of a temporary services agency sued the agency for non-payment of wages and for discrimination. The trial court dismissed the claim for non-payment with prejudice, and the claim for discrimination without prejudice. We affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Hamilton V. Gayden, Jr. |
Davidson County | Court of Appeals | 02/19/02 |