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Posted by: Tanja Trezise on Aug 26, 2014

Applicant filed a petition for writ of certiorari against Decatur County challenging the denial of his beer permit application. The trial court reversed the decision of the local beer board on the basis that the sale of beer was allowed due to Decatur County’s status as a Tennessee River resort district. Because we conclude that Decatur County’s ordinance restricting the sale of beer within two thousand feet of a church remains in effect despite Decatur County’s status as a Tennessee River resort district, we reverse the decision of the trial court. Reversed and remanded.

Posted by: Tanja Trezise on Aug 26, 2014

Plaintiff in a premises liability action appeals from the trial court’s finding that she was more than fifty percent at fault for her injury. Discerning no error, we affirm.

Posted by: Tanja Trezise on Aug 26, 2014

This divorce appeal challenges both the original award of alimony and a subsequent increase. The trial court awarded the wife alimony in futuro. The husband filed a timely Rule 59.04 motion to alter or amend the divorce decree. Months after entry of the divorce decree, but prior to the entry of an order on the husband’s motion to alter or amend, the wife filed a motion to increase the alimony awarded in the divorce decree to account for the wife’s tax liability from the alimony. The trial court granted the wife’s motion and increased the alimony.

Posted by: Tanja Trezise on Aug 26, 2014

Lessor sued lessees for failure to pay rent and received a default judgment in general sessions court. Lessee appealed to circuit court and filed a counterclaim for failure to maintain the premises and make repairs. The trial court found for lessor. Lessees appealed. Due to the lack of a transcript or a proper statement of the evidence, we must affirm.

Posted by: Tanja Trezise on Aug 26, 2014

This post-divorce appeal concerns a parenting plan that provided for equal time between the Parents, who subsequently filed competing petitions to modify, claiming that a material change in circumstances necessitated a change in the parenting plan. The trial court found that a change in circumstances had not yet occurred but awarded Mother approximately 12.5 days of additional parenting time after deciding that the Child should attend school in Mother’s county. Father appeals. We affirm the trial court’s decision.

Posted by: Tanja Trezise on Aug 25, 2014

Appellant, Brian Gauldin, was indicted by the Dyer County Grand Jury for two counts of the sale of .5 grams or less of cocaine in a drug free zone, one count of the sale of a schedule III controlled substance in a drug free zone, and one count of the sale of .5 grams of more of cocaine in a drug free zone. Prior to trial, the State chose to nolle prosequi one count of the sale of .5 grams or less of cocaine in a drug free zone and one count of the sale of a schedule III controlled substance in a drug free zone.

Posted by: Tanja Trezise on Aug 25, 2014

The Petitioner, Christopher Fielder, appeals from the Shelby County Criminal Court’s denial of post-conviction relief, contending that he received the ineffective assistance of counsel at trial. Specifically, the Petitioner alleges that trial counsel failed to request a jury instruction on merger of the offenses, tasking it with determining whether the kidnapping of the victim was beyond that necessary to complete the especially aggravated robbery. After considering the record and the applicable authorities, we affirm the judgment of the postconviction court.

Posted by: Tanja Trezise on Aug 25, 2014

Appellant, David Orlando Avinger, was indicted by a Davidson County grand jury for first degree premeditated murder, first degree felony murder, and especially aggravated robbery. After a jury trial, Appellant was convicted of the lesser included offense of second degree murder, as well as the charged offenses of felony murder and especially aggravated robbery. The trial court merged the convictions for second degree murder and felony murder, and Appellant was sentenced to an effective life sentence.

Posted by: Tanja Trezise on Aug 25, 2014

This appeal arises from a petition for judicial review of the Tennessee Health Services and Development Agency’s decision to deny one and grant the other of two competing applications for a certificate of need to establish a rehabilitation hospital. Discerning no error, we affirm the chancery court’s order upholding the agency’s decision.


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