ERIC TETER v. REPUBLIC PARKING SYSTEM, INC.
Court:TCA
Attorneys:
John C. Harrison and William H. Horton, Chattanooga, Tennessee, for
the appellant, Republic Parking System, Inc.
B. Stewart Jenkins, Chattanooga, Tennessee, for the appellee, Eric
Teter.
Judge: SUSANO
First Paragraph:
In this employment law matter, Eric Teter brought suit against his
former employer, Republic Parking System, Inc. ("RPS"), alleging that
it had breached Teter's employment contract when it refused to honor
the severance pay provisions alluded to in the contract. RPS denied
that it had breached the contract, instead contending, inter alia,
that the plaintiff was guilty of "gross misconduct" which barred his
claim. The trial court granted the plaintiff's motion for summary
judgment, holding that the plaintiff was entitled to $795,037.35 under
the severance pay provisions. In addition, the trial court awarded
the plaintiff prejudgment interest at the rate of 10% per annum. RPS
appeals, arguing (1) that the trial court erred in determining the
plaintiff was discharged by RPS; (2) that the subject severance pay
provisions are not implicated by the facts of this case; (3) that the
severance pay provisions constitute an illegal penalty; (4) that RPS
should be permitted to rely upon after-acquired evidence of Teter's
misconduct to deny him severance pay; and (5) that, in any event, the
plaintiff was only entitled to receive 2 times his annual salary and
bonus under the severance pay provisions. In addition, RPS contends
that the trial court abused its discretion when it awarded prejudgment
interest to the plaintiff. We affirm.
http://www.tba.org/tba_files/TCA/tetereric.wpd
STATE OF TENNESSEE v. LINC SEBASTIAN BAIRD
Court:TCCA
Attorneys:
Mark E. Stephens, District Public Defender; Robert C. Edwards,
Assistant Public Defender, Knoxville, Tennessee, for the Appellant,
Linc Sebastian Baird.
Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; Renee W. Turner, Assistant Attorney General;
Randall E. Nichols, District Attorney General; and Leon Franks,
Assistant District Attorney General, for the Appellee, State of
Tennessee.
Judge: HAYES
First Paragraph:
The Appellant, Linc Sebastian Baird, appeals the sentencing decision
of the Knox County Criminal Court. Baird pled guilty to the crimes of
robbery and attempt to obtain a controlled substance by fraud and was
sentenced to consecutive sentences of five years for robbery and
three years for the criminal attempt. On appeal, Baird asserts that
the trial court erred by: (1) imposing excessive sentences and (2)
denying him an alternative sentence. After review of the record, we
find no error and affirm the sentences.
http://www.tba.org/tba_files/TCCA/bairdlincsebastian.wpd
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