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BLANCHE BILBREY AND CECIL ASBERRY, v. VESTEL SMITHERS, Court:TSC For Plaintiffs-Appellees: For Defendant-Appellant: Phillips M. Smalling Onnie L. Winebarger Byrdstown Byrdstown Judge: REID, J. First Paragraph: This case presents for review the right of a child born out of wedlock to inherit from his natural father who died prior to the amendment of Tenn. Code Ann. 31-2-105(a)(2)(B) (Supp. 1995) in 1978. The record supports the finding of paternity, but the claimant failed to establish the right to inherit as required by the statute; however, the appellant is estopped to deny the claimant's asserted interest in the decedent father's real property. URL:http://www.tba.org/tba_files/TSC/BILBREYB.OPN.WP6 CAPE FEAR PAGING COMPANY, d/b/a CUE PAGING OF TENNESSEE AND KENTUCKY, v. JOE B. HUDDLESTON, COMMISSIONER OF REVENUE, STATE OF TENNESSEE,, Court:TSC For Plaintiff-Appellant: For Defendant-Appellee: C. Michael Norton Charles W. Burson Janet P. Sparkman Attorney General & Reporter Wyatt, Tarrant & Combs Nashville Nashville Michael E. Moore Solicitor General Nashville Charles L. Lewis Deputy Attorney General Nashville Judge: REID, J. First Paragraph: This case presents for review the decision of the Court of Appeals, affirming the judgment of the trial court, which denied the appellant taxpayer's claim for the refund of sales taxes. This Court finds that the taxpayer is entitled to the refund claimed. The Court of Appeals is reversed. URL:http://www.tba.org/tba_files/TSC/CAPEFEAR.OPN.WP6 GENEVA COFFEY, v. FAYETTE TUBULAR PRODUCTS, LIVINGSTON DIVISION, DANAHER CORPORATION Court:TSC For Plaintiff-Appellant: For Defendant-Appellee: Ernest C. Onks, Sr. W. Kerby Bowling Cookeville, Tennessee W. Kerby Bowling II Joseph M. Crout Ronald Thurman M.V. Tichenor Craig P. Fickling Memphis, Tennessee Ronald Thurman & Associates Cookeville, Tennessee Judge: DROWOTA, J. First Paragraph: In this retaliatory discharge action, the plaintiff, Geneva Coffey, appeals from two aspects of the Court of Appeals judgment: (1) its suggested remittance of the punitive damage award from $500,000 to $150,000; and (2) its disallowance of the $20,000 in front pay awarded by the trial court. After a careful consideration of the law and the record in this case, we conclude that the Court of Appeals erred in both respects. Therefore, we reverse that courts judgment, and reinstate, in its entirety, the judgment rendered by the trial court. URL:http://www.tba.org/tba_files/TSC/COFFEYG.OPN.WP6 DANNY RAY HARRELL, v. THE MINNESOTA MUTUAL LIFE INSURANCE COMPANY, Court:TSC For Appellant: For Appellee: Rufus W. Beamer, Jr. Arthur G. Seymour, Jr. Knoxville, Tennessee Robert L. Kahn FRANTZ, McCONNELL & SEYMOUR Knoxville, Tennessee Judge: ANDERSON, J First Paragraph: We granted this appeal to determine whether we should retain "the Distretti Rule" adopted by this Court sixty-seven years ago. The rule provides that before a death will be considered accidental under the terms of an insurance contract, the means, as well as the result, must be involuntary, unexpected, and unusual. URL:http://www.tba.org/tba_files/TSC/HARRELLD.OPN.WP6 OLD HICKORY ENGINEERING & MACHINE COMPANY, INC., v. PHILLIP HENRY AND JEFF SHEPARD, Court:TSC For Plaintiff-Appellee: For Defendants-Appellants: John M. Cannon Joseph Y. Longmire, Jr. n Cannon, Cannon & Cooper, Jones, Longmire & Sindle P.C. Goodlettsville Goodlettsville Judge: REID, J. First Paragraph: This case presents for review the decision of the Court of Appeals reversing the trial court's dismissal of the complaint. The Court of Appeals held that the complaint, which was signed only by the non-lawyer president of the corporate plaintiff, was "not void" and that the subsequent appearance of a lawyer on behalf of the plaintiff "corrected the defect" in the pleading. That court ordered that the suit be allowed to proceed to trial even though the complaint was filed on the last day permitted by the savings statute, Tenn. Code Ann. 28-1-105 (Supp. 1995). The decision by the Court of Appeals is reversed. URL:http://www.tba.org/tba_files/TSC/HENRYP.OPN.WP6 FRANK L. WHITE, v. HUBERT A. McBRIDE, EXECUTOR Court:TSC For Plaintiff-Appellant: For Defendant-Appellee: Frank J. Glankler, Jr. James T. Bland, Jr. Robert L. Hutton Memphis, Tennessee Glankler Brown Memphis, Tennessee Judge: DROWOTA, J. First Paragraph: This case presents the question of whether the plaintiff, attorney Frank White, may recover attorneys fees from the estate of Kasper McGrory. This broad question may, in turn, be divided into two specific subissues: (1) whether the contingency fee contract between White and McGrory is clearly excessive under Disciplinary Rule 2-106 of the Code of Professional Responsibility, Tenn. Sup. Ct. R. 8, and is, thus, unenforceable; and (2) if the contingency fee contract is unenforceable, whether White may, nevertheless, recover attorneys fees on a quantum meruit basis. URL:http://www.tba.org/tba_files/TSC/MCBRIDEH.OPN.WP6 ELI MIKE, AN INDIVIDUAL; JAMES A. SCHRAMPFER, AN INDIVIDUAL; AND JANE N. FORBES, AS TRUSTEE IN BANKRUPTCY FOR THE ESTATE OF DAVID L. OSBORN, v. PO GROUP, INC., A TENNESSEE CORPORATION; JAMES W. (BILL) ANDERSON III, AN INDIVIDUAL; AND THE ESTATE OF HAROLD L. JENKINS, Court:TSC For Plaintiffs-Appellants: For Defendants-Appellees: Gary M. Brown William L. Harbison Matthew J. Sweeney, III L. Webb Campbell, II John C. Tishler Andrew J. Pulliam Tuke, Yopp & Sweeney Sherrard & Roe, P.L.C. Nashville Nashville Denty Cheatham Cheatham & Palermo Nashville Judge: REID, J. First Paragraph: This case presents for review the decision of the Court of Appeals, affirming an award of summary judgment in favor of the defendants. The Court of Appeals held that the plaintiffs' suit charging the breach by a majority shareholder of a fiduciary duty owed to minority shareholders is barred by the one year statute of limitations. This Court concludes that the applicable period of limitations is three years and remands the case to the trial court to determine whether plaintiffs' action was time-barred. URL:http://www.tba.org/tba_files/TSC/MIKEELI.OPN.WP6 JOE BOATMAN, v. WW OF MEMPHIS, INC. d/b/a ADVANCE MUFFLER & AUTO SERVICE and AMERISURE INSURANCE COMPANY, w/JUDGMENT ORDER Court:TSC - Workers Comp Panel For the Appellants: For the Appellee: Carol Mills Hayden Cecil G. Keltner 80 Monroe Ave., Ste. 550 219 Adams Ave. Memphis, TN 38173-0160 Memphis, TN 38103 Judge: BYERS First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The trial court awarded plaintiff 50% permanent partial disability to each arm. Defendant challenges 1) the finding of permanent vocational disability to the right arm and 2) the finding of 50% permanent partial disability to each arm. URL:http://www.tba.org/tba_files/TSC_WCP/BOATMAN.OPN.WP6 URL:http://www.tba.org/tba_files/TSC_WCP/BOATMAN.JDG.WP6 JIMMY McCARVER, v. TECUMSEH PRODUCTS COMPANY, w/JUDGMENT ORDER Court:TSC - Workers Comp Panel For Appellant: For Appellee: David F. Hessing Robert T. Keeton Hessing, Ventimiglia & Swayne Keeton Law Offices Paris, Tennessee Huntingdon, Tennessee Judge: Loser First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. section 50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. In this appeal, the employer, Tecumseh, contends that the evidence preponderates against the trial court's finding that the employee's disability arose out of the employment. The panel agrees. URL:http://www.tba.org/tba_files/TSC_WCP/MCCARVER.OPN.WP6 URL:http://www.tba.org/tba_files/TSC_WCP/MCCARVER.JDG.WP6 REBA JOYCE MOODY, STATUORY REPRESENTATIVE OF JAMES JUNIOR MOODY v. PHELPS SECURITY, INC. and FIDELITY and CASUALTY CO. OF NEW YORK w/JUDGMENT ORDER Court:TSC - Workers Comp Panel FOR APPELLANT: FOR APPELLEE: Ronald W. Kim James F. Eggleston Steve Taylor Suite 3016, 100 N. Main Kim, Wilcox & McArthur Memphis, Tennessee 6363 Poplar Avenue, Suite 60l Memphis, Tennessee Judge: Tatum First Paragraph: Suit was filed in the Circuit Court at Memphis by Reba Joyce Moody as representative of the estate of her deceased husband, James Junior Moody, against Phelps Security, Inc., the employer, and Fidelity and Casualty Co. of New York, the employer's workers' compensation insurance carrier. The plaintiff sued for workers' compensation benefits as a result of an accidental injury that allegedly caused the death of James Junior Moody, including a portion of the medical expenses incurred. URL:http://www.tba.org/tba_files/TSC_WCP/MOODY.OPN.WP6 URL:http://www.tba.org/tba_files/TSC_WCP/MOODY.JDG.WP6 BLANCHE RENE SMITH, v. BRUCE HARDWOOD FLOORS, w/JUDGMENT ORDER Court:TSC - Workers Comp Panel For the Appellant: For the Appellee: William F. Kendall, III Mary Dee Perkins Robert B. Vandiver, Jr. George L. Morrison, III WALDROP & HALL, P.A. 201 E. Baltimore 106 South Liberty Street Jackson, TN 38301 Jackson, TN 38301 Judge: BYERS First Paragraph: Plaintiff was working at Bruce Hardwood Floors when she injured her right shoulder in October of 1991 while lifting pieces of wood from a conveyor belt. In May of 1992, she complained to her treating physician of pain in her hands and wrists. She alleged work-related permanent disability as a result of these conditions. The trial court awarded plaintiff 33 percent permanent partial disability to each arm. URL:http://www.tba.org/tba_files/TSC_WCP/SMITHBR.OPN.WP6 URL:http://www.tba.org/tba_files/TSC_WCP/SMITHBR.JDG.WP6 SANDRA WHITEHEAD,v. EXPRESS SERVICES, INC., w/JUDGMENT ORDER Court:TSC - Workers Comp Panel For Appellant: For Appellee: Sam L. Crain, Jr. Ricky L. Boren Laurie Meehan Hill Boren P.C. Burch, Porter & Johnson Jackson, Tennessee Memphis, Tennessee Judge: Loser First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. section 50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. In this appeal, the employer, Express Services, contends the trial court's award of permanent partial disability benefits on the basis of eighty percent permanent partial disability to the left arm is excessive. The panel has concluded that the award should be modified to provide permanent partial disability benefits on the basis of fifty percent to the left arm. URL:http://www.tba.org/tba_files/TSC_WCP/WHITEHED.OPN.WP6 URL:http://www.tba.org/tba_files/TSC_WCP/WHITEHEA.JDG.WP6 JACQUES B. BENNETT, v. STATE OF TENNESSEE, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: A. CHRISTIAN LANIER, III CHARLES W. BURSON Suite 150, 615 Lindsay St. Attorney General & Reporter Chattanooga, TN 37403 TIMOTHY F. BEHAN Asst. Attorney General 450 James Robertson Pkwy. Nashville, TN 37243-0493 WILLIAM H. COX, III District Attorney General DAVID DENNY Asst. District Attorney General Courts Bldg., 600 Market St. Chattanooga, TN 37402 Judge: JOHN H. PEAY First Paragraph: The petitioner was indicted for first-degree murder and conspiracy to commit first-degree murder. The State filed a notice of intent to seek the death penalty. The petitioner pled guilty to first-degree murder and received a sentence of life imprisonment. He took no appeal as of right but filed a petition for post-conviction relief. After a hearing, the lower court denied the petition. URL:http://www.tba.org/tba_files/TCCA/BENNETTJ.OPN.WP6 STATE OF TENNESSEE, v. REGINALD BONNER, Court:TCCA For the Appellant: For the Appellee: Howard L. Wagerman Charles W. Burson 100 North Main, Suite 2003 Attorney General of Tennessee Memphis, TN 38103 and (AT TRIAL) Ellen H. Pollack Assistant Attorney General of Tennessee 450 James Robertson Parkway Howard L. Wagerman Nashville, TN 37243-0493 Howard B. Manis 100 North Main, Suite 2003 John W. Pierotti, Jr. (ON APPEAL) District Attorney General and Paul F. Goodman Judge: Joseph M. Tipton First Paragraph: The defendant, Reginald Bonner, appeals as of right from the Shelby County Criminal Courts refusal to sentence him under the Tennessee Community Corrections Act of 1985. See T.C.A. 40-36-101--106. Pursuant to agreement, the defendant pled guilty to second degree murder, a Class A felony, and was sentenced as a Range I standard offender to twenty years in the Department of Correction. He petitioned for a community corrections sentence, claiming that he had special needs for treatment in the community for a drug problem, but the trial court held that he was ineligible. The defendant contends that he is eligible for such a sentence. We disagree. URL:http://www.tba.org/tba_files/TCCA/BONNERRG.OPN.WP6 STATE OF TENNESSEE, v. DAVID COX, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Mack Garner Charles W. Burson District Public Defender Attorney General & Reporter 419 High Street Maryville, TN 37804 Robin L. Harris Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 Michael L. Flynn District Attorney General Philip H. Morton Asst. Dist. Attorney General 363 Court Street Maryville, TN 37804-5906 Judge: PAUL G. SUMMERS First Paragraph: The appellant, David Cox, appeals the trial courts revocation of his probation. We affirm. URL:http://www.tba.org/tba_files/TCCA/COXD.OPN.WP6 SCOTT L. DEEM, v. STATE OF TENNESSEE, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Gregory D. Smith Charles W. Burson One Public Sq., Ste. 321 Attorney General of Tennessee Clarksville, TN. 37040 and Kimbra Spann Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 John Wesley Carney, Jr. District Attorney General and Arthur Bieber Assistant District Attorney General 204 Franklin St. Suite 200 Clarksville, TN 37041 Judge: PER CURIAM First Paragraph: The petitioner, Scott L. Deem, appeals from the trial courts denial of his second petition for post-conviction relief. The single issue presented for review is whether the trial court properly dismissed the petition without an evidentiary hearing. We affirm. URL:http://www.tba.org/tba_files/TCCA/DEEMSCOT.OPN.WP6 GREGORY LEVERETT, v. STATE OF TENNESSEE, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Gregory Leverett, Pro Se Charles W. Burson N.W.C.C. Attorney General & Reporter Route 1, Box 660 Tiptonville, TN 38079 Eugene J. Honea Assistant Attorney General Gary D. Gerbitz District Attorney General (Former) Yolanda Mitchell Asst. Dist. Attorney General Judge: PAUL G. SUMMERS First Paragraph: The appellant, Gregory Leverett, pled guilty to rape. He was sentenced to twelve years incarceration. He petitioned for post-conviction relief. The petition was dismissed as untimely. He now appeals that dismissal. We respectfully reverse and remand for an evidentiary hearing. URL:http://www.tba.org/tba_files/TCCA/LEVERETG.OPN.WP6 STATE OF TENNESSEE, v. JERRY L. MATHEWS, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: CHARLES F. FLEET CHARLES W. BURSON The Cohn Law Firm Attorney General and Reporter Koger Center - Sutie 300 65 Germantown Court MICHELLE L. LEHMANN Memphis, TN 38018 Assistant Attorney General ELIZABETH RICE District Attorney General JERRY NORWOOD Assistant District Attorney Judge: JERRY L. SMITH First Paragraph: Appellant Jerry L. Mathews was convicted of a single count of aggravated assault arising out of a domestic dispute wherein Mathews shot and wounded his son. Appellant was also indicted for shooting at his two daughters; however, he was acquitted of these charges. For the single aggravated assault conviction, Appellant was sentenced as a Range I standard offender to three (3) years in the Department of Correction. The sentence was suspended except for 90 days which Appellant was ordered to ser URL:http://www.tba.org/tba_files/TCCA/MATHEWSJ.OPN.WP6 STATE OF TENNESSEE, v. SAMUEL SCOTT MINTON, Court:TCCA For the Appellant: For the Appellee: J. Arnold Fitzgerald Charles W. Burson P. O. Box 227 Attorney General & Reporter 1470 Market Street Dayton, TN 37321 Hunt S. Brown Michael J. Fahey, II Assistant Attorneys General 450 James Robertson Parkway Nashville, TN 37243-0493 Jerry N. Estes District Attorney General Joe Rehyansky Rebble Johnson Assistant District Attorneys General 10th Judicial District P. O. Box 1351 Cleveland, TN 37311 Judge: JOHN K. BYERS First Paragraph: The defendant was convicted of the following offenses and sentenced to serve the punishments therefore as follows: Conspiracy to commit aggravated burglary with a sentence of two years running consecutive to counts 2 - 11; Aggravated rape (5 counts) with a sentence of twenty years running consecutive to counts 1 and 7-11; Especially aggravated kidnaping with a sentence of twenty years running consecutive to counts 1-6 and 8-11; Especially aggravated robbery with a sentence of twenty years running consecutive to all counts except 10; Judgment of dismissal as to aggravated assault; Especially aggravated burglary with a sentence of ten years to run consecutive to all other counts except count 8; and Theft of over $1,000. with a sentence of four years to run consecutive to all other counts. URL:http://www.tba.org/tba_files/TCCA/MINTONSS.OPN.WP6 STATE OF TENNESSEE, v. KENNETH D. ODIE, Court:TCCA For the Appellant: For the Appellee: Mark A. Saripkin Charles W. Burson Attorney at Law Attorney General and Reporter 296 Washington Avenue Memphis, TN 38103 Ellen H. Pollack Assistant Attorney General Joseph S. Ozment Criminal Justice Division Attorney at Law 450 James Robertson Parkway 217 Exchange Avenue Nashville, TN 37243 0493 Memphis, TN 38103 John W. Pierotti District Attorney General Jennifer Nichols Asst. District Attorney General 201 Poplar Avenue, Third Floor Memphis, TN 38103 Judge: David G. Hayes First Paragraph: The appellant, Kenneth D. Odie, appeals from the trial courts denial of an alternative sentence. The appellant pled guilty in the Criminal Court of Shelby County to possession of cocaine in excess of one-half gram with the intent to sell, a class B felony. Tenn. Code Ann. 39-17-417(c)(1) (1992). The plea agreement provided for a sentence of eight years. According to the plea agreement, the trial court was to determine the manner of service of the sentence. The trial court ordered that the appellant serve his entire sentence in the Department of Correction. On appeal, the appellant contends that the trial court should have granted the appellant probation or community corrections. URL:http://www.tba.org/tba_files/TCCA/ODIEKEN.OPN.WP6 ZACHARY C. ROBINSON,v. STATE OF TENNESSEE, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: William Lee Brown Charles W. Burson Attorney at Law Attorney General & Reporter 706 Walnut Street Suite 902 Eugene J. Honea Knoxville, TN 37902 Assistant Attorney General Randall E. Nichols District Attorney General Marsha Selecman Asst. Dist. Attorney General Judge: PAUL G. SUMMERS First Paragraph: The appellant, Zachary C. Robinson, seeks post-conviction relief from convictions occurring between 1977 and 1981. Although he has fully served the sentences associated with those convictions, he asserts that he was not apprised of the possible future ramifications of those convictions. The trial judge dismissed the petition as untimely. Upon review, we find no error of law mandating reversal. The trial court's dismissal is affirmed in accordance with Tenn. R. Ct. Crim. App., Rule 20. URL:http://www.tba.org/tba_files/TCCA/ROBINSNZ.OPN.WP6
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