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X2010-0000-XX-X00-XX
Originating Judge:William Charles Lee |
Bedford County | Court of Criminal Appeals | 09/20/00 | |
| Denley Rentals vs. Howard Etheridge
W2000-00189-COA-R3-CV
This case involves the assignability of a chose in action. The plaintiffs are two related limited liability companies and the person who was the owner/manager of both. The owner/manager contracted to purchase real property from the defendants, and later assigned his interest under the contract to one of the limited liability companies. The first limited liability company closed the transaction with the defendants. After the transaction was closed, the first company discovered a landfill located on the property that had not been disclosed by the defendants. The first company then transferred the property to the second limited liability company for de minimis consideration. The owner/manager of both companies made a "mental assignment" of the chose in action from the first company to the second company, and the second company incurred the cost of clearing the landfill debris. The plaintiffs jointly sued the defendants for breach of contract, fraud, and misrepresentation. The trial court dismissed the suit, holding that there was not a valid assignment of the chose in action, that the first company was precluded from recovery because it suffered no damages, and that the second company was precluded from recovery because it took the property with full knowledge of the defect. On appeal, we reverse and remand, finding that the chose in action was validly assigned.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 09/20/00 | |
| Matter of Fannie Barnhill
W2000-00289-COA-R3-CV
Will contestant voluntarily dismissed chancery court proceeding to contest will. Subsequently, contestant filed another notice to contest the will. The trial court, on motion, dismissed the proceeding as barred, because it had previously been dismissed, and such an action is within an exception to Tenn.R.Civ.P. 41.01 (1). Contestant has appealed.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Martha B. Brasfield |
Fayette County | Court of Appeals | 09/20/00 | |
| Jerry Wayne Terry vs. Donna Brazier Terry
E2000-00825-COA-R3-CV
This appeal from the Cumberland County Probate and Family Court concerns whether the Trial Court erred in making an equitable division of the marital estate of Jerry Wayne Terry, the Appellant, and Donna Brazier Terry, the Appellee. We affirm the judgment of the Trial Court and remand for such further proceedings as may be necessary. We adjudge costs of appeal against Mr. Terry and his surety.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Steven C. Douglas |
Cumberland County | Court of Appeals | 09/20/00 | |
| State vs. Anthony Roberts
M1999-00750-CCA-R3-CD
Defendant appeals his conviction by a Davidson County jury of DUI second offense. He raises the following issues for our review: (1) whether the trial court erred in denying his motion to suppress based upon the lack of probable cause to arrest; (2) whether the evidence was sufficient to support the conviction; (3) whether the prosecutor committed misconduct during final argument, and (4) whether records pertaining to his prior DUI conviction were properly admitted. Finding no error, we affirm the judgment of the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Frank G. Clement, Jr. |
Davidson County | Court of Criminal Appeals | 09/20/00 | |
| Anthony Ewing vs. State
M1999-01079-CCA-R3-PC
On February 12, 1998, the petitioner, Anthony Ewing, entered a best interest guilty plea in the Davidson County Criminal Court to one count of attempt to sell over .5 grams of cocaine, a class C felony. The trial court imposed a sentence of six years incarceration in the Davidson County Workhouse. The trial court further ordered this sentence to be served concurrently with sentences the petitioner was already serving. The petitioner filed a post-conviction petition for relief, alleging that he received ineffective assistance of counsel and that his best interest guilty plea was not made knowingly or voluntarily. The post-conviction court denied the petition, finding that the petitioner had received effective assistance of counsel and that the best interest guilty plea had been made knowingly and voluntarily. The petitioner now appeals the denial of his petition for post-conviction relief. Pursuant to a review of the record and the parties' briefs, we affirm the judgment of the post-conviction court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Steve R. Dozier |
Davidson County | Court of Criminal Appeals | 09/20/00 | |
| E1999-01909-R3-CV
E1999-01909-R3-CV
Originating Judge:James B. Scott, Jr. |
Anderson County | Court of Appeals | 09/20/00 | |
| State vs. Kenneth Sisco
M2000-00036-CCA-R3-CD
The Defendant pleaded guilty to the offense of robbery. His plea agreement provided that he would be sentenced as a Range II multiple offender, with the length of the sentence to be determined by the trial judge. Following a sentencing hearing, the judge sentenced him to ten years in the Department of Correction. On appeal, the Defendant argues that the trial judge erred by setting his sentence at ten years. We affirm the judgment of the trial court.
Authoring Judge: Judge David H. Welles
Originating Judge:Steve R. Dozier |
Davidson County | Court of Criminal Appeals | 09/20/00 | |
| Scott Yother vs. Laine Yother
E2000-01046-COA-R3-CV
In this post-divorce case, Elaine Hines Yother ("Mother") appeals from an order awarding primary residential custody of the parties' minor child, Avery Raechelle Yother (DOB: April 2, 1995), to the child's father, Scott Christopher Yother ("Father"). Mother argues (1) that the trial court lacked subject matter jurisdiction to modify the custodial arrangement decreed in the parties' divorce judgment; and, alternatively, (2) that the evidence preponderates against the trial court's judgment changing custody. Because we find that the trial court lacked subject matter jurisdiction to address the issue of custody, we reverse the judgment below.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Jacqueline E. Schulten |
Hamilton County | Court of Appeals | 09/20/00 | |
| State vs. ThomasLawrence and Joseph Hatton
M2000-00493-CCA-R3-CD
The appellant, Thomas Lawrence, was convicted by a jury in the Marshall County Criminal Court of one count of possession of cocaine with intent to sell, a class C felony, and one count of possession of drug paraphernalia, a class A misdemeanor. The trial court sentenced Lawrence, as a Range II offender, to eight years incarceration in the Tennessee Department of Correction for the possession of crack cocaine conviction and assessed a $2000 fine. The trial court further sentenced Lawrence to eleven months incarceration in the Marshall County Jail for the possession of drug paraphernalia conviction. The trial court ordered Lawrence to serve these sentences concurrently. The appellant, Joseph Hatton, was convicted by a jury in the Marshall County Criminal Court of two counts of selling crack cocaine, a class C felony, one count of possession of crack cocaine with the intent to sell, a class C felony, and one count of possession of drug paraphernalia, a class A misdemeanor. The trial court sentenced Hatton, as a Range I offender, to four years incarceration in the Tennessee Department of Correction for each sale of crack cocaine conviction and four years incarceration for the possession of crack cocaine with the intent to sell conviction. The court assessed a total of $4250 in fines. The trial court further ordered Hatton to serve his sentences for selling crack cocaine concurrently with each other but consecutive to the sentence for possession of crack cocaine with the intent to sell.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:W. Charles Lee |
Marshall County | Court of Criminal Appeals | 09/20/00 | |
| Cunningham vs. Cunningham
W1999-02054-COA-R3-CV
This appeal involves a divorce after seven years of marriage. The trial court granted the wife a divorce, divided the property, awarded the wife rehabilitative alimony and alimony in solido, awarded child support for the parties' minor child, established an educational trust fund, and ordered the husband to maintain life insurance for so long as he is obligated to pay child support. On appeal, husband takes issue with all of the above and also raises the constitutionality of the child support guidelines. In addition, wife takes issue with the failure of the trial court to award her litigation expenses. We have determined that the trial court's judgment should be affirmed in part, reversed in part and remanded.
Authoring Judge: Judge David R. Farmer
Originating Judge:Joe C. Morris |
Madison County | Court of Appeals | 09/20/00 | |
| The Pointe vs. Lake Mgmt.
W2000-00211-COA-R3-CV
This appeal arises from a declaratory judgment action to determine rights in a privately-owned lake. Plaintiffs purchased land adjacent to the artificially-created lake for the purpose of developing residential lots. Subsequent to the sale of the property, Plaintiffs' grantor conveyed title to the lake to Defendant. Defendant claims it has the right to control use of the lake and that Plaintiffs have no right to lake access without Defendant's permission. The trial court granted Defendant's motion for summary judgment on the grounds that: (1) the lake is unnavigable, and no riparian rights can therefore flow to adjoining landowners; (2) the Defendant, as owner of the land subjacent to the lake, has a right to the unimpeded use and control of the property; and (3) any use of the lake by the adjoining property owners without Defendant's consent would constitute a trespass. Plaintiffs appeal.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Walter L. Evans |
Shelby County | Court of Appeals | 09/20/00 | |
| State of Tennessee v. Michael Brady
II-798-239-A
Originating Judge:Timothy L. Easter |
Williamson County | Court of Criminal Appeals | 09/20/00 | |
| Antonia Regina Rose v. Emerson Motor Company
W1999-02705-SC-WCM-CV
This is an appeal by the defendant/employer. The only issue presented is whether the evidence preponderates against the trial court's award of 35% permanent partial disability to each of the plaintiff's arms. We find it does not and affirm the judgment of the trial court.
Authoring Judge: J. Steven Stafford, Special Judge
Originating Judge:George R. Ellis, Chancellor |
Gibson County | Workers Compensation Panel | 09/20/00 | |
| State vs. Kenneth Ray Jarman
M1999-01382-CCA-R3-CD
The appellant, Kenneth Ray Jarman, pled guilty in the Montgomery County Criminal Court to one count of driving under the influence (hereinafter "DUI"), fourth offense or over, a class E felony; one count of driving on a revoked license, sixth offense, a class A misdemeanor; and one count of violating the open container law, a class C misdemeanor. The trial court sentenced the appellant to two years incarceration in the Tennessee Department of Correction for the DUI conviction, and imposed a $3000 fine. The trial court also sentenced the appellant to eleven months and twenty-nine days incarceration in the Montgomery County Jail for the driving on a revoked license conviction, and imposed a $350 fine. The trial court further sentenced the appellant to thirty days incarceration in the Montgomery County Jail for the violation of the open container law. Additionally, the trial court ordered the appellant's sentences to be served concurrently. The appellant raises the following issues for review: (1) whether the enhancing factors applied by the trial court were inapplicable to this case; and (2) whether the trial court erred in sentencing the appellant to serve the full term of his two-year sentence in the Tennessee Department of Correction. Upon review of the record and the parties' briefs, we affirm in part and modify the judgment of the trial court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:John H. Gasaway, III |
Montgomery County | Court of Criminal Appeals | 09/20/00 | |
| Edward F. Curtis vs. Stephen T. Nash, et al
E1999-01135-COA-R3-CV
This appeal arises in the Knox County Circuit Court from a grant of a motion for summary judgment. Edward F. Curtis appeals the grant of summary judgment. We affirm the judgment of the Trial Court and remand for such further proceedings as may be necessary consistent with this opinion. We adjudge costs of appeal against Mr. Curtis and his surety.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 09/20/00 | |
| In Re: Paul's Bonding Company, Inc.
M1999-02528-CCA-R3-CD
The appellant, Paul's Bonding Company, Inc., appeals the judgments of the Davidson County Criminal Court ordering complete forfeiture of bail bonds in the cases of criminal defendants Carlos Ramon Ruiz and Castulo Morales Vasquez and partial forfeiture of the bail bond in the case of criminal defendant Reyes Castro. Following a review of the record and the parties' briefs, we affirm the judgments of the trial court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 09/20/00 | |
| State of Tennessee v. Beverly K. Meeks
M2000-00435-CCA-MR3-CD
Authoring Judge: Judge David H. Welles
Originating Judge:W. Charles Lee |
Marshall County | Court of Criminal Appeals | 09/20/00 | |
| State vs. Melissa Stearns
M1999-1826-CCA-R3-CD
The appellant, Melissa Ann Stearns, pled guilty in the Williamson County Circuit Court to one (1) count of reckless endangerment, a Class E felony, and one (1) count of evading arrest, a Class E felony. The trial court sentenced the appellant as a Range I offender to concurrent terms of two (2) years for each offense, suspended after service of thirty (30) days in the Williamson County Jail. On appeal, the appellant contends that the trial court erred in ordering her to serve thirty (30) days in jail. After thoroughly reviewing the record before this Court, we hold that, due to the seriousness of the offenses committed by the appellant, the trial court did not err in denying full probation. Therefore, the judgment of the trial court is affirmed.
Originating Judge:Timothy L. Easter |
Williamson County | Court of Criminal Appeals | 09/20/00 | |
| Kenneth L. Storey vs. David J. Poss
E1999-00192-COA-R3-CV
Plaintiff/Appellant is an inmate at West Tennessee High Security Prison in Hennig, Tennessee, pursuant to a conviction for aggravated rape. Defendant, a Tennessee attorney, was appointed by the General Sessions Court to represent Plaintiff at a preliminary hearing on that charge. After that hearing, Plaintiff was bound over to the grand jury for trial. Plaintiff asked the Criminal Court to dismiss Defendant as his counsel and to appoint another attorney. The Criminal Court granted Plaintiff's request and appointed new counsel on April 18, 1996. On August 29, 1997, Plaintiff filed this legal malpractice action against Defendant in Chancery Court asking for damages of $730,000. Defendant filed a Motion for Summary Judgment asserting that there are no genuine issues of material fact and that the one-year statute of limitations for attorney malpractice claims bars Plaintiff's claim. The Chancellor granted Defendant's Motion for Summary Judgment and dismissed Plaintiff's Complaint. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Daryl R. Fansler |
Knox County | Court of Appeals | 09/20/00 | |
| State vs. Peter George Crehan
M1999-02542-CCA-R3-CD
The defendant was convicted by a Robertson County jury of driving under the influence ("DUI"), third offense, and reckless driving. Defendant claims on appeal that the trial court erred by (1) sustaining his conviction for DUI, third offense, despite the indictment's failure to allege the specific court in Davidson County where he received his two prior DUI convictions; and (2) the evidence was insufficient to sustain his conviction for reckless driving. After a through review of the record, we affirm the judgment of the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Robert W. Wedemeyer |
Robertson County | Court of Criminal Appeals | 09/20/00 | |
| Ernestyne M. Webb v. Shoe City, Inc.,
W1998-00741-WC-R3-CV
This case involves a back injury sustained in 1995 by Ernestyne M. Webb, an employee of Shoe City, Incorporated. The employee brought suit against the employer and its insurer, The Traveler's Insurance Company. The trial court found that the employee had sustained a herniated disk at the L-4 level of her spine and suffered a 15 percent anatomical impairment rating as a result. The court awarded benefits based upon 67.5 percent disability to the body as a whole. The court also found that the employee was not returned to work and declined to apply the two and one-half (2.5) times cap in Tennessee Code Annotated _ 50-6-241(a). The defendants have presented the following issues on appeal: (1) whether the evidence preponderates against the trial court's finding that the plaintiff was not returned to work as required by Tennessee Code Annotated _ 50-6-241(a); and (2) whether the evidence preponderates against the court's finding that the plaintiff suffered a 15 percent anatomical impairment to the body as a whole. We find that we must affirm the trial court's judgment as modified.
Authoring Judge: F. Lloyd Tatum, Senior Judge
Originating Judge:Karen R. Williams, Judge |
Shelby County | Workers Compensation Panel | 09/20/00 | |
| State vs. James D. Brazelton
M1999-02477-CCA-R3-CD
The appellant, James D. Brazelton, was convicted by a jury in the Davidson County Criminal Court of one count of possession of marijuana, over 10 pounds but less than 70 pounds, with the intent to deliver, a class D felony. The trial court sentenced the appellant, as a Range II offender, to seven years incarceration in the Tennessee Department of Correction. The appellant raises the following issues for our review: (1) whether the jury's verdict was supported by the evidence; and (2) whether the sentence imposed by the trial court was excessive. 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:Cheryl A. Blackburn |
Davidson County | Court of Criminal Appeals | 09/20/00 | |
| State vs. Lori A. Little
M1999-0858-CCA-R3-CD
The Defendant, Lori A. Little, was convicted of two counts of forgery, both Class E felonies. In this appeal as of right, she argues (1) that the trial court improperly denied her the court's subpoena power prior to trial; (2) that the evidence was insufficient to support her convictions; (3) that the trial court improperly instructed the jury regarding NationsBank's obligations under the Uniform Commercial Code to reimburse customers for forgeries paid out of customers' accounts; (4) that the trial court improperly limited cross-examination of a prosecution witness regarding his bias; (5) that the jury was improperly tainted or biased by contact between a witness and a juror who were acquaintances; and (6) that the trial court intimidated the Defendant in a jury-out hearing during her direct examination at trial. We find no reversible error; thus, we affirm the judgment of the trial court.
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Criminal Appeals | 09/19/00 | |
| Trau-Med vs. Allstate
W1999-01524-COA-R3-CV
Plaintiff medical clinic filed a complaint against an insurance company and several of its employees alleging, inter alia, that the defendants tortiously interfered with their business relationship, that the attorneys supplied by the insurance company to represent its insured were guilty of abuse of process and that the defendants conspired to destroy plaintiff's reputation in business. The trial court dismissed the complaint for failure to state a claim upon which relief can be granted. Plaintiff has appealed.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Robert L. Childers |
Shelby County | Court of Appeals | 09/19/00 |