APPELLATE COURT OPINIONS

In this action based on a contract, the Trial Court granted plaintiff summary judgment and ultimately certified the judgment as final, pursuant to Tenn. R. Civ. P. 54.02. Defendant had filed a counterclaim against plaintiff based on the same contracts that was the basis of plaintiff's summary judgment. Defendant has appealed, insisting the Trial Court abused its discretion in certifying the judgment as final. We hold the Trial Court abused its discretion in certifying the judgment as final and dismiss the appeal.

Plaintiff employer confronted with a worker's compensation claim by its employee filed an action for declaratory judgment, injunction relief, and a petition for certiorari against the Tennessee Department of Labor and Workforce Development and the employee. Plaintiff's principal contention was that the Department of Labor prepared an order for medical benefits directing the employer to provide the employee with additional panels of physicians from which he could choose for treatment, and concluded by averring that it was threatened with a $10,000 penalty if it did not comply. The Trial Court initially issued a restraining order, but the Trial Court ultimately concluded that it did not have jurisdiction over the issues because suit had been filed before the administrative review process was exhausted. Plaintiff appealed and we affirm the Judgment of the Trial Court, and remand.

Builder was hired to construct a commercial building, and it purchased the concrete for the building’s concrete slab from Supplier. The concrete slab developed major cracks, which led to this lawsuit between Builder and Supplier. After a two-day bench trial, the trial court found that Supplier had delivered defective concrete, and it entered judgment in favor of
Builder for $60,000. We affirm.

The employee, a registered nurse, injured her neck and lower back when she slipped and fell in a pool of water. She had surgical fusions of the cervical and lumbar spine. She continued to have serious symptoms for which she received numerous medications. Her treating physician testified that she was incapable of performing any nursing functions, including those that required only sedentary work. The trial court found her to be permanently and totally disabled. Her employer has appealed, contending that the evidence preponderates against the trial court’s finding on disability and that the employee should be held to have been offered a meaningful return to work. We affirm the judgment of the trial court.

The Petitioner, Tony Scott Walker, appeals the Circuit Court of Gibson County’s dismissal of his pro se petition for writ of habeas corpus. The State has filed a motion requesting that this Court affirm the trial court’s judgment pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Following our review, we grant the State’s motion and affirm the judgment of the trial court.

A Blount County jury convicted the Defendant of theft of properly valued between $1,000 and $10,000, and the trial court sentenced him to three years on supervised probation. The Defendant’s probation officer filed a probation violation warrant, alleging that the Defendant had violated his probation by, among other things, committing new offenses. The trial court agreed and ordered him to serve 90 days in jail and then return to probation. The Defendant then pled guilty to forgery and identity theft and, pursuant to a plea agreement, was sentenced to probation. The Defendant’s probation officer then filed another probation violation warrant alleging that the Defendant had violated his probation in both cases by, among other things, committing theft. Following a hearing, the trial court revoked the Defendant’s probation and ordered him to serve his sentences in confinement. On appeal, the Defendant contends the trial court erred when it ordered him to serve his sentences in confinement. After reviewing the record, we affirm the trial court’s judgment.

The State of Tennessee appeals as of right the Warren County Circuit Court’s dismissal of three counts of an indictment charging the defendant, Angela M. Merriman, with driving under the influence (DUI), second offense; felony reckless endangerment; and reckless driving. Following our review of a destruction of evidence issue under an abuse of discretion rather than a de novo standard, we affirm the judgment of the trial court.
 

In 2006, the Defendant, Jamaal M. Mayes, pled guilty to one count of attempted second degree murder and one count of especially aggravated robbery, and the trial court entered the agreed upon sentence of fifteen years in the Tennessee Department of Correction, to be served as a multiple offender. In 2011, the Defendant filed a pro se “motion; application to void the judgment.” The trial court denied the motion, finding that it lacked jurisdiction. On appeal, the Defendant contends that the trial court erred when it denied his motion. After a thorough review of the record and applicable authorities, we affirm the trial court’s judgment.

A Polk County jury convicted the Defendant, Grover L. Parks, of theft of property valued over $10,000 and less than $60,000, and the trial court sentenced him to five years in the Tennessee Department of Correction. On appeal, the Defendant contends: (1) the evidence is insufficient to sustain his conviction; and (2) the trial court erred when it failed to disqualify the special prosecutor from prosecuting the case. After a thorough review of the record and applicable authorities, we conclude there exists no error. We, therefore, affirm the trial court’s judgment.

This appeal arises out of dependency and neglect proceedings regarding three minor children.  The circuit court found all three children dependent and neglected, and it found the youngest child had been severely abused. We affirm

A Shelby County Criminal Court Jury convicted each of the appellants, Charles Jackson and Willis Holloway, of two counts of aggravated robbery, a Class B felony; two counts of aggravated kidnapping, a Class B felony; and one count of aggravated burglary, a Class C felony. After a sentencing hearing, they received effective forty-four-year sentences. On appeal, the appellants contend that (1) the trial court erred by refusing to allow them to cross-examine a co-defendant about her engaging in prostitution before the crimes; (2) the trial court erred by admitting the co-defendant’s complete written statement into evidence; (3) the trial court erred by giving each juror a copy of the statement; (4) the trial court erred by failing to redact the statement; and (5) the evidence is insufficient to support the convictions. Based upon the oral arguments, the record, and the parties’ briefs, we conclude that the trial court erred by admitting the co-defendant’s complete statement into evidence but that the error was harmless. Therefore, the appellants’ convictions are affirmed.

The employee, a truck driver, was injured in the course and scope of his employment when his vehicle left the road and turned over. His employer denied his claim for workers’ compensation benefits, contending that the accident and resulting injuries were the direct result of the employee’s willful violation of the employer’s safetyrules. The trialcourt found that the employee had willfully and intentionally disregarded the safety rules and entered judgment for the employer. On appeal,the employee contends that the trial court erred because the evidence did not establish the perverseness of his conduct, a necessary element of the misconduct affirmative defense. We affirm the judgment.

A Madison County jury convicted the Defendant, LeDarren S. Hawkins, of first degree murder and tampering with evidence, and the trial court sentenced him to serve an effective life sentence in the Tennessee Department of Correction. On appeal, the Defendant contends that the evidence is insufficient to support his convictions and that the trial court refused to instruct the jury regarding the defense of a third person as an affirmative defense. After a thorough review of the record and the applicable law, we affirm the trial court’s judgments.

The appellant insurance company asserts on appeal that the employee failed to prove that his spinal infection was causally related to any work-place injury and that he also failed to provide the employer with timely notice of his injury. Based upon our review of the record, we conclude that the expert medical proof establishes causation and that the evidence supports the trial court’s finding that the employee gave timely notice of his injury. We affirm the judgment of the trial court.

A Shelby County Criminal Court jury found the appellant, Myron McNeal, guilty of attempted second degree murder and employing a firearm during a felony. For the convictions, the trial court imposed a total effective sentence of thirty-eight years. On appeal, the appellant challenges the sufficiency of the evidence supporting his convictions and the sentences imposed by the trial court. Upon review, we affirm the judgments of the trial court.

This is a medical malpractice appeal. The plaintiff patient was treated by the defendant  physician for ear problems. After the treatment, she had a complete loss of hearing in one ear. The plaintiff patient filed this lawsuit against the physician, alleging medical malpractice and lack of informed consent. After potential experts in Tennessee and contiguous states declined to testify against the defendant physician, the trial court permitted the plaintiff to use an expert physician witness from a non-contiguous state. At the jury trial, after the jury was sworn and counsel gave opening statements, a juror notified the trial judge of the her concern about an upcoming social event she planned to attend, at which a relative of the defendant physician would be present. After voir dire, the trial judge noted that the plaintiff patient had unused remaining peremptory challenges and excused the juror. The trial court denied the defendant physician’s motion for directed verdict on informed consent. The jury awarded the plaintiff substantial compensatory damages. The defendant physician now appeals, arguing that the trial court erred in permitting the plaintiff to obtain an expert from a non-contiguous state, in allowing the plaintiff to exercise a peremptory challenge after trial was underway, in permitting the informed consent claim to go to the jury, and in denying the defendants’ motion to exclude the expert retained by the plaintiff. We affirm on all issues except the dismissal of the juror. We hold it would be error to permit the exercise of a peremptory challenge after the trial is underway, but find that any error was harmless under the facts of this case. Therefore, we affirm.

The Defendant pled guilty to two counts of rape of a child and reserved the following certified question: “Whether the Trial Court erred in failing to grant the defendant’s Motion to Dismiss alleging the State violated the provisions of the Interstate Agreement on Detainers (T.C.A. 40-31-101 et seq, U.S. Code Title 18-App) and the anti-shuttling provisions therein pursuant to Alabama v. Bozeman, 5[3]3 U.S. 146 (2001).” For differing reasons, the majority of this panel affirms the Defendant’s convictions.

I agree with the result reached in this case, but I disagree with the majority’s statement that “it is unclear whether Juror H was excluded based on a peremptory strike or for cause.” The record is unequivocally plain in this case that the trial judge permitted the exercise of a
peremptory challenge after the jury had been accepted and the trial was underway.

I agree with the portion of the lead opinion by Judge Bivins which holds that Defendant is not entitled to relief pursuant to Article III of the IAD. I also agree and concur with the section of the lead opinion headed “Other Arguments.” I disagree with and therefore dissent from the remaining part of the lead opinion, which addresses Defendant’s claim pursuant to Article IV of the IAD.

I agree with the conclusion of the lead opinion that certain of the issues raised by the defendant are beyond the scope of this certified question. However, I would go a step further and hold that the certified question itself is deficient, meaning that this court is without jurisdiction and the appeal should be dismissed.

The Defendant, Thomas W. Meadows, appeals as of right from his conviction for one count of indirect criminal contempt. The Defendant contends that the evidence was insufficient to sustain his conviction. Following our review, we affirm the judgment of the trial court.

Pursuant to Tennessee Supreme Court Rule 51, this workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law. The employee fell and struck both knees on a concrete landing in the course of his employment with the employer. His left knee required surgery and his right knee received limited medical treatment. The treating physician assigned 8% permanent impairment to the left leg. Employee’s evaluating physician assigned 13% impairment to the left leg and 20% impairment to the right leg. The trial court adopted the evaluating physician’s opinions and awarded 50% permanent partial disability to both legs. Employer argues on appeal that the trial court erred by finding that Employee sustained a permanent injury to his right knee, by adopting the impairment rating of Dr. Landsberg over that of Dr. Gavigan for the left knee injury, by failing to find that Employee had a meaningful return to work, and by granting an excessive award of benefits. We affirm the judgment.
 

This is a malicious prosecution case arising out of a dispute between neighbors. A dispute arose when the plaintiff neighbor hired a tree service to trim the branches of a tree near the border between the two neighbors’ properties. After a confrontation, the police were called. After they arrived, the police cited both neighbors on charges of disorderly conduct. After the charges against the plaintiff neighbor were dismissed, he filed this malicious prosecution action against the defendant county and two of the police officers involved. The trial court granted summary judgment in favor of the defendants. The plaintiff neighbor now appeals. We affirm.

An employee was exposed to smoke as a result of a fire at his workplace. Testing revealed the presence of bullous emphysema, a dangerous condition caused by cigarette smoking. Surgery was required to treat that condition. The Claims Commission ruled that the smoke exposure at work had aggravated and advanced his preexisting lung disease and awarded permanent total disability benefits. The employer has appealed, contending that the evidence preponderates against the Commissioner’s finding of causation. We agree and reverse the judgment.

A Marion County jury convicted the Defendant, Ashlee N. Appleton, of tampering with evidence, and the trial court sentenced her to four years, to be served on community corrections after six months of incarceration. The Defendant appeals, contending that the State failed to establish the corpus delicti of the crime for which she was convicted. The State concedes the error, and both parties assert that this case be reversed. After a thorough review of the record and applicable authorities, we agree with the parties. Accordingly, we reverse and dismiss the Defendant’s conviction.