SUPREME COURT OF TENNESSEE
SUPREME COURT DISCRETIONARY APPEALS
Court:TSC - Rules
JERRY BALES v. DIALYSIS CLINIC, INC.
Denny E. Mobbs, Cleveland, Tennessee, for Appellant.
Tim K. Garrett, Nashville, Tennessee, for Appellee.
Action alleged retaliatory discharge for filing workers compensation
claim. Employer defended termination on grounds employee was unable
to perform his job due to disability. The Trial Court granted
defendant summary judgment. We affirm.
LATASHA MARIE WHITTINGTON-BARRETT v. CHARLES SPRINKLE
Latasha Marie Whittington-Barrett, Whiteville, Tennessee, pro se.
The Chancery Court transferred this action to Circuit Court and
plaintiff has appealed the transfer. We affirm.
ELLEN HOPSON BELL v. WILLIAM HALL BELL
William H. Bell, appellant, Greeneville, Tennessee, Pro Se.
Sandra Lee Stanbery-Foster, Greeneville, Tennessee, for the appellee,
Ellen Hopson Bell.
The matter now before us finds its genesis in a divorce action brought
by Ellen Hopson Bell ("Wife") against her husband, William Hall Bell
("Husband"). In her complaint for divorce, Wife sought, inter alia,
reasonable attorney's fees. She renewed her request for fees at the
conclusion of the divorce trial. Without conducting a hearing, the
trial court ordered Husband to pay Wife $5,000, representing one half
of her reasonable legal expenses incurred in the divorce. Husband
appealed. We subsequently vacated the trial court's judgment,
remanding the matter to the trial court for a hearing on the issue of
Wife's entitlement to a fee award. The trial court conducted a
hearing and subsequently ordered Husband to pay Wife $5,250 as an
allowance on her legal expenses. Husband appeals. We affirm and hold
that Wife is entitled to her fees and expenses incurred on appeal.
RHONDA ELAINE BOLICK v. RONALD DALE BOLICK
John T. Rice, Chattanooga, Tennessee, for Appellant.
James A. Meaney, III, Chattanooga, Tennessee, for Appellee.
Husband appeals property settlement award to wife in divorce action.
On appeal, we affirm.
MECHELLE E. ELOSIEBO v. STATE OF TENNESSEE
Richard L. Duncan and Cary L. Bauer, Knoxville, Tennessee, for
Ronald C. Leadbetter, Knoxville, Tennessee, for Appellee.
The Commissioner found defendant's physician breached the standard of
care in the treatment of plaintiff, but refused to award damages. On
appeal, we affirm Commissioner's finding of breach, but award damages
and remand to enter Judgment.
WILLIAM EUGENE JESSUP v. MARCIA J. TAGUE
Arthur P. Brock and Neil A. Brunetz, Chattanooga, Tennessee, for
Lisa Z. Espy, Chattanooga, Tennessee, and H. Edward Marks, Jr.,
Loganville, Georgia, for Appellee.
In this dispute between attorney and client, a jury awarded the client
damages against the attorney which award was approved by the Trial
Court. On appeal, we affirm.
TRACY D. SIMPSON KRIES v. TIMOTHY MAURICE KRIES
James W. Brooks, Jr., Wartburg, Tennessee, for Appellant.
James M. Webster, Clinton, Tennessee, for Appellee.
The Trial Court awarded child support from birth of the child to
marriage of the parties, subsequent to their divorce. The father
appealed. We affirm.
FRED SIMMONS TRUCKING, INC., v. UNITED STATES FIDELITY AND GUARANTY
COMPANY and its successors in interest, HARTFORD FIRE INSURANCE
Melinda Meador and Erica Taylor Greene, Knoxville, Tennessee and
Thomas Hickey, of Counsel, Chattanooga, Tennessee, for Appellant,
Hartford Fire Insurance Company.
Robert L. Widerkehr, Jr., Chattanooga, Tennessee, for Appellee.
In this breach of contract action based on a policy of insurance, the
Trial Court determined defendant had breached the contract and awarded
compensatory damages, as well as punitive damages. On appeal, we
reverse in part, affirm in part, vacate and remand.
JEANNETTE CUTRER DAY SINIARD v. MARK ALAN SINIARD
Glenna M. Ramer, Chattanooga, Tennessee, for the appellant, Mark Alan
Phillip C. Lawrence, Chattanooga, Tennessee, for the appellee,
Jeannette Cutrer Day Siniard.
In this post-divorce case, Jeannette Cutrer Day Siniard ("Mother")
sought to modify the parties' residential schedule pertaining to their
children. That schedule provided that Caroline Siniard and Wesley
Siniard (collectively "the children") would alternate weeks between
Mother's home and the home of their father, Mark Alan Siniard
("Father"). The trial court granted Mother's request in part by
designating her as the primary residential parent of Caroline. In a
subsequent order granting Mother child support, the trial court went
further and designated Mother as the primary residential parent of
both children. Father appeals, contending, among other things, that
Mother failed to show a material change in circumstances warranting a
modification of the residential schedule. We affirm.
STATE OF TENNESSEE v. JASON D. LOVE
Steve McEwen (on appeal), Mountain City, Tennessee, and Raymond Mack
Garner (at trial and on appeal), District Public Defender, for the
appellant, Jason D. Love.
Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger,
Assistant Attorney General; Michael L. Flynn, District Attorney
General; and Michael A. Gallegoes, Assistant District Attorney
General, for the appellee, State of Tennessee.
The defendant, Jason D. Love, appeals the trial court's denial of
alternative sentences. The defendant pled guilty to three counts of
delivery of less than .5 grams of a Schedule II controlled substance,
a Class C felony. Following a hearing, the trial court denied
alternative sentencing and ordered the defendant to serve his
sentences in confinement. After careful review, we affirm the trial
court's denial of alternative sentencing.
STATE OF TENNESSEE v. DONALD W. STRECK
Bruce E. Poston, Knoxville, Tennessee, for the Appellee, Donald W.
Paul G. Summers, Attorney General & Reporter; Renee W. Turner,
Assistant Attorney General; Randall E. Nichols, District Attorney
General; and Jeff Blevins, Assistant District Attorney General, for
the Appellant, State of Tennessee.
The state appeals from the Knox County Criminal Court's order granting
Donald W. Streck's motion to receive jail credits toward his Tennessee
sentence for time that he spent in federal custody serving federal
sentences. Because the lower court did not have jurisdiction to
entertain the motion, we reverse.
STATE OF TENNESSEE v. JODY LEE TURNER
David Brady, District Public Defender; and John B. Nisbet, III, and
Joe L. Finley, Jr., Assistant District Public Defenders, Cookeville,
Tennessee, for the Appellant, Jody Lee Turner.
Paul G. Summers, Attorney General & Reporter; Kathy D. Aslinger,
Assistant Attorney General; William E. Gibson, District Attorney
General; and Kevin Poore, Assistant District Attorney General, for the
Appellee, State of Tennessee.
Following his guilty plea to two counts of theft, the defendant, Jody
Lee Turner, was sentenced in the Cumberland County Criminal Court to
an effective four-year term to be served on probation, supervised by a
community corrections program agency. A few weeks later, the court
revoked the community placement and ordered the defendant to serve his
four-year sentence in the Department of Correction. From that order,
the defendant appeals. Upon review, we affirm the judgments below.