Opinion FlashMay 29, 2002
Volume 8 Number 94
Following this index are summaries of each case, including its name, first paragraph, author's name, and the names of attorneys for the parties of each opinion.
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Howard H. Vogel
HEATHER LYNN KEY v. AMERICAN INSURANCE COMPANY Court:TSC - Rules Attorneys: William R. Pigue and A. Allen Smith, III, Nashville, Tennessee, for the appellant, American Insurance Company. William Joseph Butler and E. Guy Holliman, Lafayette, Tennessee, for the appellee, Heather Lynn Key. Judge: INMAN 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.S 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The trial court found the plaintiff to be 22 _ percent anatomically impaired, and applied a multiplier of 2 _ times in awarding benefits based upon a 56.25 vocational percent impairment. The evidence preponderates against a finding of 22 _ percent anatomical impairment. http://www.tba.org/tba_files/TSC_Rules/keyheatherlynn.wpd
CORY L. STAPLES v. WILLIAM L. CLIFTON Court:TCA Attorneys: Harry K. Hays, Chattanooga, Tennessee, for Appellant. Morgan G. Adams, Chattanooga, Tennessee, for Appellee. Judge: FRANKS First Paragraph: Trial Court entered Judgment for plaintiff on malicious prosecution claim. On appeal, plaintiff seeks an additur. Defendant also appeals, arguing there is no evidence to establish the cause of action and damages were not established. We affirm. http://www.tba.org/tba_files/TCA/staplesc.wpd
WILLIAM J. VINCENT v. REID TROUTMAN, EXECUTOR, et al. IN RE: ESTATE OF GEORGE C. VINCENT Court:TCA Attorneys: Johnny V. Dunaway, LaFollette, Tennessee, for the Appellant William J. Vincent. Roy L. Aaron and Amy V. Hollars, Knoxville, Tennessee, for the Appellee John Oliver. Reid Troutman, LaFollette, Tennessee, as Personal Representative of the Estate of George C. Vincent. Judge: SWINEY First Paragraph: George Vincent directed in his Last Will and Testament for his Executor to pay "all my just debts." Mr. Vincent was solely responsible for a mortgage on his home. This real estate passed to his nephew, William Vincent ("Plaintiff"), who was a joint tenant with the right of survivorship. A dispute arose as to whether Mr. Vincent's estate was responsible for paying the remaining balance owed on the mortgage, or whether Plaintiff was responsible for same. The Trial Court concluded since Plaintiff became the sole owner of the property after the death of his uncle, the real estate was not part of the estate and Plaintiff was, therefore, responsible for the debt. We conclude the mortgage was a "just debt" of the estate, and reverse. http://www.tba.org/tba_files/TCA/vincentwj.wpd
RONALD E. WALKER v. SHERRY K. WALKER Court:TCA Attorneys: John R. Morgan, Chattanooga, Tennessee, for the Appellant, Ronald E. Walker. Sherry B. Paty, Chattanooga, Tennessee, for the Appellee, Sherry K. Walker. Judge: SWINEY First Paragraph: Ronald E. Walker ("Husband") and Sherry K. Walker ("Wife") were divorced in 2001, pursuant to a final judgment. The parties were awarded joint custody of their then almost sixteen year old child ("Child") with Husband serving as the primary physical custodian of the Child. The Trial Court awarded Wife alimony in futuro and ordered Wife to pay child support. Husband appeals the type of alimony awarded to Wife, the amount of the alimony award, and the amount of Wife's child support obligation. We affirm, as modified, and remand. http://www.tba.org/tba_files/TCA/walkerre.wpd
STATE OF TENNESSEE v. WILLIAM J. BURNS Court:TCCA Attorneys: Ed Miller, Public Defender, Dandridge, Tennessee, for the Appellant, William J. Burns. Paul G. Summers, Attorney General & Reporter; Thomas E. Williams, III, Assistant Attorney General; Al C. Schmutzer, Jr., District Attorney General; and Charles Atchley, Jr., Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WITT First Paragraph: William J. Burns appeals from his aggravated burglary and theft convictions. He was convicted at a jury trial in the Sevier County Circuit Court, and he is presently serving an effective fifteen-year sentence as a persistent offender for these crimes. He claims in this appeal that the evidence is insufficient to support his aggravated burglary conviction and that the lower court erred in denying his motion for a mistrial. Because we disagree, we affirm. http://www.tba.org/tba_files/TCCA/burnswilliamj.wpd
STATE OF TENNESSEE v. DOUGLAS A. MATHIS Court:TCCA Attorneys: Stephen M. Wallace, District Public Defender; and Richard A. Tate, Assistant District Public Defender, for the appellant, Douglas A. Mathis. Paul G. Summers, Attorney General and Reporter; Angele M. Gregory, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and J. Lewis Combs, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: A Sullivan County jury convicted the defendant of theft over $1,000 for stealing a car. On appeal, he argues the evidence was insufficient to support his conviction. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/mathisda.wpd
STATE OF TENNESSEE v. TIMOTHY S. OGLESBY Court:TCCA Attorneys: Cynthia M. Fort, Nashville, Tennessee, for appellant, Timothy S. Oglesby. Paul G. Summers, Attorney General & Reporter; David H. Findley, Assistant Attorney General; Mickey Layne, District Attorney General; and Kenneth Shelton, Assistant District Attorney, for appellee, State of Tennessee. Judge: SMITH First Paragraph: The appellant, Timothy S. Oglesby, pled guilty to the offense of felonious possession of a weapon. He received a two (2)-year sentence. Contemporaneously with the entry of the guilty plea the appellant and the State entered an agreed order purporting to reserve a certified question of law for appeal pursuant to Tennessee Rule of Criminal Procedure 37(b)(2)(i). The certified question of law alleged to be dispositive of the case is stated in the agreed order as "the denial of his suppression motion." We hold that the absence in the judgment of the certified question of law or of a statement incorporating the agreed order into the judgment compels a dismissal of this appeal. In addition, the failure of the agreed order to set forth the certified question with sufficient specificity compels the dismissal of this appeal even if the agreed order had been incorporated by reference into the judgment. http://www.tba.org/tba_files/TCCA/oglesbytim.wpd
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