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DEMETRICA BELL v. CATHY ANN BELL
Cathy Ann Bell, Cheraw, South Carolina, Pro Se.
Christoper W. Barbar, Clarksville, Tennessee, for the appellee, Demetrica Bell.
Wife appeals from the trial court's final decree of divorce, alleging various deficiencies in the
proceedings. Based on the limited record before us, which includes Wife's specific waiver of
most of the issues she now raises, we affirm the trial court.
RONALD F. FLEMING v. JIM MURPHY, ET AL.
Felix H. Bean, III, Memphis, TN, for Appellant
Garrett M. Estep, Memphis, TN, for Appellees
The plaintiff buyer, a Texas resident, became aware of a used car for sale in Memphis through an
internet advertisement. The plaintiff contacted the defendant who had prepared the internet
advertisement for the seller, and who provided him with the phone number of the defendant seller.
The plaintiff and the defendant seller agreed that the plaintiff would travel to the seller's house in
Memphis to see the car and decide whether to purchase it for $38,000. The plaintiff and his stepson
drove to the seller's home in Memphis, inspected the car, and took it on a short test-drive. The
plaintiff noted several problems with the car during the test-drive, but declined the defendant seller's
offer to have the car inspected by a Memphis area mechanic prior to purchase. The plaintiff tendered
full payment for the car, and he and the seller signed a bill of sale that contained "as is" disclaimers
of warranty. After the plaintiff arrived back home in Texas, he took the car to a mechanic for routine
maintenance. The mechanic informed the plaintiff that the car's frame was severely rusted,
rendering it dangerous to drive. The plaintiff received the same opinion from a restoration specialist,
and the plaintiff claims ultimately to have spent nearly $35,000 restoring the vehicle. The plaintiff
filed a complaint in Shelby County Circuit Court, asserting claims under the Tennessee Consumer
Protection Act and claims for negligent misrepresentation and breach of contract. The plaintiff
claimed actual damages which included over $25,500 in restoring the car to the condition
represented by the defendants, and he sought treble damages under the Tennessee Consumer
Protection Act. After discovery, the trial court granted the defendants' joint motion for summary
judgment. We affirm.
THOMAS R. JONES, JR. v. HEATHER L. RUSCH-JONES
John D. Lockridge and Sammi S. Maifair, Knoxville, Tennessee, for the Appellant, Heather L.
Virginia A. Schwamm and Donna H. Smith, Knoxville, Tennessee, for the Appellee, Thomas R.
Following a short marriage of less than four years, Thomas R. Jones, Jr. ("Father") filed a
complaint for divorce from Heather L. Rusch-Jones ("Mother"). Mother filed a counter-claim
also seeking a divorce. Both parties sought to be the primary residential parent of their young
daughter. While this case was pending, both parties filed competing petitions for orders of
protection. Father's petition was granted; Mother's was not. Following a very lengthy trial, the
Trial Court designated Father as the primary residential parent and awarded Mother supervised
and restricted co-parenting time. The Trial Court awarded Mother a limited amount of alimony.
Mother appeals raising numerous issues, including a challenge to the Trial Court's designation of
Father as the primary residential parent and the amount of alimony she was awarded. We affirm
the judgment of the Trial Court and remand for further proceedings consistent with this Opinion.
CHARLES D. SUSANO, JR., concurring.
WILLIAM A. MEADOWS, JR. v. TENNESSEE DEPARTMENT OF CORRECTION, ET AL
William A. Meadows, Jr., Nashville, Tennessee, Pro Se.
Robert E. Cooper, Attorney General and Reporter; Michael E. Moore, Solicitor General; and
Jennifer L. Brenner, Nashville, Tennessee, for the appellees, Tennessee Department of
Correction and George M. Little
Appellant, a Department of Correction prisoner, challenges Department Policy Index 506.21
relative to inmate drug/alcohol testing in a suit pursuant to Tenn. Code Ann. Section 4-5-225. The trial
court granted a Motion to Dismiss filed by Appellee. The action of the trial court is affirmed.
JAMES E. MOSES v. TENNESSEE BOARD OF PROBATION AND PAROLE
James E. Moses, Whiteville, Tennessee, Pro Se.
Robert E. Cooper, Attorney General and Reporter; Michael E. Moore, Solicitor General; and
Jennifer R. Bailey, Assistant Attorney General, for the appellee, Tennessee Board of Probation
Inmate appeals the dismissal of his Petition for a Common Law Writ of Certiorari after being
denied parole. The trial court found that the inmate had failed to comply with the statutory
requirements applicable to inmates filing civil actions in forma pauperis. Finding that Mr. Moses
failed to file the requisite affidavit pursuant to Tenn. Code Ann. Section 41-21-805 and failed to pay
the requisite partial filing fee, we affirm.
LEE T. MYERS v. SANDRA BROWN
Mitchell D. Moskovitz and Adam N. Cohen, Memphis, Tennessee, for the appellant, Lee T. Myers.
Sandra Brown, pro se (no brief filed).
This case involves the third and fourth appeals (consolidated) of successive petitions to modify
custody. The mother and father of the child at issue were never married. The mother was designated
the primary residential parent for the child, and the father was given designated parenting time and
ordered to pay child support. In 2002, the father filed a petition to modify custody. The trial court
denied the father's petition, and the decision was affirmed by this Court ("E.J.M. I"). During the
pendency of that appeal, the father filed a second petition for a change of custody based on facts that
arose after his first petition was denied. A hearing on this petition was conducted shortly after this
Court issued its decision in E.J.M. I. A juvenile court judge held that, though he might otherwise
change custody to the father, he was bound by the appellate decision in E.J.M. I to give final
decision-making authority to the mother. Nevertheless, joint custody was ordered. The father now
appeals that decision. Shortly after that, the father filed another petition to modify custody, based
on facts that arose after the decision to award joint custody. Another juvenile court judge conducted
a hearing, heard testimony, and reviewed the entire record. After doing so, the juvenile court judge
strongly criticized the father's litigiousness and, in light of the pending appeal of the joint custody
award, dismissed the father's petition for lack of jurisdiction. The father appeals that decision as
well. Both appeals were consolidated, but the appeal was dismissed due to a procedural defect
(E.J.M. II). The procedural defect was cured, and we now hear the consolidated appeal. We reverse
the conclusion by both juvenile court judges, holding that the trial court has jurisdiction and authority
to modify custody even while an appeal is pending, so long as the modification is based on new facts
and changed conditions that arose after the trial court judgment that is the subject of the appeal. The
cause is remanded for a decision on the father's petitions to modify custody.
OVERLAND RESTAURANT MANAGEMENT, LLC, d/b/a HUDDLE HOUSE OF SHELBYVILLE v. THE COMMISSIONER OF LABOR AND WORKFORCE DEVELOPMENT OF TENNESSEE
Robert E. Cooper, Jr., Attorney General and Reporter; Lauren S. Lamberth, Assistant Attorney
General; and Angela S. Bonovich, for the State.
W. Andrew Bobo, Shelbyville, Tennessee, for the appellee, Overland Restaurant Management,
LLC, d/b/a Huddle House of Shelbyville.
The Commissioner of Labor appeals the Chancery Court's reversal of a decision by the Board of
Review for the Department of Labor concerning an individual's eligibility for unemployment
benefits. The employer of a waitress who sought unemployment benefits, challenged the
employee's claim contending she was not eligible to receive unemployment because she was
terminated for violation of company policy. The Board of Review found her eligible for
benefits. The Chancery Court reversed that decision. Having determined that the findings of
fact by the Board of Review were supported by substantial and material evidence, we reverse.
ROSE MARIE REIFER v. RICHARD EDWARD REIFER
Jennifer Davis Roberts, Dickson, Tennessee, for the appellant, Richard Reifer.
Jack L. Garton, Dickson, Tennessee, for the appellee, Rose Marie Reifer.
Husband and Wife were before a Special Master to divide their property in an
action for divorce. During the pendency of the hearing, Husband and Wife entered into a
settlement agreement, initialed the agreement, and informed the Special Master of the agreement.
Based upon such information, the Special Master terminated the proceedings. Prior to an order
being entered, Husband withdrew his consent to the agreement. Wife filed a Motion to Enforce
Agreement, which the trial court granted. Husband appealed. The judgment of the trial court
granting Wife's Motion to Enforce Agreement is affirmed.
AARON WALKER v. TENNESSEE DEPARTMENT OF CORRECTION
Aaron Walker, Nashville, Tennessee, Pro Se.
Robert E. Cooper, Attorney General and Reporter, and Jennifer R. Bailey, Assistant Attorney
General, for the appellee, Tennessee Department of Correction.
An inmate of the Department of Correction appeals dismissal by the trial court of his Petition for
Writ of Certiorari of a Department of Correction Disciplinary Proceeding. The trial court upheld
the action of the Department of Correction. The judgment of the trial court is affirmed.
STATE OF TENNESSEE v. PHEDREK T. DAVIS
Kathleen G. Morris, Nashville, Tennessee; and Anne M. Davenport, Nashville, Tennessee, for the
appellant, Phedrek T. Davis.
Robert E. Cooper, Jr., Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney
General; Victor S. (Torry) Johnson III, District Attorney General; and Renee Erb, Assistant District
Attorney General, for the appellee, State of Tennessee.
Following a jury trial, Defendant, Phedrek T. Davis, was found guilty of first degree premeditated
murder, assault, and attempted second degree murder. Defendant was sentenced to life
imprisonment for his first degree premeditated murder conviction. Following a sentencing hearing,
the trial court sentenced Defendant as a Range II, multiple offender, to fifteen years for his attempted
murder conviction and eleven months, twenty-nine days for his misdemeanor conviction. The trial
court ordered Defendant to serve his attempted murder sentence consecutively to his life sentence,
and the misdemeanor sentence concurrently with his other sentences, for an effective sentence of life
plus fifteen years. On appeal, Defendant argues that (1) the evidence was insufficient to support his
conviction of premeditated first degree murder and attempted second degree murder; (2) the trial
court erred in its evidentiary rulings; (3) the trial court erred in its jury instructions; (4) the
prosecutor's closing argument was improper; (5) the trial court erred in applying enhancement
factors in determining the length of Defendant's sentence for attempted second degree murder; and
(6) the trial court erred in imposing consecutive sentencing. After a thorough review, we affirm the
judgments of the trial court.
STATE OF TENNESSEE v. WILLIE L. HICKS
In this cause, the appellant, Willie L. Hicks, has filed a petition to rehear following this
Court's order dismissing his appeal for failing to timely file the notice of appeal. Appellant argues
that the opinion filed by this Court on June 21, 2007, is in conflict with a "prior decision" rendered
in the case, namely an order entered in November 2006, which granted Appellant's motion to latefile
his brief. The rules regarding the timely filing an appellate brief were suspended in order to
allow Appellant to late-file his brief. This order did not suspend any other rules, specifically the rule
requiring a timely filing of the notice of appeal in Appellant's case.
Accordingly, the petition to rehear is respectfully denied.
Salaries of County Officers
TN Attorney General Opinions
Opinion Number: 07-110
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