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Howard H. Vogel
STATE OF TENNESSEE, ex rel. DONNA J. COTTINGHAM v. WILLIAM B. COTTINGHAM Court:TCA Attorneys: James W. Surprise of Memphis for Appellant, William B. Cottingham Paul G. Summers, Attorney General and Reporter; Stuart F. Wilson-Patton, Senior Counsel, Office of Attorney General for Appellee, State of Tennessee, ex rel., Donna J. Cottingham Judge: CRAWFORD First Paragraph: This appeal concerns an order of the Williamson County Chancery Court finding William B. Cottingham in criminal contempt of court for failure to pay court-ordered child support and alimony. Mr. Cottingham appeals the order of the chancery court sentencing him to 170 days in jail for failure to comply with court orders concerning child support and alimony. We affirm. http://www.tba.org/tba_files/TCA/cottinghamdonnaj.wpd
BILL FOX, ET AL. v. STATE OF TENNESSEE Court:TCA Attorneys: W. Andrew Fox, Knoxville, Tennessee, for the appellants, Bill Fox and Debby Fox. Ronald C. Leadbetter, Knoxville, Tennessee, for the appellee, State of Tennessee. Judge: SUSANO First Paragraph: In this premises liability action, Debby Fox ("the plaintiff") and her husband, Bill Fox, filed a claim against the State of Tennessee ("the State") for damages sustained by the Foxes when the plaintiff was injured as a result of a fall from a stage during a play rehearsal on the campus of the University of Tennessee at Knoxville ("UT"). The claims commission found in favor of the State, holding (1) that the plaintiff failed to prove her claim of negligence and (2) that she was guilty of 100% of the fault in the accident. The plaintiff and her husband appeal, arguing, inter alia, that the evidence preponderates against the claims commission's determinations. We affirm. http://www.tba.org/tba_files/TCA/foxbill.wpd
IN RE: ESTATE OF MERLE JEFFERS MCFARLAND Court:TCA Attorneys: Charles R. Terry, Morristown, Tennessee, and Douglas T. Jenkins, Rogersville, Tennessee, for the appellant, Stephen D. McFarland, Administrator C.T.A. of the Estate of Merle Jeffers McFarland. Gene P. Gaby, Greeneville, Tennessee, for the appellee, James Cox. J. Robert Walker, Knoxville, Tennessee, for the appellee, the University of Tennessee Judge: SUSANO First Paragraph: We granted the application of Stephen D. McFarland ("the Administrator"), the Administrator C.T.A. of the Estate of Merle Jeffers McFarland ("the Testatrix"), for an interlocutory appeal pursuant to Tenn. R. App. P. 9, to answer the question of whether a gift of a percentage of the residuary, which lapses when the beneficiary predeceases the testator, passes to the other residuary beneficiaries or to the testator's heirs at law. The trial court held that, in such a situation, the bequest passes to the heirs at law. We affirm the decision of the trial court and remand for further proceedings. http://www.tba.org/tba_files/TCA/mcfarlanmerlej.wpd
ALBERT WILSON v. PATRICK MALONE AND CHASE CREEK, LLC, Court:TCA Attorneys: William C. Barnes, Jr., Columbia, for the appellant Albert Wilson. T. Turner Snodgrass, Nashville, for the appellee Patrick Malone. Judge: KIRBY First Paragraph: This case involves a dispute between partners. A builder and a realtor were partners in building and selling homes in Davidson County, Tennessee. Disputes arose over the profits and losses arising from five of the properties. The builder sued the realtor for a share of profits on certain properties and for builder's fees on all five properties. The realtor countersued for profits on certain properties. The trial court found the builder's proffered written agreement to be fraudulent and refused to admit it into evidence. The trial court heard testimony and reviewed documents as to the five properties, found the realtor's evidence to be credible, and granted a judgment in favor of the realtor. The builder appeals. We affirm the decision of the trial court, finding that the weight of evidence preponderates in favor of the realtor. http://www.tba.org/tba_files/TCA/wilsonalbert.wpd
STATE OF TENNESSEE v. TRACY LYNN FRANKS Court:TCCA Attorneys: Richard W. DeBerry, Assistant Public Defender, Camden, Tennessee, for the appellant, Tracy Lynn Franks. Paul G. Summers, Attorney General and Reporter; Rachel E. Willis, Assistant Attorney General; Robert "Gus" Radford, District Attorney General; and John W. Overton, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: OGLE First Paragraph: The appellant, Tracy Lynn Franks, pled guilty to aggravated assault, felony reckless endangerment, and felony evading arrest. Pursuant to the plea agreement, the appellant was sentenced to six years in the Tennessee Department of Correction for the aggravated assault conviction and four years each for the reckless endangerment and evading arrest convictions, with the sentences to be served concurrently. Additionally, the trial court imposed a $500.00 fine for the evading arrest conviction. On appeal, the appellant argues that the trial court erred in denying him probation. Upon review of the record and the parties' briefs, we affirm the judgments of the trial court. http://www.tba.org/tba_files/TCCA/frankstracyl.wpd
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