GARY CLARK v. STANDARD IRON, INC. and LUMBERMAN'S CASUALTY INSURANCE
COMPANY v. SUE ANN HEAD, ADMINISTRATOR OF THE SECOND INJURY FUND FOR
THE STATE OF TENNESSEE.
Court:TSC - Workers Comp Panel
Attorneys:
Paul G. Summers, Diane Stamey Dycus, and Richard M. Murrell,
Nashville, Tennessee, for the Appellants, Sue Ann Head, Administrator
of the Second Injury Fund for the State of Tennessee.
Gerard M. Siciliano and Preston A. Hawkins, Luther-Anderson, P.L.L.P.,
Chattanooga,, Tennessee, for Appellees, Standard Iron, Inc. and
Lumberman's Mutual Casualty Insurance Company. J. Bartlett Quinn,
Chambliss,
Judge: CORLEW
First Paragraph:
This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with the provisions of Tennessee Code Annotated section 50-6-225(e)(3)
for hearing and reporting to the Supreme Court of findings of fact and
conclusions of law. The Second Injury Fund has appealed the action of
the trial court, which determined that the Employer, Standard Iron,
Inc., was responsible for payment of 25% of the award to the Worker,
Gary Clark, and that the Second Injury Fund was responsible for
payment of 75%. Upon our consideration of all of the evidence, we find
that the trial court properly determined all issues, but we find that
the award should be modified.
http://www.tba.org/tba_files/TSC_WCP/2005/clark072905.pdf
DAVID R. McPEAK v. SPECIALTY SURGICAL INSTRUMENTATION, INC., et al.
Court:TSC - Workers Comp Panel
Attorneys:
Allen Barnes, Nashville, Tennessee, for the Appellant, David R.
McPeak.
Vanessa R. Comerford, Brentwood, Tennessee, for the Appellee,
Specialty Surgical Instrumentation, Inc.
Judge: CORLEW
First Paragraph:
This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with the provisions of Tennessee Code Annotated section 50-6-225(e)(3)
for hearing and reporting to the Supreme Court of findings of fact and
conclusions of law. The Appellant, David R. McPeak, has appealed the
action of the trial court, which dismissed his cause of action for
failure to timely file his petition for reconsideration of disability
pursuant to Tennessee Code Annotated section 50-6-241. After a
thorough review of the record and the relevant caselaw, we conclude
that the petition was timely filed. Accordingly, we reverse the
judgment of the trial court and remand for further proceedings
consistent with this opinion.
http://www.tba.org/tba_files/TSC_WCP/2005/mcpeakd072905.pdf
I & L INVESTMENTS, LLC, ET AL. v. CAGLE'S CONSTRUCTION, LLC, ET AL.
Court:TCA
Attorneys:
Roger E. Jenne, Cleveland, Tennessee, for the appellants, I & L
Investments, LLC, and Wet Willy's Fireworks Supermarkets of Tennessee,
Inc.
Jimmy W. Bilbo, Cleveland, Tennessee, for the appellees, Cagle's
Construction, LLC and Ed Cagle.
Judge: SUSANO
First Paragraph:
I & L Investments, LLC ("I & L"), and Wet Willy's Fireworks
Supermarkets of Tennessee, Inc. ("Wet Willy's"), sued Cagle's
Construction, LLC, and Ed Cagle (collectively the "Cagles"), seeking
to enforce restrictive covenants with respect to real property owned
by Cagle's Construction, LLC. The trial court granted the defendants
summary judgment, holding that the defendants' tender of $100,000 to I
& L as liquidated damages pursuant to the provisions of a document
entitled "Settlement and Mutual Release" barred the plaintiffs'
attempt to enforce the restrictive covenants. The plaintiffs appeal
the trial court's judgment, contending that the court erred in failing
to enforce the restrictive covenants against the Cagles in view of
their plan to construct a building on the property for the purpose of
selling fireworks. We affirm.
http://www.tba.org/tba_files/TCA/2005/Ili72905.pdf
CURTIS MEREDITH v. CRUTCHFIELD SURVEYS, ET AL.
Court:TCA
Attorneys:
Curtis Meredith, LaFollette, Tennessee, appellant, pro se.
R. Loy Waldrop, Jr. and Kristi M. Bennett, Knoxville, Tennessee, for
the appellees, Crutchfield Surveys and Jerry Crutchfield.
Judge: SUSANO
First Paragraph:
Curtis Meredith sued Crutchfield Surveys and Jerry Crutchfield for
damages allegedly sustained by the plaintiff as a result of incorrect
surveys prepared by the defendants. The trial court dismissed the
plaintiff's suit. He appeals, asserting that the trial court erred in
dismissing his complaint. We hold that the plaintiff's suit was not
filed within the time specified in the applicable statute of repose
and that the plaintiff's generally-worded charge of fraud fails to
satisfy the requirements of Tenn. R. Civ. P. 9.02. Accordingly, the
judgment of the trial court is affirmed.
http://www.tba.org/tba_files/TCA/2005/meredithc72905.pdf
STATE OF TENNESSEE, DEPARTMENT OF CHILDREN'S SERVICES, v.
AAB, In the Matter of: NAB, (7/27/99)
Court:TCA
Attorneys:
James F. Taylor, Mt. Carmel, Tennessee, for appellant.
Paul G. Summers, Attorney General and Reporter, and Elizabeth C.
Driver, Assistant Attorney General, Nashville, Tennessee, for
appellee.
Judge: FRANKS
First Paragraph:
The Trial Court terminated the mother's parental rights on statutory
grounds. On appeal, we affirm.
http://www.tba.org/tba_files/TCA/2005/nab72905.pdf
APPOINTED TRUSTEES, RALPH S. DAVIS, HERMAN TRAMMELL, and WENDELL
TRAMMELL, v. RONNIE YANCEY and wife, RITA YANCEY, and JOE TRAMMELL,
JR., and wife, LINDA TRAMMELL, ET AL.
Court:TCA
Attorneys:
Timothy P. Webb, Jacksboro, Tennessee, for appellant, Trammell
Cemetery Trust.
Charles B. Sexton, Oneida, Tennessee, for appellees.
Judge: FRANKS
First Paragraph:
In this action, the Trial Court granted appellees summary judgment
which adjudicated fewer than all of the claims or rights and liability
of all of the parties. We dismiss the appeal from that Judgment and
remand with instructions.
http://www.tba.org/tba_files/TCA/2005/trammell72905.pdf
STATE OF TENNESSEE v. WILLIAM YATES CRAMER
Court:TCCA
Attorneys:
Jim W. Horner, District Public Defender, and Patrick R. McGill (on
appeal) and James E. Lanier (at trial), Assistant Public Defenders,
for the appellant, William Yates Cramer.
Paul G. Summers, Attorney General and Reporter; Benjamin A. Ball,
Assistant Attorney General; C. Phillip Bivens, District Attorney
General; and Karen Waddell Burns, Assistant District Attorney General,
for the appellee, State of Tennessee.
Judge: TIPTON
First Paragraph:
The defendant, William Yates Cramer, was convicted by a Lake County
Circuit Court jury of driving under the influence of an intoxicant
(DUI), second offense, a Class A misdemeanor. The trial court imposed
a sentence of eleven months, twenty-nine days, with probation after
ninety days in jail and ordered the defendant to pay a fine of
$600.00. On appeal, the defendant contends that (1) the evidence is
insufficient to support his conviction, (2) the trial court erred by
allowing the state to use his prior conviction for aggravated assault
to impeach his testimony, and (3) his sentence of confinement violates
Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531 (2004). We affirm
the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/2005/cramer072905.pdf
STATE OF TENNESSEE v. BOBBY JOE LESTER
Court:TCCA
Attorneys:
Kamilah E. Turner, Memphis, Tennessee, Attorney for the Appellant,
Bobby Joe Lester.
Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; David E. Coenen, Assistant Attorney General;
William L. Gibbons, District Attorney General; Reginald Henderson and
Paul Hagerman, Assistant District Attorneys General, for the Appellee,
State of Tennessee.
Judge: WILLIAMS
First Paragraph:
The Appellant, Bobby Joe Lester, was convicted of attempted first
degree murder, especially aggravated kidnapping, and coercion of a
witness. As a result of these convictions, Lester received an
effective eighty-five year sentence. On appeal, Lester argues that:
(1) the evidence was not sufficient to support the verdicts; (2) the
trial court erred in failing to dismiss a juror; and (3) consecutive
sentencing was improper. After a review of the record, we conclude
that the proof is sufficient to support Lester's convictions on all
counts. Moreover, we conclude issues (2) and (3) are without merit.
http://www.tba.org/tba_files/TCCA/2005/lesterbj072905.pdf
STATE OF TENNESSEE v. BOBBY JOE LESTER
Court:TCCA
HAYES DISSENTING
http://www.tba.org/tba_files/TCCA/2005/lesterbj_dis072905.pdf
MICHAEL A. POUNDS v. KEVIN MYERS, WARDEN, STATE OF TENNESSEE
Court:TCCA
Attorneys:
Michael A. Pounds, Pro Se.
Paul G. Summers, Attorney General and Reporter; Renee W. Turner,
Assistant Attorney General; and Mike Bottoms, District Attorney
General, for the appellee, Kevin Myers, Warden, State of Tennessee.
Judge: WELLES
First Paragraph:
The Defendant, Michael A. Pounds, appeals from the trial court's
dismissal of his petition seeking habeas corpus relief. The State has
filed a motion requesting that this court affirm the trial court's
dismissal of the petition pursuant to Rule 20, Rules of the Court of
Criminal Appeals. The State's motion is granted. The judgment of the
trial court is affirmed.
http://www.tba.org/tba_files/TCCA/2005/poundsm72905.pdf
STATE OF TENNESSEE v. JOHN C. WALKER, III
Court:TCCA
Attorneys:
David N. Brady, District Public Defender, and John B. Nisbet, III,
Assistant Public Defender, for the appellant, John C. Walker, III.
Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger,
Assistant Attorney General; William E. Gibson, District Attorney
General; and Anthony J. Craighead, Assistant District Attorney
General, for the appellee, State of Tennessee.
Judge: WILLIAMS
First Paragraph:
This case is before us after remand by the Tennessee Supreme Court.
The Appellant, John C. Walker, III, was convicted of second degree
murder and sentenced to twenty-five years. On direct appeal, this
court originally affirmed the conviction and sentence. See State v.
John C. Walker, III, No. M2003-01732-CCA-R3-CD (Tenn. Crim. App. at
Nashville, filed Aug. 11, 2004). Subsequently, this court granted the
Appellant's motion to rehear, pursuant to Tennessee Rule of Appellate
Procedure 39, as to the application of enhancement facts, in light of
Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531 (2004). Upon
rehearing, the Appellant's sentence was reduced to twenty years due to
Blakely violations in the application of enhancement factors. See
State v. John C. Walker, III, No. M2003-01732-RC-CD (Tenn. Crim. App.
at Nashville, filed Feb. 8, 2005), perm. to appeal granted (Tenn. June
20, 2005). Subsequently, our supreme court released the case of State
v. Edwin Gomez and Jonathan S. Londono, No. M2002-01209- SC-R77-CD,
____ S.W.3d ____ (Tenn. Apr. 15, 2005). Therein, the court concluded
that Tennessee's sentencing structure is not impacted by Blakely. This
case has now been remanded to this court for reconsideration in light
of Gomez. See State v. John C. Walker, III, No. M2003- 01732-SC-R11-CD
(Tenn. at Nashville, June 20, 2005). After our review in light of
State v. Gomez, we affirm the conviction and sentence as imposed by
the trial court.
http://www.tba.org/tba_files/TCCA/2005/walkerj72905.pdf
Interpretation of Tenn. Code Ann. S 7-2-106 regarding referendum on
metropolitan charter
Date: July 26, 2005
Opinion Number: 05-115
http://www.tba.org/tba_files/AG/2005/op115.pdf
State House Legislative District as a Jurisdiction for Drug Dealer
Liability
Date: July 27, 2005
Opinion Number: 05-116
http://www.tba.org/tba_files/AG/2005/op116.pdf
Tenn. Code Ann. S 13-7-208(d) Protection of Nonconforming Billboards
Date: July 27, 2005
Opinion Number: 05-117
http://www.tba.org/tba_files/AG/2005/op117.pdf
District Attorneys General -- Contract With Debt Collection Agency
Date: July 27, 2005
Opinion Number: 05-118
http://www.tba.org/tba_files/AG/2005/op118.pdf
Members of the Blount County Regional Planning Commission
Date: July 27, 2005
Opinion Number: 05-119
http://www.tba.org/tba_files/AG/2005/op119.pdf
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