Opinion FlashFebruary 27, 2004
Volume 10 Number 039
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.This Issue (IN THIS ORDER):
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Howard H. Vogel
HAMEED ALFARAJ v. S-3 PERSPECTIVES, INC., D/B/A EXPRESS PERSONNEL SERVICES Court:TSC - Workers Comp Panel Attorneys: Stanley A. Davis, Nashville, Tennessee, for the appellee Hameed Alfaraj. Dale A. Tipps, Nashville, Tennessee, for the appellant, S-3 Perspectives, Inc., d/b/a/ Express Personnel Services. Judge: WEATHERFORD First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann. S50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The employer appeals the judgment of the trial court finding that the employee sustained a work-related injury resulting in a 5% anatomical impairment and a 95% vocational disability to his right upper extremity. The employer contends that the evidence preponderates against a finding that the employee suffered from carpal tunnel syndrome; and that the trial court erred in relying on the testimony of the employee's medical expert. The panel has concluded that the judgment of the trial court should be affirmed. http://www.tba.org/tba_files/TSC_WCP/alfarajhameed.wpd
MELODY LYNN MICHAEL v. JOHN WILLIAM MICHAEL, JR. Court:TCA Attorneys: Robert M. Cohen, Maryville, Tennessee, for the appellant, John William Michael, Jr. Jerry G. Cunningham and Melanie E. Davis, Maryville, Tennessee, for the appellee, Melody Lynn Michael. Judge: SUSANO First Paragraph: On September 6, 2002, Melody Lynn Michael ("Wife") filed suit against her husband, John William Michael, Jr. ("Husband"), seeking a divorce, custody of the couple's minor child, and ancillary relief. The complaint reflects that Husband is an active-duty member of the United States Air Force. Service of process on Husband was attempted through the Secretary of State "by certified or registered mail" directed to Husband at his acknowledged address in Waldorf, Maryland. The Secretary of State notified the clerk of the trial court that his correspondence to Husband was returned by the United States Postal Service with the notation that it was "refused." When there was no response filed by Husband to Wife's complaint, Wife, on November 25, 2002, filed a motion for default judgment. The motion was heard and granted on January 6, 2003, and subsequently memorialized in a default judgment and judgment of divorce entered January 24, 2003. A motion to set aside the default judgment and judgment of divorce was filed by Husband on February 14, 2003. Following a hearing on April 7, 2003, the trial court entered an order on May 6, 2003, denying the motion. Husband appeals. We affirm. http://www.tba.org/tba_files/TCA/michaelml.wpd
TANIKIA YOLANDA BOONE v. HOUSTON GIBSON, JR. Court:TCA Attorneys: John M. Higgason, Jr., Chattanooga, Tennessee, for the appellant, Houston Gibson, Jr. Bruce C. Bailey, Chattanooga, Tennessee, for the appellee, Tanikia Yolanda Boone. Judge: SUSANO First Paragraph: Tanikia Yolanda Boone ("the tenant") sued Houston Gibson, Jr. ("the landlord"), seeking damages and other relief for wrongful eviction and for the wrongful withholding of her personal possessions, pursuant to the Uniform Residential Landlord and Tenant Act ("the URLTA"), Tenn. Code Ann. S 66-28-101, et seq. (1993 & Supp. 2003). The tenant attempted service on the landlord by having the landlord's process served on Donna Gibson, the landlord's former wife. After the landlord failed to respond to the complaint, the tenant filed a motion for default judgment. The trial court granted the motion and awarded the tenant damages of $20,000 and attorney's fees and costs totaling $3,500. Approximately two years later, in response to the tenant's efforts to execute on her judgment, the landlord filed a motion to dismiss the default judgment on the ground that the trial court lacked personal jurisdiction over him. Following a hearing on the landlord's motion, the trial court held that the landlord's former wife had authority as his agent to accept service of process on his behalf. We affirm. http://www.tba.org/tba_files/TCA/noonety.wpd
MYRTLE MARIE STAGNER v. LLOYD OTIS STAGNER WITH CONCURRING OPINION Court:TCA Attorneys: Douglas R. Beier, Morristown, Tennessee, for the Appellant, Myrtle Marie Stagner. P. Richard Talley, Dandridge, Tennessee, for the Appellee, Lloyd Otis Stagner. Judge: SWINEY First Paragraph: After nineteen years of marriage, Myrtle Marie Stagner ("Wife") sued Lloyd Otis Stagner ("Husband") for divorce. After trial, the Trial Court ordered, inter alia, the marital home sold and awarded Wife sixty percent of the proceeds with ten percent being alimony in solido in lieu of any other alimony. The Trial Court also characterized as Husband's separate property the appreciation of Husband's separate pre-marital property. Wife appeals as to both the alimony and the property division. We affirm, in part, and vacate, in part, and remand. http://www.tba.org/tba_files/TCA/stagnerm_opn.wpd CONCURRING OPINION http://www.tba.org/tba_files/TCA/stagnerm_con.wpd
LOTTIE FAYE TAYLOR, ET AL. v. JOHNNY C. CARLIN, ET AL. Court:TCA Attorneys: Lloyd R. Tatum, Henderson, TN, for Appellants Terry Abernathy, Selmer, TN, for Appellees Judge: HIGHERS First Paragraph: This case involves a boundary line dispute. The plaintiffs brought this action to have the trial court determine the true boundary line between the western edge of plaintiffs' property and the eastern edge of the adjacent property belonging to defendants. After conducting a hearing, the lower court drew a boundary based largely upon the line used in the applicable property tax assessment maps. Defendants argue that the evidence preponderates against the location of the boundary as drawn by the trial court. They contend that the plaintiffs acquiesced to a boundary line further to the west that is marked by a fence running through the disputed property. For the following reasons, we affirm the ruling of the lower court. http://www.tba.org/tba_files/TCA/taylorl.wpd
JAMES H. CRAWFORD V. STATE OF TENNESSEE Court:TCCA Attorneys: Mark H. Toohey, Kingsport, Tennessee, for the appellant, James H. Crawford. Paul G. Summers, Attorney General & Reporter; Jennifer L. Bledsoe, Assistant Attorney General; Greeley Wells, District Attorney General; and James Goodwin, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: SMITH First Paragraph: On March 23, 1998, The petitioner pled guilty to six (6) counts of attempt to commit incest and six (6) counts of attempt to commit rape. He was sentenced to six (6) years for each count, all to be served concurrently to each other. On March 20, 2002, he filed a Petition for Post-Conviction Relief. He based his petition on two grounds of relief, attorney misrepresentation and DNA analysis under Tennessee Code Annotated section 40-30-403. The trial court dismissed the petition as time-barred on the attorney misrepresentation issue and as not meeting the statutory requirements on the DNA issue. The petitioner appeals the trial court's decision. We affirm the trial court. http://www.tba.org/tba_files/TCCA/crawfordjames.wpd
STATE OF TENNESSEE v. DENNIS RAY JONES AND PAMELA KAY BARKER WITH CONCURRING OPINION Court:TCCA Attorneys: Victoria L. DiBonaventura, Paris, Tennessee (at trial), and Benjamin S. Dempsey, Huntingdon, Tennessee (on appeal), for the appellants, Dennis Ray Jones and Pamela Kay Barker. Paul G. Summers, Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; Robert "Gus" Radford, District Attorney General; and Steven L. Garrett, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: OGLE First Paragraph: Appellant Dennis Ray Jones was convicted in the Henry County Circuit Court of manufacturing methamphetamine and was sentenced to three years incarceration in the Tennessee Department of Correction. Appellant Pamela Kay Barker was convicted of criminal responsibility for facilitating the manufacturing of methamphetamine and was sentenced to two years incarceration in the Tennessee Department of Correction. On appeal, the appellants raise numerous issues, including the trial court's ruling on a motion to suppress, the sufficiency of the evidence, and sentencing. Upon review of the record and the parties' briefs, we affirm the judgments of the trial court but remand for a correction of Appellant Barker's judgment of conviction. http://www.tba.org/tba_files/TCCA/jonesdr_opn.wpd CONCURRING OPINION http://www.tba.org/tba_files/TCCA/jonesdr_con.wpd
ANTHONY MURFF v. STATE OF TENNESSEE Court:TCCA Attorneys: William Dan Douglas, Jr., Ripley, Tennessee, for the appellant, Anthony Murff. Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; Elizabeth T. Rice, District Attorney General; and Tracey A. Brewer, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: This is an appeal by the petitioner from the denial of his post-conviction relief petition. The petitioner was originally convicted of especially aggravated robbery and sentenced to 60 years at 100% service. After careful review, we affirm the denial of post-conviction relief. http://www.tba.org/tba_files/TCCA/murffa.wpd
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