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Court: TWCA


D. Russell Thomas and Herbert M. Schaltegger, Murfreesboro, Tennessee, for the appellant, Roy Samuel Batson.

Kitty Boyte (on appeal) and Patrick A. Ruth (at trial), Nashville, Tennessee, for the appellees, Interstate Brands Corporation and Indemnity Insurance Company of North America.


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. The trial court denied appellant Roy Samuel Batson's claim for workers' compensation benefits on the basis that Mr. Batson failed to establish that his disability was caused by his work. Mr. Batson has appealed. After our review of the record, we agree with the trial court that Mr. Batson has failed to carry his burden of proof with respect to causation. Accordingly, we affirm the judgment of the trial court denying Mr. Batson's claim for benefits.


Court: TCA


Homer R. Ayers, Goodlettsville, TN, for the Appellant.

Jerome Michael Converse, Springfield, TN, for the Appellees, M. Don Templeton, Ruby Templeton.


This case arises from a dispute over a contract for the sale of land. In the contract, Appellee Sellers made no warranty concerning the exact acreage of the tract. Appellant Buyer was given the right to have the tract inspected and surveyed prior to closing; however, he did not exercise that right. At the closing, Appellant also executed a waiver to any claims arising from a determination that the assumed acreage was incorrect. A survey performed after the closing indicated that the tract was approximately three acres less than the parties thought. Appellant Buyer brought suit against Appellee Sellers on grounds of fraudulent misrepresentation. Finding no error, we affirm.


Court: TCA


O'Rane M. Cornish, Sr., Pro se.

Bradford D. Box and Spencer R. Barnes, Jackson, Tennessee, for the appellee Mark Caldwell.


This is an action for wrongful death and loss of consortium. The trial court dismissed the action upon determining it was filed beyond the one-year statutory limitations period. We affirm.


Court: TCA


Thomas J. Dement, II, Nashville, Tennessee, for the appellant, Troy Daniel Harris.

James L. Collier, Nashville, Tennessee, for appellee, Heather Lynn Harris.

Judge: KIRBY

This appeal involves a post-divorce petition to modify transitional alimony. In the divorce decree, the husband was ordered to pay the wife transitional alimony for four years. The wife remarried during the four-year period. The husband petitioned the trial court to modify or terminate the transitional alimony based on the wife's remarriage and the new husband's financial contributions to the wife's household. After a hearing, the trial court reduced the husband's transitional alimony payments and shortened the duration of the alimony by one year. The husband now appeals, arguing that the trial court should have terminated his alimony obligation entirely, rather than simply reducing it. We affirm, finding that the trial court's decision was not an abuse of its discretion.


Court: TCA


Thomas M. Minor, Somerville, Tennessee, for the appellant, Beverly McCraw, Executrix of the Estate of Charles Thomas McCraw.

Lee S. Saunders, Somerville, Tennessee, for the appellee, JoAn Likins.


This appeal arises from a decedent's testamentary obligation to distribute his estate in accord with a marital dissolution agreement. The trial court determined that the decedent's codicil obligated his estate to pay joint debts that the decedent incurred with his fiance', and his estate could not seek contribution from fiance' for paying more than half of the debts. The trial court also determined that this distribution did not violate the marital dissolution agreement that decedent had negotiated with his ex-wife. We affirm the trial court on these two determinations. We, however, reverse the trial court's finding that the estate was not required to reimburse fiance' for payments that she made on the debts after the decedent's death and before the trial court ordered the estate to pay the debt.


Court: TCA


Chadwick G. Hunt, Savannah, Tennessee, for the appellant, Sharon Olene (Coats) Peters.

Dennis W. Plunk, Savannah, Tennessee, for the appellee, Joseph Alan Peters.


The Wife in this divorce action takes issue with the grounds upon which the trial court granted the divorce, the distribution of marital property, the calculation of Husband's monthly income and the designation of life insurance. We affirm.


Court: TCA


John McQuiston, Memphis, Tennessee, for the appellant, Regions Financial Corporation.

H. Frederick Humbracht, Jr., Nashville, Tennessee, for the appellee, National Union Fire Insurance Company of Pittsburgh, PA.

John R. Riddle, Dallas Texas, Joseph T. Getz, Memphis, Tennessee, for the appellee, The St. Paul Mercury Insurance Company, and Michael G. McLaren and Vickie Hardy Jones, MemphiTennessee, for the appellee, Twin City Fire Insurance Company.


On appeal, Regions Financial Corporation ("Regions") asserts numerous reasons why the doctrines of res judicata and collateral estoppel should not bar its claim against the Defendants National Union Fire Insurance Company of Pittsburgh, Pa. ("National Union") St. Paul Mercury Insurance Company ("St. Paul"), and Twin City Fire Insurance Company ("Twin City") (collectively "Defendant Excess Insurers"). Regions originally sued Defendants in federal court seeking indemnification pursuant to its insurance contract, and the District Court granted Defendants summary judgment because Regions failed to give simultaneous notice. Regions has now sued Defendant Excess Insurers in circuit court for breach of the same insurance contract. Regions claims that during the federal court appeal it discovered new evidence that it had given simultaneous notice to Defendant Excess Insurers through their agent. Regions claims, however, that it could not have discovered this evidence earlier because Defendant Excess Insurers concealed the agency relationship. The trial court granted Defendant Excess Insurers' motions for summary judgment on the basis of res judicata. We affirm.


Court: TCCA


Scott A. Lovelace, Ripley, Tennessee (at trial), and Ryan B. Feeney, Selmer, Tennessee (on appeal), for the appellant, Ricky Terrell Cox.

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Assistant Attorney General; D. Michael Dunavant, District Attorney General; and James Walter Freeland, Jr., Assistant District Attorney General, for the appellee, State of Tennessee.


The Defendant-Appellant, Ricky Terrell Cox (hereinafter "Cox"), was convicted by a jury of three counts of especially aggravated kidnapping, a Class A felony, especially aggravated burglary, a Class B felony, attempted second degree murder, a Class B felony, aggravated assault, a Class C felony, and unlawful possession of a weapon by a convicted felon, a Class E felony. He was sentenced to twenty-two years at one hundred percent for the three especially aggravated kidnapping convictions and four years at thirty percent for the aggravated assault convictions, to be served concurrently. He was also sentenced to nine years at thirty percent for the especially aggravated burglary conviction, nine years at thirty percent for the attempted second degree murder conviction, and eighteen months at thirty percent for the unlawful possession of a weapon by a convicted felon, which were to be served concurrently to one another but consecutively to the especially aggravated kidnapping and aggravated assault convictions, for an effective sentence of thirty-one years. On appeal, Cox argues that (1) the trial court erred by admitting his prior juvenile conviction for impeachment purposes, (2) the evidence was insufficient to support his convictions, (3) the State failed to prevent or correct the false testimony of two of the State's witnesses, and (4) the trial court erred by imposing consecutive sentencing. Upon review, we affirm the judgments of the trial court.


Court: TCCA


Earl D. King, Pro Se, Tiptonville, Tennessee.

Robert E. Cooper, Jr., Attorney General and Reporter; Frank Borger-Gilligan, Assistant Attorney General; and Weakley Barnard, District Attorney General, for the appellee, State of Tennessee.


The pro se Petitioner, Earl D. King, appeals from the Marshall County Circuit Court's summary dismissal of his petition for post-conviction relief. The Petitioner seeks relief from his eighteen-year sentence resulting from his guilty pleas to two counts of burglary and one count of vandalism. The Petitioner alleges that he was sentenced in violation of Blakely v. Washington, 542 U.S. 296 (2004), because the trial court applied enhancement factors not found by the jury in establishing his range and in increasing his sentence above the minimum. The post-conviction court summarily dismissed the petition for failing to state a colorable claim. Following our review, we affirm the judgment of the post-conviction court.


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Get details on the application process from the AOC
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Read what the judges are saying on
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Legislative News
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The state House's Hand Gun Study Committee has recommended that people with handgun permits be allowed to carry weapons into restaurants where alcohol is served but only until 11 p.m. The proposal also would maintain a ban on drinking alcohol by those carrying guns and ban all guns from establishments that have age limits. The committee also recommended passage of measures to close public access to the state's handgun registry database and to allow handguns in parks and wildlife areas. The bills are scheduled to be heard by a House Judiciary subcommittee next Wednesday.
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Baker, Ford to provide insight on key topics
What does America need to do to get back on track? It's a question asked during the presidential campaign, and one that has become even more compelling as the country struggles with economic recession. You can hear former Senator Howard Baker and former Congressman Harold Ford Jr. bring their experience and insight to the topic during this year's TBA Annual Convention in Memphis, June 18-20. This program is just part of a well-rounded slate of educational programming and entertaining events you'll be able to take part in when you register for the TBA Convention.
Find out more about this year's programming or register today
Race to raise money for MALS
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Download a race registration form or a sponsorship form

TBA Member Services
CompuPay offers deals for TBA members
CompuPay is proud to serve as the official payroll services provider for the Tennessee Bar Association. To serve Tennessee attorneys the company is offering two months of free payroll processing for all TBA members and waiving set up fees for members with up to 99 employees.
Learn more about CompuPay's benefits

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