WAED H. ALASSAADIv. DAVIDSON TRANSIT ORGANIZATION
Court: TWCA
Attorneys:
Stanley A. Davis, Nashville, Tennessee, for the appellant, Waed
Alassaadi.
Terry L. Hill, Nashville, Tennessee, for the appellee, Davidson
Transit Organization.
Judge: HARRIS
This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel in accordance with 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.In this
appeal, the employee asserts that the trial court erred in finding he
was not entitled to reimbursement for medical expenses for
unauthorized physicians and in finding he sustained only a 5%
permanent partial disability to the whole person as the result of an
injury occurring during the course of the appellant's employment with
the Davidson Transit Organization.We conclude that the evidence
presented supports the findings of the trial judge and, in accordance
with Tennessee Code Annotated section 50-6-225(e)(2), affirm the
judgment of the trial court.
http://www.tba.org/tba_files/TSC_WCP/2005/alissaadiw82405.pdf
MELINDA DIANE ANDERSON (BYRD) v. DONALD MATTHEW ANDERSON, SR.
Court: TCA
Attorneys:
John Banks Link, Nashville, Tennessee, for the appellant, Melinda
Diane Anderson Byrd.
Charles Hill Beaty, Gallatin, Tennessee, for the appellee, Donald
Matthew Anderson, Sr.
Judge: CAIN
In this extended post-divorce battle over child support, alimony,
property division and variousother imaginative issues, the trial
court granted summary judgment to the defendant.The judgment of the
trial court is vacated, and the cause is remanded for trial of
specific issues.
http://www.tba.org/tba_files/TCA/2005/andersonm82405.pdf
ELORIS WILLIAMS PRESLEY v. CHARLES RAY SATTLER
Court: TCA
Attorneys:
Eloris Williams Presley, Madison, Tennessee, Pro Se.
Charles Sattler, Eunice, Louisiana, Pro Se.
Judge: KOCH
This appeal involves a former wifeâs efforts to recover damages from
her former husband formisdeeds during their marriage and following
their divorce.Approximately ten years after the partiesâ divorce in
Louisiana, the former wife filed a pro se complaint in the Circuit
Court forDavidson County seeking to recover $10,000,000 from her
former husband for ãeight years of trauma and distress, abuse and
torture.äThe former husband filed a pro se ãexceptionä to thetrial
courtâs subject matter jurisdiction.The trial court dismissed the
complaint, and the former wife has appealed.We affirm the dismissal
of the complaint.
http://www.tba.org/tba_files/TCA/2005/presleye82405.pdf
FREDERICK MARTIN UMANS v. DEBORAH LYNNE UMANS
Court: TCA
Attorneys:
Clark Lee Shaw, Nashville, Tennessee, for the appellant, Frederic
Martin Umans.
Thomas F. Bloom, Nashville, Tennessee, for the appellee, Deborah Lynn
Umans.
Judge: COTTRELL
Former husband appeals trial courtâs denial of a reduction in
alimony, the effective date of thechild support reduction, the award
of attorneyâs fees and the finding of criminal contempt.The trial
court is affirmed in all respects except the finding of criminal
contempt which is reversedfor lack of proof of willfulness.
http://www.tba.org/tba_files/TCA/2005/umansf82405.pdf
BEN PRUITT v.CITY OF MEMPHIS AND CITY OF MEMPHIS CIVIL SERVICE
COMMISSION
Court: TCA
Attorneys:
Sara L. Hall, City Attorney, and Carmalita Carletos-Drayton,
Assistant City Attorney, Memphis,Tennessee, for the appellant, City
of Memphis.
Thomas E. Hansom, Memphis, Tennessee, for the appellee, Ben Pruitt.
Judge: KIRBY
This is an appeal from the trial courtâs reversal of an
administrative decision.The plaintiffpolice officer was involved in a
one-car collision while driving a police van.At the time, he was on
sick leave and was not authorized to be driving the van.The van
contained numerous high-powered police weapons.After the accident,
the officer locked the van and left it at the accident scene
overnight.The next day, the officer notified the police department
about the accident.The officer was later terminated for his conduct
arising out of the accident.The officer appealed his termination to
the Civil Service Commission, which upheld the termination.The
officer thenfiled the instant lawsuit in the lower court, seeking a
review of the Commissionâs decision.The trial court reversed the
Commission, holding that no material evidence supported its decision
touphold the termination.From that decision, the City now appeals.We
reverse the decision of the trial court and uphold the Civil Service
Commissionâs decision to terminate the plaintiffofficer, finding
material evidence in the record to support the Civil Service
Commissionâs decision.
http://www.tba.org/tba_files/TCA/2005/pruittb82405.pdf
STEPHANIE TODD WATSON v. TIMOTHY JAMES WATSON
Court: TCA
Attorneys:
Harold F. Johnson, Jackson, for defendant/appellant Timothy James
Watson
Betty Stafford Scott, Jackson, and Mary Jo Middlebrooks, Jackson, for
plaintiff/appelleeStephanie Todd Watson
Judge: KIRBY
This case is about parental relocation and child custody. The parents
of a minor child divorced in2001.Both parents lived in Lexington,
Tennessee, and, at the time of the divorce, agreed to joint
custody.The child alternated daily between the parentsâ homes.In
2002, the mother remarriedand moved to Murfreesboro, Tennessee.The
mother petitioned the court to designate her as primary residential
parent and allow her to move the child with her to Murfreesboro.The
fatheropposed the petition and asked the court to designate him as
the primary residential parent. The trial court found that it was in
the childâs best interest to move to Murfreesboro with the mother,and
designated her as primary residential parent.The father appealed.We
affirm, finding that the evidence does not preponderate against the
trial courtâs decision to designate mother as primaryresidential
parent and permit the child to move with her.
http://www.tba.org/tba_files/TCA/2005/watsons82405.pdf
STATE OF TENNESSEE v. ROGER GENE DAVIS
Court: TCCA
Attorneys:
J. Liddell Kirk, Knoxville, Tennessee, for the Appellant, Roger Gene
Davis.
Paul G. Summers, Attorney General & Reporter; Renee W. Turner,
Assistant Attorney General; Randall E. Nichols, District Attorney
General; and Deborah Herron, Assistant District Attorney General, for
the Appellee, State of Tennessee.
Judge: WITT
The defendant, Roger Gene Davis, stands convicted of aggravated
assault and robbery, for which he was ordered to serve an effective
six-year sentence.Aggrieved of his convictions and sentences, the
defendant brings this instant appeal challenging the sufficiency of
the evidence to support his convictions and the trial courtâs
imposition of consecutive sentences.After reviewing the record, we
affirm the judgments of the lower court.
http://www.tba.org/tba_files/TCCA/2005/davisr82405.pdf
STATE OF TENNESSEE v. MARLON AVERY BUSSELL
Court: TCCA
Attorneys:
Mike Whalen, Knoxville, Tennessee, for the appellant, Marlon Avery
Bussell.
Paul G. Summers, Attorney General and Reporter; David E. Coenen,
Assistant Attorney General; Randall E. Nichols, District Attorney
General; and Kevin J. Allen, Assistant District Attorney General, for
the appellee, the State of Tennessee.
Judge: WOODALL
Defendant, Marlon Avery Bussell, was indicted for first degree felony
murder in count one, and for attempted especially aggravated robbery
in count two.Following a jury trial, Defendant was found guilty of
the lesser included offense of criminally negligent homicide, a Class
E felony, in count one, and of the lesser included offense of
attempted robbery, a Class D felony, in count two.The trial court
sentenced Defendant as a Range I, standard offender to two years for
his criminally negligent homicide conviction and four years for his
attempted robbery conviction, and ordered the sentences to be served
concurrently.The trial court denied Defendantâs request that he be
granted alternative sentencing, and ordered Defendant to serve his
sentences in confinement.On appeal, Defendant challenges the length
of his sentences and the trial courtâs denial of alternative
sentencing.He does not challenge the sufficiency of the convicting
evidence.Following a thorough review of the record, we affirm the
judgments of the trial court.
http://www.tba.org/tba_files/TCCA/2005/bussellm82405.pdf
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