APPELLATE COURT OPINIONS

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James Webb v. State of Tennessee

W2003-00702-CCA-R3-CD

Originating Judge:Jon Kerry Blackwood
Haywood County Court of Criminal Appeals 01/13/95
03A01-9608-CH-00263

03A01-9608-CH-00263

Originating Judge:Inman
Sullivan County Court of Appeals 01/11/95
Hoover Inc., v. Metro Board of Zoning Appeals

01A01-9506-CH-00277

This is an appeal by petitioner/appellant, Hoover
Inc. ("Hoover"), from an order of the chancery court
affirming the Metropolitan Board of Zoning Appeal's
decision to deny Hoover's application for a conditional
use permit.

Authoring Judge: Judge Samuel L. Lewis
Originating Judge:Chancellor Robert S. Brandt
Williamson County Court of Appeals 01/05/95
Jeffrey E. Dunlap v. Tony Parker, W

W2004-01042-CCA-R3-HC
Authoring Judge: Judge Alan E. Glenn
Originating Judge:R. Lee Moore Jr.
Lake County Court of Criminal Appeals 12/14/94
Gdongalay Berry vs. State

M2004-00334-CCA-R3-PC
Gdongalay Berry filed petitions for post-conviction relief attacking convictions in Davidson County Docket Nos. IF7101 and 97-A-196. The State has filed a motion pursuant to Rule 20, Rules of the Court of Criminal Appeals of Tennessee, for this Court to affirm the judgment of the trial court by memorandum opinion. We grant the motion and affirm the judgment of the trial court.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:J. Randall Wyatt, Jr.
Davidson County Court of Criminal Appeals 11/22/94
Gary Castelli vs Joy Castelli

E2004-02997-COA-R3-CV
The Trial Court granted the parties a divorce, identified, valued and divided the marital property. The husband appeals the division of marital property as being inequitable. We affirm, as modified.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:L. Marie Williams
Hamilton County Court of Appeals 10/15/94
01C01-9409-CC-00326

01C01-9409-CC-00326

Originating Judge:James K. Clayton, Jr.
Rutherford County Court of Criminal Appeals 08/29/94
Branch vs. Thompson

M1998-00511-COA-R3-CV
In this case, the minor children of the parties have been declared dependent and neglected in juvenile court, and custody was awarded to Mother. Subsequently, the parties were divorced in circuit court, and Mother was awarded custody and Father was ordered to pay child support. Mother filed a petition in circuit court to hold Father in contempt for his failure to pay child support, and Father filed a cross petition seeking, among other things, to change custody. At the conclusion of an evidentiary hearing, the circuit court awarded custody of the children to Father. Mother has appealed, and we vacate the order changing custody because of lack of subject matter jurisdiction.
Authoring Judge: Judge W. Frank Crawford
Robertson County Court of Appeals 08/24/94
William Fowler, as surviving parent of David Fowler, dec. vs. Ralph Davenport and Jason Richards

E2000-02509-COA-R3-CV
The Trial Court granted defendants summary judgment on the grounds plaintiff's action was time-barred. We reverse and remand.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:G. Richard Johnson
Washington County Court of Appeals 08/12/94
State of Tennessee v. Martel Thomas

W2002-01549-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Chris B. Craft
Shelby County Court of Criminal Appeals 07/26/94
Phillip Knight vs. State

01C01-9709-CR-00417
Davidson County Court of Criminal Appeals 06/30/94
State vs. Weddington

03C01-9607-CR-00258
Hamilton County Court of Criminal Appeals 06/17/94
Karn Tom Thongkumgool

01C01-9707-CR-00281
Davidson County Court of Criminal Appeals 06/17/94
Lola Taylor v. James Taylor

M1999-02398-COA-R3-CV
This appeal arises from the dissolution of a four-year marriage. The wife sought a divorce in the Circuit Court for Rutherford County because of the husband's chronic drunkenness, non-support, and threats of violence. Following a bench trial, the court granted the wife a divorce on the ground of inappropriate marital conduct. The trial court also divided the martial estate, gave the wife custody of the parties' four-year-old daughter, and directed the husband to pay child support. On this appeal, the husband asserts that the trial court erred in its classification and division of the marital property, that the trial court awarded an excessive amount of child support, and that the trial court erred by denying his request to place a portion of his child support in an educational trust fund. For her part, the wife requests an additional award to defray her legal expenses for this appeal. We conclude that the trial court (1) correctly classified and divided the marital estate, (2) properly sequestered a portion of the husband's assets to assure the timely and regular payment of his child support, and (3) properly declined to establish an educational trust fund for the child. We also conclude that the trial court erred by failing to direct the trial court clerk to return the remainder of the sequestered funds to the husband when his child support obligation ceased. In addition, we decline to award the wife her legal expenses for this appeal or to find that this appeal was frivolous.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Royce Taylor
Rutherford County Court of Appeals 06/11/94
Sarah Beth Clingan Overstreet v. Shoney's, Inc.

01A01-9612-CV-00566

This appeal involves a freakish accident in which a shard from a broken dinner plate caused a restaurant patron to lose the sight in her left eye. The patron and her husband filed suit against the waitress who dropped the plate and the restaurant in the Circuit Court for Putnam County seeking damages for her injuries and for his loss of consortium. Following a three-day trial, the jury awarded the patron $2,013,000. On this appeal, the restaurant takes issue with several of the trial court’s evidentiary rulings, the trial court’s verdict form, and the trial court’s refusal to grant a remittitur. We affirm the judgment.

Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Judge John A. Turnbull
Putnam County Court of Appeals 06/04/94
State vs. Robert Bitner

02C01-9903-CC-00108
Lake County Court of Criminal Appeals 05/25/94
See State v. James Clark, No. 02C01-9206-Cr-00149, 1993 Wl 414015, At *1 (Tenn. Crim. App.,

W2007-01260-CCA-R3-PC
Authoring Judge: Judge Camille R. McMullen
Originating Judge:James M. Lammey
Shelby County Court of Criminal Appeals 05/16/94
E1999-00235-C0A-R3-CV

E1999-00235-C0A-R3-CV

Originating Judge:Thomas W. Graham
Rhea County Court of Appeals 05/14/94
Joe L. Utley vs. State

M1999-00560-CCA-MR3-PC
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Seth W. Norman
Davidson County Court of Criminal Appeals 05/12/94
State vs. Ronald Crafton

W2001-00320-CCA-R3-CO
The petitioner appeals the trial court's dismissal of his petition for habeas corpus relief. The trial court determined that the allegations contained in the petitioner's pro se petition were not ones that would entitle him to habeas corpus relief, and therefore dismissed his petition. After a careful review of the record, we affirm the trial court's dismissal of the petition.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Joseph H. Walker, III
Lauderdale County Court of Criminal Appeals 04/26/94
David Cross vs. James Dukes

W2000-02197-CCA-R3-CO
Petitioner appeals the summary dismissal of his petition for writ of habeas corpus. The trial court determined that petitioner did not receive an illegal sentence, and petitioner now appeals this ruling. We affirm the judgment of the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Joseph H. Walker, III
Lauderdale County Court of Criminal Appeals 04/12/94
Adkins vs. Keck

03A01-9804-CV-00141
Court of Appeals 03/17/94
Terrence Liddle vs. Ricky Bell, Warden

01C01-9709-CR-00395
Davidson County Court of Criminal Appeals 03/15/94
Andre Bland v. State of Tennessee

W2007-00020-CCA-R3-PD
Authoring Judge: Judge John Everett Williams
Originating Judge:W. Fred Axley
Shelby County Court of Criminal Appeals 02/12/94
Dexter Frank Johnson vs. State

E2004-01260-CCA-R3-HC
The petitioner, Dexter Frank Johnson, appeals the dismissal of his petition for writ of habeas corpus. The state has filed a motion requesting that this court affirm the action of the trial court pursuant to Rule 20, Tenn. Ct. Crim. App. R. The petition fails to present a cognizable claim for habeas corpus relief. Accordingly, the state's motion is granted and the judgment of the trial court is affirmed.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Stephen M. Bevil
Hamilton County Court of Criminal Appeals 02/11/94