Opinion FlashOctober 20, 2004
Volume 10 Number 203
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
ORLANDO F. SEGNERI ET AL., v. VERA M. MILLER ET AL. Court:TCA Attorneys: Keith C. Dennen, Natalya L. Rose, Nashville, Tennessee, for the appellants, Vera M. Miller and Constance A. Miller. Michael W. Edwards, Hendersonville, Tennessee, for the appellees, Orlando F. Segneri and Cynthia Segneri. Judge: COTTRELL First Paragraph: This appeal involves a dispute concerning a lease purchase agreement. Tenants filed a complaint for declaratory judgment, seeking a declaration that they had a right to purchase the property at the price established in a separate sales agreement and, alternatively, that they were entitled to reimbursement for $50,000 worth of improvements they made to the residence while they rented it. The trial court found that the sales contract had expired and ordered Tenants to vacate the property. The trial court further ordered Landlords to reimburse Tenants for over $45,000 in improvements. Both parties appeal the amount of the reimbursement. Because we find no basis under the lease to either require the Landlords to reimburse Tenants for their improvements or to deny Landlords an award of attorney's fees, we reverse the judgment in part. http://www.tba.org/tba_files/TCA/segneriorlandof.wpd
VERA LYNNE STILES, ET AL v. MEIGS COUNTY, TENNESSEE d/b/a MEIGS COUNTY AMBULANCE SERVICE, ET AL Court:TCA Attorneys: Kevin T. Beck, Chattanooga, Tennessee, for the Appellants. Michael E. Evans, Nashville, Tennessee, for the Appellee. Judge: LEE First Paragraph: This is an appeal from a judgment in favor of the Defendants in a professional negligence case against a paramedic and his governmental employer pursuant to the Tennessee Governmental Tort Liability Act. The Plaintiffs filed a notice of appeal and subsequently filed a short narrative statement of evidence. The Defendants filed a motion to strike the statement of evidence and dismiss the appeal asserting that the statement of evidence was not timely filed and that the Plaintiffs failed to give notice that no transcript or only a partial transcript would be filed. The trial court transferred the matter to this Court to resolve. We denied the motion to dismiss and granted an extension of time to the Plaintiffs for the late filing of the statement of evidence. Then the Defendants filed a counter- statement of the evidence asserting that the Plaintiffs' statement of evidence was not accurate. We remand this cause to the trial court to determine whether the Plaintiffs' statement of evidence is a fair, accurate, and complete account of what transpired in the trial court with respect to those issues which form the bases for this appeal. http://www.tba.org/tba_files/TCA/stilesveral.wpd
STATE OF TENNESSEE v. ANDREW JOHN BELLAMY Court:TCCA Attorneys: Kenneth F. Irvine, Jr., Knoxville, Tennessee, for the appellant, Andrew John Bellamy. Paul G. Summers, Attorney General & Reporter; Kathy D. Aslinger, Assistant Attorney General; Greeley Wells, District Attorney General; and William Crabtree, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: SMITH First Paragraph: The appellant, Andrew John Bellamy, pled guilty to driving on a revoked license and third offense DUI and reserved, with the consent of the State and the court, the right to appeal a certified question of law that is dispositive of the case. The certified question of law relates to whether the trial court was correct in overruling the appellant's motion to suppress all the evidence introduced against the appellant because of an allegedly illegal stop of his vehicle. For the following reasons, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/bellamyandrew.wpd
STATE OF TENNESSEE v. TAMMY CHEAK TRENT Court:TCCA Attorneys: Barry H. Valentine, Newport, Tennessee, for the Appellant, Tammy Cheak Trent. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Renee W. Turner, Assistant Attorney General; Al Schmutzer, Jr., District Attorney General; and James B. Dunn, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: HAYES First Paragraph: The Appellant, Tammy Cheak Trent, appeals the sentencing decision of the Cocke County Circuit Court. Under the terms of a plea agreement, Trent entered a best interest plea to the class E felony of accessory after the fact and received an agreed one-year sentence. Following a sentencing hearing, the trial court sentenced Trent to one-year confinement in the Department of Correction. Trent appeals arguing that (1) the trial court's sentence of confinement is in conflict with applicable sentencing principles and (2) the procedures employed by the trial court at the sentencing hearing "compelled [Trent] to involuntarily become a witness against herself." Finding merit to these contentions, we modify Trent's sentence to reflect a split-confinement sentence of one year with service of thirty days in confinement followed by supervised probation. http://www.tba.org/tba_files/TCCA/trenttammycheak.wpd
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