In this post-divorce case, Jeannie Antoinette Worgan (“wife”) filed a Tenn. 1 R. Civ. P. 60.02 motion to alter or amend the final judgment, which had been entered over eleven months earlier. The final judgment had incorporated the parties’ marital dissolution agreement (“MDA”).

This case involves the trial court’s award of attorney’s fees to the defendant property buyer upon remand from this Court. The sellers initiated the original action for specific performance and breach of contract after the buyer refused to close on the purchase of real property. The buyer filed a counterclaim requesting attorney’s fees. The buyer subsequently moved for summary judgment, arguing that the sellers had been the first to breach the contract by failing to fulfill a condition precedent. The trial court granted summary judgment in favor of the buyer, and the seller appealed.

A mother and father divorced and the trial court ordered the father to pay the mother $50 a week as support for their two children. The children subsequently came into the legal custody of their maternal grandfather, but the court did not order support. Ten years later, the Tennessee Department of Children’s Services filed a petition to set child support against the father.

A commercial truck driver was injured while sitting in the passenger seat with another person driving. The question presented is whether the passenger qualified as an employee and was, therefore, excluded from benefits under the trucking company’s liability insurance policy. We agree with the trial court’s conclusion that the passenger was an employee when the accident occurred.

This is the second extraordinary interlocutory appeal in this divorce case and custody dispute. In the first appeal, this Court held that the father did not automatically waive the psychologist-client privilege as to his mental health records by seeking custody or by defending against the mother’s claims that he was mentally unfit. While the first appeal was pending, the mother filed a motion asking the trial court to require the father to undergo a second mental health evaluation pursuant to Tenn. R. Civ. P. 35; the trial court granted the motion.

The defendant was convicted by a jury of reckless homicide, first degree (felony) murder and two counts of facilitation of attempted first degree murder. These convictions all sprang from an incident in which shots were fired at three men in a car during an attempted robbery. To establish the defendant’s identity as the murderer the State introduced evidence at trial of a separate carjacking and shooting committed by the defendant and an accomplice several hours prior to the homicide.

The petitioner, Walter Ware, appeals the denial of his petition for post-conviction relief, arguing that he received ineffective assistance of trial counsel. Based upon our review, we affirm the judgment of the post-conviction court.

A Davidson County Grand Jury returned an indictment against Defendant, Henry Wayne Russell, charging him in Counts One, Three, and Five with rape; and in Counts Two, Four, and Six with statutory rape by an authority figure. After a jury trial, Defendant was found guilty as charged in the indictment. The trial court merged the convictions in Count Two with Count One; Count Four with Count Three; and Count Six with Count Five. The trial court imposed a sentence of fifteen years for each count of rape as a Range II offender for a total effective sentence of thirty years.

The Defendant, Jeffery Newton, was convicted by a Marion County Circuit Court jury of attempt to commit aggravated assault, a Class D felony. See T.C.A. § 39-13-102 (2010). The trial court sentenced the Defendant as a Range I, standard offender to two years and nine months with thirty days to serve in confinement and the remainder to serve on probation.

Following a jury trial in 2008, Petitioner, Kenneth Allen, was ultimately convicted of two Class B felony cocaine offenses and two Class C felony cocaine offenses. He was sentenced to serve an effective sentence of thirty years as a career offender. The trial court ordered the effective thirty-year sentence to be served consecutively to an unrelated sentence of ten years for additional drug convictions for which his probation had been revoked. See State v. Kenneth Gregory Allen, No. M2009-00070-CCA-R3-CD (Tenn. Crim. App. Aug. 24, 2010).