APPELLATE COURT OPINIONS

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Kevin Curtis v. Grundy Co. Sheriff's Dept., et al .

01S01-9607-CH-00131
Authoring Judge: William S. Russell, Retired Judge
Originating Judge:Hon.
Grundy County Workers Compensation Panel 06/24/98
Charles D. Price vs. State

01C01-9702-CR-00042
Davidson County Court of Criminal Appeals 06/24/98
Stone vs. Stone

M1997-00218-COA-R3-CV
This appeal involves a former spouse's efforts to extricate himself from the spousal support obligations contained in a marital dissolution agreement. Approximately one year after the entry of the divorce decree approving the agreement, the former husband requested the Chancery Court for Putnam County to set the agreement aside because he did not have independent legal advice and his judgment was impaired by antidepressant medication when he signed the agreement. The trial court modified portions of the decree but did not relieve the former husband of his spousal support obligation. Thereafter, the former husband filed a second motion seeking to terminate or reduce his spousal support obligations because of his former wife's improved financial circumstances. The trial court again declined to relieve the former husband of his obligation to pay spousal support. On this appeal, the former husband renews his argument that he should no longer be required pay spousal support because of his former wife's improved financial circumstance and his own weakened financial condition. We affirm the trial court's decision that the former husband has failed to prove the existence of a substantial, material change in circumstances that would warrant modifying his spousal support obligation.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Vernon Neal
Putnam County Court of Appeals 06/23/98
State vs. Larry Catron

02C01-9710-CC-00376

Originating Judge:Joseph H. Walker, III
Lauderdale County Court of Criminal Appeals 06/23/98
Evans vs. Steelman

01S01-9701-JV-00019
Supreme Court 06/22/98
State of Tennessee vs. Johnny M. Henning

02S01-9707-CC-00065
Supreme Court 06/22/98
Evans vs. Steelman

01S01-9701-JV-00019
Supreme Court 06/22/98
Alexander, et. al. vs. Inman

01S01-9705-CH-00103
Davidson County Supreme Court 06/22/98
State vs. Owen

03C01-9707-CC-00271

Originating Judge:D. Kelly Thomas, Jr.
Blount County Court of Criminal Appeals 06/22/98
Billie J. Metcalfe, et al vs. Larry J. Waters, et al

02S01-9704-CV-00027
Supreme Court 06/22/98
Albert Gregurek v. Swope Motors

M2002-02854-COA-R3-CV
This case involves an interlocutory appeal from the trial court's denial of the Defendant's Motion to Dismiss on grounds of lack of personal jurisdiction and/or Motion for Summary Judgment. We reverse.

Originating Judge:J. Curtis Smith
Marion County Court of Appeals 06/22/98
Tennessee Farmers Mutual Ins. Co. vs. Joseph Farmer & Debra Farmer

03S01-9707-CH-00081
Supreme Court 06/22/98
State vs. Sarah Richardson

02C01-9707-CC-00271

Originating Judge:Jon Kerry Blackwood
Lauderdale County Court of Criminal Appeals 06/22/98
Simmons, M.D. vs. Johnson

01A01-9709-CH-00495

Originating Judge:Carol L. Mccoy
Davidson County Court of Appeals 06/19/98
01A01-9709-CH-00496

01A01-9709-CH-00496

Originating Judge:Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 06/19/98
01A01-9606-CV-00260

01A01-9606-CV-00260

Originating Judge:Henry Denmark Bell
Williamson County Court of Appeals 06/19/98
State of Tennessee v. Robert Alan Smith

01C01-9705-CC-00186
Authoring Judge: Judge William M. Barker
Originating Judge:Judge John H. Gasaway, III
Montgomery County Court of Criminal Appeals 06/19/98
Lyle vs. Michaelson Asset Management

01A01-9710-CV-00549

Originating Judge:Walter C. Kurtz
Davidson County Court of Appeals 06/19/98
State vs. Sidney Ewing

01C01-9612-CR-00531

Originating Judge:Seth W. Norman
Davidson County Court of Criminal Appeals 06/19/98
State vs. Ohmar Braden

01C01-9706-CR-00206

Originating Judge:J. Randall Wyatt, Jr.
Davidson County Court of Criminal Appeals 06/19/98
Kinney vs. Hale

01A01-9709-CV-00465

Originating Judge:Charles D. Haston, Sr.
Warren County Court of Appeals 06/19/98
Bobby Lee Powers v. Aetna Casualty

03S01-9707-CH-00085
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. The trial court found plaintiff, Bobby Lee Powers, to be 1% disabled and awarded benefits for a period of 4 weeks pursuant to the provisions of T.C.A. _ 5-6-242. The judgment recited plaintiff was "found to have a 1 percent permanent, partial disability." Defendant insurance carrier, Aetna Casualty & Surety Company, was held liable for 8% of the award and the remaining 2% was allocated to the Second Injury Fund. The insurance carrier has appealed insisting plaintiff was found to be totally disabled and that the award of benefits should be paid until plaintiff becomes 65 years of age pursuant to the provisions of T.C.A. _ 5-6-27(4)(A)(I). This would result in payments being made for 262 weeks since plaintiff reached his maximum medical improvement on July 9, 1996. Aetna also argues the trial court was in error in making the 8% allocation to it as the court failed to take into account a previous award of workers' compensation benefits paid to plaintiff. The Second Injury Fund also contends the award should be computed under T.C.A. _ 5-6-27 rather than the provisions of T.C.A. _ 5-6-242. The state fund insists the allocation of 2% of the award to it was proper since an earlier workers' compensation award paid to the plaintiff was never approved by a court. Plaintiff was injured while working for Charles Blalock & Sons, Inc. on December 1, 1994. He was 58 years old when injured and 6 years of age at the time of trial. He completed the 4th grade and began working at age 13 years. He testified he could not read or write but could change money. His work experience is mostly in the construction industry. On the day of his last injury, he was operating a bulldozer and was backing up when he suddenly struck a large rock. This caused a whiplash injury to his neck and back and the force was strong enough to break the neck rest on the bulldozer. He continued to work with a lot of pain and medication until November, 1995. He has not worked anywhere since this time. Plaintiff has suffered a number of health problems prior to this last work- related injury. In 1966 he injured his back with another employer and was 2
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. Frank V. Williams, III,
Knox County Workers Compensation Panel 06/18/98
State vs. Blankenship

03C01-9709-CC-00395

Originating Judge:D. Kelly Thomas, Jr.
Blount County Court of Criminal Appeals 06/18/98
State vs. Houston

03C01-9706-CR-00221
Greene County Court of Criminal Appeals 06/18/98
Application, The State Relies on Its Response In State v. Paul Dennis Reid, Jr., No. 01C01-

01C01-9805-CR-00237
Davidson County Court of Criminal Appeals 06/18/98