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UPS vs. BUCK FEVER RACING, INC. Court:TCA For Appellant For Appellee DAVID A. LUFKIN MARK L. ESPOSITO Lufkin & Henley MARK E. FRYE Knoxville, Tennessee Penn, Stuart & Eskridge Bristol, Virginia Judge: Susano First Paragraph: UPS, an Ohio corporation, sued Buck Fever Racing, Inc. (Buck Fever), a Virginia corporation, on an open account. The complaint seeks $40,607.48, pre- and post-judgment interest, and attorney fees. It is supported by a sworn account. The trial court granted Buck Fever's motion to dismiss because the court found that it lacked the necessary in personam jurisdiction to render a monetary judgment against the defendant. UPS appealed, arguing that the facts developed reflect that the defendant had sufficient minimum contacts with Tennessee to justify the exercise of jurisdiction over it. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/BUCKFEVE_OP.WP6 ARTHUR DAVIS and ALFREIDA DAVIS VS. BOB PATTERSON, Shelby County Trustee, and ONE MEMPHIS PLACE VENTURE Court:TCA LENAL ANDERSON, JR. Memphis, Tennessee Attorney for Appellants GARY K. GROOM FARRIS, WARFIELD & KANADAY Nashville, Tennessee Attorney for Appellee, One Memphis Place Venture Judge: HIGHERS First Paragraph: In this personal injury action, the Plaintiffs, Arthur and Alfreida Davis, filed suit against the Defendant, Bob Patterson, and the Defendant, One Memphis Place Venture ("Venture"), for injuries resulting from exposure to contaminants at the Plaintiff's place of employment. The Plaintiffs took a voluntary nonsuit as to the Defendant, Bob Patterson. Venture filed a motion for summary judgment asserting that the Plaintiffs' claims were barred by the one year statute of limitations. The trial court granted Venture's motion for summary judgment. The Plaintiffs' have appealed the trial court's order granting Venture's motion for summary judgment. For the reasons stated hereafter, we affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCA/DAVISART_OPN.WP6 JAMES L. HOWARD VS. J. HOWARD SHANKLE and BOBBIE J. SHANKLE Court:TCA ROBERT A. ANDERSON Nashville, Tennessee Attorney for Plaintiff/Appellant JAMES N. BRYAN Nashville, Tennessee Attorney for Defendants/Appellees JOHN M. GILLUM JOHN W. HEACOCK MANIER, HEROD, HOLLABAUGH & SMITH Nashville, Tennessee Attorneys for Defendants/Appellees Judge: HIGHERS First Paragraph: In this case, Plaintiff, James L. Howard, filed suit against the Defendants, J. Harold Shankle and Bobbie J. Shankle, seeking damages based upon breach of a land sales contract. Defendants filed a counter-complaint seeking damages based upon breach of the land sales contract and a declaratory judgment. The Chancellor conducted a non-jury trial and dismissed all causes of action that Plaintiff asserted against the Defendants with prejudice, dismissed all causes of action that the Defendants asserted against the Plaintiff with prejudice and granted the Defendants' request for a declaratory judgment. Plaintiff has appealed the trial court's judgment, arguing that the Chancellor's construction of the land sales agreement was in error. For the reasons stated hereafter, we affirm. URL:http://www.tba.org/tba_files/TCA/HOWARDJ_OPN.WP6 BOBBY G. JOYCE VS. ALICE IRENE JOYCE Court:TCA Charles Samuel Kelly, Jr., KELLY, MILLAR, STRAWN & KELLY, Dyersburg, Tennessee Attorney for Plaintiff/Appellant. L. L. Harrell, Jr. , HARRELL & HARRELL, Trenton, Tennessee Attorney for Defendant/Appellee Judge: FARMER First Paragraph: Bobby G. Joyce (Husband) sought a divorce from Alice Irene Joyce (Wife) pursuant to T.C.A. S 36-4-101(12). The parties were married September 2, 1967. The complaint alleges that they separated on October 2, 1992. Wife answered that it was on this date that she was committed to Western State Hospital where she remained for several weeks. REMANDED. URL:http://www.tba.org/tba_files/TCA/JOYCEBG_OPN.WP6 NELL MAY PUTNAM, Individually and NELL MAY PUTNAM, Administratrix of the Estate of CHARLES O. PUTNAM vs. RUSSELL PUTNAM AND WINSTON PUTNAM Court:TCA Nancy Miller-Herron; Herron & Miller-Herron of Dresden For Appellee Jeffrey W. Parham and H. Max Speight of Martin For Appellant, Russell Putnam Judge: CRAWFORD First Paragraph: This is a T.R.A.P. 9 appeal from an interlocutory order of the chancery court denying the motion of defendant, Russell Putnam, to dismiss plaintiff's suit for lack of personal jurisdiction and lack of subject matter jurisdiction. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/PUTNAMNM_OPN.WP6 THOMAS L. and LINDA RADLEY VS. BOBBY E. and ALICE E. BROOKS Court:TCA RUSSELL J. JOHNSON Memphis, Tennessee Attorney for Appellant J. LOGAN SHARP BATEMAN AND CHILDERS Memphis, Tennessee Attorney for Appellee Judge:
First Paragraph: In this action, the Plaintiffs, Thomas and Linda Radley, filed suit against the Defendants, Bobby and Alice Brooks, based upon breach of a land sales agreement. The Plaintiffs base their suit upon the following alternative theories: breach of contract, breach of warranty, negligence, misrepresentation, fraud and violation of the Tennessee Consumer Protection Act. The trial court rendered a judgment in favor of the Plaintiffs for $2,000.00 and found that the Defendants were not liable to the Plaintiffs for intentional fraud, negligence or for violation of the Tennessee Consumer Protection Act. For the reasons stated hereafter, we affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCA/RADLEY_OPN.WP6 ROBERT ROE and JEAN ROE, Individually and as next Friends for JOHN ROE, a minor vs. CATHOLIC DIOCESE OF MEMPHIS, INC., and ST. PAUL'S CATHOLIC SCHOOL Court:TCA David J. Sneed, Robert B.C. Hale; Waring Cox of Memphis For Plaintiffs-Appellants C. Thomas Cates, Melissa A. Maravich; Burch, Porter & Johnson of Memphis For Defendants-Appellees Judge: CRAWFORD First Paragraph: This is a negligence case involving the supervision of a minor child by a preschool day care program. The plaintiffs, Robert, Jean, and John Roe, appeal from the order of the trial court granting summary judgment in favor of the defendants, Catholic Diocese of Memphis in Tennessee and St. Paul's Catholic School (hereinafter St. Paul's). The trial court found that the acts alleged in the complaint were unforeseeable as a matter of law. AFFIRMED. URL:http://www.tba.org/tba_files/TCA/ROERR_OPN.WP6 MILTON SCHACTER vs. FRIENDLY CHEVROLET CADILLAC TOYOTA, INC., et al Court:TCA Ira M. Thomas of Memphis For Appellant Fred M. Ridolphi, Jr., of Memphis For Appellee Judge: CRAWFORD First Paragraph: This is a breach of contract case. The plaintiff, Milton Schachter, appeals from the order of the Shelby County Chancery Court dismissing his complaint against the defendants, Hugh Chalmers, Sr., Hugh Chalmers, Jr., and Hugh Chalmers Chevrolet-Cadillac-Toyota, Inc. REVERSED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/SCHACHTE_OPN.WP6 RAMONA C. SCHRADER vs. A. L. SCHRADER Court:TCA L. L. HARRELL, JR. JULIA J. TATE Harrell & Harrell Gracey, Ruth, Howard, Tate NW Court Square & Sowell Trenton, TN 38382 150 Second Avenue North, Suite 201 Nashville, TN 37201 Judge: INMAN First Paragraph: These parties were divorced in 1981 following a 25-year marriage and the birth of three children. The appellant was ordered to pay alimony of $950.00 monthly, well within his means as a practicing physician. AFFIRMED. URL:http://www.tba.org/tba_files/TCA/SCHRADR_OPN.WP6 WILLIAM SMITH vs. MEMPHIS HOUSING AUTHORITY Court:TCA Edwin C. Lenow Memphis, Tennessee Attorney for Appellant David M. Cook Karen L. Schlesinger Memphis, Tennessee Attorneys for Defendant/Appellee Judge: HIGHERS First Paragraph: In this action, the Plaintiff, William Smith, filed suit against the Defendant, Memphis Housing Authority, for wrongfully terminating the Plaintiff's employment. The circuit court granted summary judgment in favor of the Defendant and dismissed the Plaintiff's complaint. The Plaintiff has appealed the circuit court's order granting the Defendant's motion for summary judgment. For the reasons stated hereafter, we affirm the judgment of the court. URL:http://www.tba.org/tba_files/TCA/SMITHWIL_OPN.WP6 BRIAN WOLNEY and WIFE, MELISSA WOLNEY vs. LISA M. EMMONS and WELLS FARGO ARMORED SERVICE CORPORATION Court:TCA For the Plaintiffs/Appellants: For the Defendants/Appellees: Stanley J. Kline Marc O. Dedman Memphis, Tennessee Memphis, Tennessee Judge: LILLARD First Paragraph: This is a suit for damages brought by Plaintiff Brian Wolney ("Wolney"), with his wife Melissa Wolney, against Defendants Wells Fargo Armored Service Corporation ("WFA") and Lisa M. Emmons ("Emmons"). Wolney sued for personal injuries he sustained in an accident while riding as a passenger in a vehicle driven by Emmons, but owned by WFA. The trial court granted partial summary judgment in favor of WFA, finding that Wolney's tort claim against WFA was barred because Wolney was WFA's statutory employee. The Wolneys appeal the grant of partial summary judgment. We affirm. URL:http://www.tba.org/tba_files/TCA/WOLNEYB_OP.WP6 HOWARD A. WOODS vs. CITY OF MEMPHIS, ET AL Court:TCA Howard A. Woods, pro se Memphis, Tennessee No attorney for appellee Judge: HIGHERS First Paragraph: In this case, the Plaintiff, Howard A. Woods, filed suit against the Defendant, City of Memphis, seeking damages for the wrongful condemnation and demolition of his residence. On July 13, 1992, the Plaintiff filed suit in General sessions court. A judgment was entered in favor of the Defendant, and the Plaintiff appealed to circuit court. In the circuit court a judgment was granted in favor of the Defendant after a de novo hearing, and the Plaintiff has appealed to this court from that. We believe this is an appropriate case for affirmance pursuant to Court of Appeals Rule 10(a). URL:http://www.tba.org/tba_files/TCA/WOODSMEM_OPN.WP6 WILLIAM D. ARENDALL vs. STATE OF TENNESSEE Court:TCCA For Appellant: Marian C. Fordyce Attorney for Appellant 129 Second Avenue North Nashville, TN 37201 For Appellee: Charles W. Burson Attorney General & Reporter Charlotte H. Rappuhn Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 Steve Dozier Assistant District Attorney General Washington Square, Suite 500 222 Second Avenue North Nashville, TN 37201-1649 Judge: WADE First Paragraph: The petitioner, William D. Arendall, appeals from the trial court's denial of his petition for a writ of habeas corpus. The petitioner presents two issues for our review: (1) whether the trial court erred by dismissing the petition without a hearing on grounds of previous determination by the chancery court; and if so (2) whether the Tennessee Department of Correction may rescind custodial parole after the expiration of the sentence. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/ARENDALL_OPN.WP6 JAMES KELLY CAULEY vs. STATE OF TENNESSEE Court:TCCA For the Appellant: For the Appellee: Gregory D. Smith Charles W. Burson One Public Square Attorney General and Reporter Suite 321 450 James Robertson Parkway Clarksville, TN 37040 Nashville, TN 37243-0493 Robin L. Harris Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243 John Wesley Carney, Jr. District Attorney General B. Dent Morriss Assistant District Attorney 500 Main St. Springfield, TN 37172 Judge: Barker First Paragraph: This is an appeal as of right from the Robertson County Circuit Court's denial of appellant's petition for post-conviction relief pursuant to Tennessee Code Annotated section 40-30-101 et seq. (1990). Finding no merit in appellant's issues, we affirm the trial court's dismissal of the petition. URL:http://www.tba.org/tba_files/TCCA/CAULEY_OPN.WP6 STATE OF TENNESSEE vs. MONOLETO DELSHONE GREEN Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: GERALD MELTON CHARLES W. BURSON Public Defender Attorney General and Reporter JEANNIE KAESS MICHAEL E. MOORE Assistant Public Defender Solicitor General 201 W. Main St. Ste 101 Murfreesboro, TN 37129 GORDON W. SMITH Associate Solicitor General 500 Charlotte Avenue Nashville, TN 37243-0497 WILLIAM WHITESELL District Attorney General 3rd Floor Judicial Building Murfreesboro, TN 37130 Judge: WELLES First Paragraph: The Defendant, Monoleto Delshone Green, appeals as of right pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. He was convicted on a Rutherford County jury verdict of Aggravated Robbery. He appeals his conviction presenting eight issues for review: (1) That the trial court erred by failing to suppress the Defendant's confession; (2) that the trial court erred by failing to suppress an identification made of the Defendant at the pretrial hearing; (3) that it was prejudicial error to admit evidence that the Defendant possessed a handgun; (4) that the judicial process was prejudiced when a witness was detained in order to secure his presence at the Defendant's trial; (5) that it was error to admit a photographic lineup at trial which was not provided by the State pursuant to a discovery request; (6) that the trial court erred in admitting hearsay testimony; (7) that the trial court erred by admitting evidence of flight and instructing the jury on flight; (8) that the Assistant District Attorney made prejudicial and improper remarks at trial. We have examined the Defendant's issues on appeal and conclude that there is no reversible error. Therefore, we affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/GREENM_OPN.WP6 STATE OF TENNESSEE vs. LEROY HALL, JR. Court:TCCA For the appellant: For the appellee: Karla G. Gothard Charles W. Burson 701 Cherry Street Attorney General of Tennessee Suite 300 and Chattanooga, TN 37402 Joel W. Perry (At trial only) Assistant Attorney General of Tennessee 450 James Robertson Parkway William R. Heck Nashville, TN 37243-0493 212 James Building Chattanooga, TN 37402 William H. Cox (At trial and on appeal) District Attorney General and Brock Mehler Thomas J. Evans Capital Case Resource Center Assistant District Attorney General 704 18th Avenue South 600 Market Street, Suite 310 Nashville, TN 37920 Chattanooga, TN 37402 (On appeal only) Judge: Tipton First Paragraph: The defendant, Leroy Hall, Jr., was convicted of first degree murder and aggravated arson. The jury imposed the death penalty, finding the existence of two aggravating circumstances: T.C.A. S 39-13-204(i)(5) and T.C.A. S 39-13-204(i)(7) (1991). The trial court imposed a twenty-five-year sentence for aggravated arson, a class A felony, to be served consecutively. In this appeal as of right directed solely at the murder conviction and sentence, the defendant raises issues relative to the guilt phase of the trial. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/HALLLER_OP.WP6 STATE OF TENNESSEE vs. ERIC LEMART HARRIS Court:TCCA For the Appellee: For the Appellant: David F. Bautista Charles W. Burson District Public Defender Attorney General and Reporter Jeffery C. Kelly Hunt S. Brown Asst. Public Defender Assistant Attorney General 142 East Market Street Criminal Justice Division Johnson City, TN 37601 450 James Robertson Parkway Nashville, TN 37243-0493 David E. Crockett District Attorney General Joe Crumley Asst. District Attorney General Post Office Box 38 Jonesborough, TN 37659 Judge: Hayes First Paragraph: The appellee, Eric LeMart Harris, was indicted by the Washington County Grand Jury in a three count indictment, charging him with two misdemeanor sales of marijuana and one class E felony sale of marijuana. Pursuant to the negotiated plea agreement, the appellee received a sentence of one year for the felony conviction and a sentence of eleven months, twenty-nine days for each misdemeanor conviction. All three sentences were to run concurrently. The manner of service of the sentence, including the availability of judicial diversion, was submitted to the trial court for determination. Following a sentencing hearing, the trial court granted judicial diversion. Tenn. Code Ann. S 40-35-313(a)(1) (1995 Supp.) The State appeals this sentencing decision, contending that the trial court abused its discretion in granting diversion. Specifically, the State argues that the appellee is ineligible because the plain language of the statute, Tenn. Code Ann. S 40-35-313(a), commonly referred to as judicial diversion, limits diversion to only one offense. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/HARRISE_OPN.WP6 STATE OF TENNESSEE vs. JOSH HUTCHINSON Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: DALE M. QUILLEN CHARLES W. BURSON 95 White Bridge Road, Suite 208 Attorney General and Reporter Nashville, TN 37205 ROBIN L. HARRIS Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243 JOE D. BAUGH, JR. District Attorney General RONALD L. DAVIS Assistant District Attorney P. O. Box 937 Franklin, TN 37065-0937 Judge: SMITH First Paragraph: This is an appeal pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. Appellant complains that the trial judge abused his discretion in denying Appellant probation. We affirm the decision of the trial court. URL:http://www.tba.org/tba_files/TCCA/HUTCHISO_ORD.WP6 STATE OF TENNESSEE vs. JAMES RYION Court:TCCA For the Appellant: For the Appellee: Thomas K. Bowers Charles W. Burson Post Office Box 140256 Attorney General and Reporter 2821 Lebanon Road, Suite 204 Nashville, TN 37214 Sarah M. Branch Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 John Wesley Carney, Jr. District Attorney General Dent Morriss Asst. District Attorney General 507 Public Square Springfield, TN 37172 Judge: Hayes First Paragraph: The appellant, James Ryion, was convicted by a jury in the Circuit Court of Robertson County of the aggravated sexual battery and aggravated rape of his stepson, AM. The trial court sentenced the appellant to 10 years imprisonment in the Tennessee Department of Correction for the aggravated sexual battery conviction and 20 years imprisonment for the aggravated rape conviction. The court ordered that the sentences be served consecutively. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/RYION_OPN.WP6 STATE OF TENNESSEE vs. ROBERT EUGENE SKYLES Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Donna R. Miller Charles W. Burson Assistant Public Defender Attorney General & Reporter 701 Cherry Street, Suite 300 500 Charlotte Avenue Chattanooga, TN 37402 Nashville, TN 37243-0497 OF COUNSEL: Darian B. Taylor Assistant Attorney General Ardena J. Garth 450 James Robertson Parkway District Public Defender Nashville, TN 37243-0493 701 Cherry Street, Suite 300 Chattanooga, TN 37402 Gary D. Gerbitz District Attorney General 600 Market Street Chattanooga, TN 37402 H. C. Bright Assistant District Attorney General 600 Market Street Chattanooga, TN 37402 Rodney Strong Assistant District Attorney General 600 Market Street Chattanooga, TN 37402 Judge: Jones First Paragraph: The appellant, Robert Eugene Skyles, was convicted of vehicular homicide, a Class C felony, leaving the scene of an accident, a Class A misdemeanor, and driving while license suspended, a Class B misdemeanor, after pleading guilty to these offenses. The trial court found the appellant to be a standard offender and imposed a Range I sentence consisting of confinement for three (3) years for vehicular homicide. The trial court sentenced the appellant to confinement for eleven months and twenty-nine days for leaving the scene of an accident, and confinement for six months for driving while license suspended. The trial court ordered all three sentences to be served in the Hamilton County Workhouse. The appellant is required to serve eleven months and twenty-nine days in the vehicular homicide case with the balance of the sentence suspended. The appellant will be required to serve a period of two years on probation. In this Court, the appellant contends the trial court abused its discretion by failing to suspend the entire sentence or grant the appellant a community corrections sentence for the entire sentence. After a thorough review of the record, the briefs submitted by the parties, and the law which governs the issue, it is the opinion of this Court the judgment of the trial court should be affirmed. URL:http://www.tba.org/tba_files/TCCA/SKYLES_OPN.WP6 STATE OF TENNESSEE vs. DANNY B. THOMAS Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: WILLIAM D. MASSEY CHARLES W. BURSON 3074 East St. Attorney General & Reporter Memphis, TN 38128 (On Appeal) SARAH M. BRANCH Counsel for the State JOSEPH S. OZMENT 450 James Robertson Pkwy. 100 N. Main Bldg., Ste. 3010 Nashville, TN 37243-0493 Memphis, TN 38103 (At Trial) JOHN W. PIEROTTI District Attorney General JANET L. SHIPMAN Asst. District Attorney General 201 Poplar Ave., Third Fl. Memphis, TN 38103 Judge: PEAY First Paragraph: The defendant was indicted for multiple counts of selling cocaine, possessing cocaine with the intent to deliver, and possessing cocaine with the intent to sell. He pled guilty to four counts of selling over .5 grams of cocaine and accepted an agreed sentence of eight years on each count, to run concurrently, with a $2,000 fine on each count. He was designated a Range I standard offender. The only issue left to the sentencing court was whether to grant probation or some other form of alternative sentence. The court below denied any form of alternative sentence. In this appeal as of right, the defendant challenges that denial. After a review of the record, we affirm the judgment. URL:http://www.tba.org/tba_files/TCCA/THOMASD_OPN.WP6
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