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| Ricky McElhaney vs. State
01C01-9806-CR-00247
Originating Judge:Seth W. Norman |
Davidson County | Court of Criminal Appeals | 04/16/99 | |
| State vs. Melissa Roberts
01C01-9806-CR-00238
|
Sumner County | Court of Criminal Appeals | 04/16/99 | |
| Vanderbilt University vs. Pamela Henderson
M1998-00929-COA-R3-CV
This appeal involves a dispute between Vanderbilt University and one of its graduates arising out of two student loans. After the former student stopped repaying the loans, Vanderbilt University filed suit in the Davidson County General Sessions Court seeking to recover the principal and interest due, collection costs, and attorney's fees. The general sessions court awarded Vanderbilt University a $9,056.43 judgment. The former student perfected a de novo appeal to the Circuit Court for Davidson County. Following a bench trial, the trial court awarded Vanderbilt University a $5,051.56 judgment and established an installment payment plan for the judgment. The former student asserts on this appeal that Vanderbilt University was not entitled to a judgment against her because of its failure to comply with the Fair Debt Collection Practices Act and the requirements of the federal student loan program and because she has fully repaid her loans. We have concluded that the record supports the trial court's decision and, therefore, affirm the judgment.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Thomas W. Brothers |
Davidson County | Court of Appeals | 04/16/99 | |
| Bowman vs. Midstate Finance Co.
01A01-9808-CH-00424
Originating Judge:W. Charles Lee |
Bedford County | Court of Appeals | 04/16/99 | |
| Burns vs. Burns
03A01-9806-CH-00190
|
Bradley County | Court of Appeals | 04/16/99 | |
| Carlos L. Acevedo vs. State
01C01-9711-CR-00541
|
Davidson County | Court of Criminal Appeals | 04/16/99 | |
| Dan Wilson v. Lawrence Rubin
M1998-00959-COA-R3-CV
This appeal involves the termination of an employee by a music publishing company after one of its songwriters complained that the employee had stalked and harassed her. The employee filed suit in the Chancery Court for Davidson County alleging gender and age discrimination in violation of the Tennessee Human Rights Act. The publishing company moved for a summary judgment asserting that it had a valid non-discriminatory ground for terminating the employee. The employee responded that the proffered non-discriminatory ground was pretextual. The trial court granted the summary judgment and dismissed the employee's complaint. On this appeal, the employee asserts that genuine material factual disputes regarding the publishing company's non-discriminatory reasons for terminating him should have prevented the trial court from granting the summary judgment. We agree and, therefore, vacate the order dismissing the employee's complaint.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 04/16/99 | |
| Nicely vs. John Doe
03A01-9810-CV-00322
|
Campbell County | Court of Appeals | 04/16/99 | |
| State vs. Paul & Galvin
03A01-9807-CV-00233
|
Carter County | Court of Appeals | 04/16/99 | |
| O3A01-9810-CV-00355
O3A01-9810-CV-00355
|
Jefferson County | Court of Appeals | 04/16/99 | |
| Lee vs. Strickland
03A01-9806-CH-00195
|
Monroe County | Court of Appeals | 04/16/99 | |
| Beason vs. Beason
03A01-9809-CV-00314
|
Knox County | Court of Appeals | 04/16/99 | |
| Clark vs. Clark
03A01-9807-CH-00224
|
Knox County | Court of Appeals | 04/16/99 | |
| Kennedy vs. Holder et al
01A01-9805-CV-00242
Originating Judge:Buddy D. Perry |
Franklin County | Court of Appeals | 04/16/99 | |
| Cochran vs. Lowe
03A01-9809-CV-00292
|
Court of Appeals | 04/16/99 | ||
| State vs. Michael Elvis Green
W2001-00455-CCA-R3-CD
A Hardeman County jury found the defendant guilty of rape. Four issues are raised on appeal: (1) whether there was sufficient evidence to support the conviction; (2) whether the trial court erred in denying the defendant a continuance; (3) whether evidence of the defendant's escape from jail was improperly admitted; and (4) whether the trial court should have charged the jury as to sexual battery, statutory rape, and Class B misdemeanor assault as lesser-included offenses of rape. We affirm the judgment of the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Jon Kerry Blackwood |
Hardeman County | Court of Criminal Appeals | 04/15/99 | |
| Julia Leach Bryan vs. James Leach
M1998-00922-COA-R3-CV
This case involves post-divorce disputes over alimony and child support and issues of contempt of court. The father commenced this appeal after the trial court declined to modify or terminate his alimony obligation and awarded the mother more than $50,000 in child support arrearages and, later, found the father in contempt of court and ordered him to pay a fine of $100 per day until all judgments were paid to the mother. On appeal, the father argues that his alimony obligation should have terminated or decreased, that a portion of his child support payments should be placed in trust for the benefit of the children, and that the trial court erred by fining him for contempt. We affirm the trial court's orders but modify the fine imposed upon the father.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Jim T. Hamilton |
Maury County | Court of Appeals | 04/15/99 | |
| Dpt. Human Services vs. Whaley
03A01-9809-JV-00272
|
Court of Appeals | 04/15/99 | ||
| State vs. Donald Tallie
02C01-9807-CC-00229
Originating Judge:C. Creed Mcginley |
Carroll County | Court of Criminal Appeals | 04/15/99 | |
| Julia Leach Bryan vs. James Leach
M1998-00922-COA-R3-CV
This case involves post-divorce disputes over alimony and child support and issues of contempt of court. The father commenced this appeal after the trial court declined to modify or terminate his alimony obligation and awarded the mother more than $50,000 in child support arrearages and, later, found the father in contempt of court and ordered him to pay a fine of $100 per day until all judgments were paid to the mother. On appeal, the father argues that his alimony obligation should have terminated or decreased, that a portion of his child support payments should be placed in trust for the benefit of the children, and that the trial court erred by fining him for contempt. We affirm the trial court's orders but modify the fine imposed upon the father.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Jim T. Hamilton |
Maury County | Court of Appeals | 04/15/99 | |
| State vs. Ronald Ward
02C01-9806-CC-00173
Originating Judge:Julian P. Guinn |
Henry County | Court of Criminal Appeals | 04/15/99 | |
| Neas vs. Kerns
03A01-9812-CH-00386
|
Washington County | Court of Appeals | 04/15/99 | |
| Billy Steagall vs. Nancy Steagall
M1998-00948-COA-R3-CV
This appeal involves a post-divorce dispute regarding the custody a 15-year-old boy. In August 1997, the boy's father petitioned the Chancery Court for Marshall County to change the minor's custody because of his concern that the mother's attempt to home school the boy had undermined his education and development of social skills. The mother opposed the petition and requested an increase in child support. During the June 1998 trial, the father presented evidence raising serious questions about the progress of the child's education and development of social skills, as well as other aspects of the mother's approach to parenting. The mother presented no evidence of her own. Instead, after the close of the father's proof, she asserted that the trial court could remediate the acknowledged deficiencies without changing custody. Thereafter, the parties and the court discussed at length the provisions of a proposed remedial order, and the hearing was adjourned when the parties and the court believed they had agreed on the contents of the proposed order. Before the trial court entered the proposed order, the wife took issue with a provision requiring her to enroll the child in public school. The trial court informed the parties that it had understood that both parties had agreed to send their child to public school and that it would resume the trial if its understanding was incorrect. Rather than requesting the trial court to resume the hearing, the mother filed this appeal claiming that the trial court had infringed on her constitutionally protected right to raise her child. We have determined, in accordance with Tenn. R. App. P. 36(a), that the mother is not entitled to appellate relief because she is, in part, responsible for the error and because she failed to pursue the reasonably available steps that would have nullified the harmful effect of the error. Accordingly, we affirm the judgment.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Lee Russell |
Marshall County | Court of Appeals | 04/15/99 | |
| Patricia Anne Pehlman v. Gregory Lawrence Pehlman and Sobieski and Associates
3A01-9809-CV-00311
In this action Patricia Anne Pehlman essentially seeks a declaration that marital property awarded to her in a divorce is not subject to a lien in favor of the intervenor.
Authoring Judge: Judge Herschel Pickens Franks
Originating Judge:Judge Bill Swann |
Knox County | Court of Appeals | 04/15/99 | |
| Janice Hillyer vs. Charles Hillyer
M1998-00942-COA-R3-CV
The issues in this post-divorce case arise because the former husband's waiver of military retirement pay in order to receive disability benefits cut off the former wife's receipt of her portion of the retirement pay which had been awarded to her in the distribution of marital property. The former wife filed a contempt petition, seeking to reinstate her portion of the benefits. The trial court, relying on Gilliland v. Stanley, an unpublished opinion from this court, denied her motion for contempt. In light of our Supreme Court's holding in Johnson v. Johnson, No. W1999-01232-SC-R11-CV, 2001 WL 173502 (Tenn. Feb. 23, 2001), we reverse and remand.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:James E. Walton |
Montgomery County | Court of Appeals | 04/15/99 |