Opinions

Property of Katie Mae High v. Champion Roofing &Amp;
W2002-01941-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: D. J. Alissandratos

Sarah High vs. James High
W2001-01558-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Joe C. Morris
This case involves an appeal from the trial court's determination of Appellant's child support and alimony arrearages, as well as the denial of a request to modify a previous award of alimony and child support. We affirm in part, reverse in part, and remand for further proceedings.

Brenda Hicks v. John E. Hicks
W2001-02931-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Joe C. Morris
This is a divorce case. At the time the wife filed for divorce, the parties had been married for eight months. The trial judge awarded the divorce to the wife on the grounds of adultery. The trial court also granted the wife a monetary award for "alimony in solido and as a division of the marital estate." The husband appeals. We affirm and modify. The proof at trial did not support awarding the wife the divorce on grounds of adultery, nor did it support the amount of the monetary award to the wife. The judgment of the trial court is affirmed but modified to reflect that the wife is granted the divorce on grounds of inappropriate marital conduct, and the monetary award is modified as well.

W2002-01642-COA-R3-CV
W2002-01642-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Robert L. Childers

Harold Jackson v. Shelby County, Tennessee
W2002-02627-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Walter L. Evans

State of Tennessee v. Joshua Alan Steakley
W2001-02996-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge C. Creed McGinley

The defendant was convicted of burglary, a Class D felony, after a jury trial and was sentenced to two years, six months, with all but fifteen days suspended, and the balance to be served on supervised probation. The defendant was also ordered to pay $353.95 in restitution to North Elementary School. On appeal, he argues that the evidence was insufficient to support his conviction and that the trial court erred in denying full probation and ordering that he serve fifteen days in confinement. Following our review, we affirm the judgment of the trial court.

James H. Randalls v. Stanley G. Hopp, M.D. And Tennessee
M2002-00771-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Walter C. Kurtz

Richard McDonald vs. Swain & Sons
W2002-00012-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: John R. Mccarroll, Jr.
This is a retaliatory discharge case. In July 1998, the plaintiff truck driver began working for the defendant trucking company. In June 1999, the truck driver was involved in a one-vehicle accident while making a delivery for the company. Soon thereafter, the truck driver was discharged. The truck driver sued the trucking company in the court below, alleging that his discharge was not because of the vehicular accident, but rather was in retaliation for refusing to participate in or remain silent about alleged illegal activity by the trucking company. The trial court found in favor of the trucking company on all issues. The plaintiff truck driver now appeals on several grounds. No transcript or statement of the evidence was filed. The issues raised by the plaintiff require a review of the proceedings below that is not possible in the absence of a transcript of the trial proceedings or a statement of the evidence. Consequently, we affirm the trial court's decision.

W2002-01687-COA-R3-CV
W2002-01687-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: John R. Mccarroll, Jr.

Mary Saccomanno vs. Melvin Saccomanno
W2002-01267-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Daniel L. Smith
This is an appeal from a Final Order, granting the parties a divorce and dividing the marital property. Wife appeals and asserts that the division of marital property is inequitable. We affirm.

W2002-01556-COA-R3-CV
W2002-01556-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: D. J. Alissandratos

Scott Jurgensmeyer, et al v. James F. Prater
M2000-02986-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Ellen Hobbs Lyle
In this consolidated case involving claims of fraud, negligent misrepresentation, breach of contract, and violations of the Tennessee Consumer Protection Act, the trial court granted summary judgment for the defendant on the ground that he had not acted individually and his corporation had not been named as a defendant. For the following reasons, we reverse and remand the decision of the trial court.

Gary Lindsey v. Philips Electronics, N.A.C.
E2002-00396-WC-R3-CV
Authoring Judge: Howell N. Peoples, Special Judge
Trial Court Judge: O. Duane Sloan, Circuit Judge
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann. _ 5-6-225(e) for hearing and reporting of findings of fact and conclusions of law. The employer appeals a finding of permanent and total disability asserting that the injury is to a scheduled member. We affirm.

Union Planters Bank vs. Bobbye Shepard
W2002-01188-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: D. J. Alissandratos
Executor brought this action to recover proceeds of the sale of decedent's property prior to decedent's death. Both parties moved for attorney's fees. The trial court entered judgment for defendant and awarded defendant's attorney's fees. On issues relating to decedent's property, we affirm in part and reverse in part. We reverse the award of attorney's fees and remand for a determination of reasonableness.

W2002-00489-COA-R3-CV
W2002-00489-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Rita L. Stotts

W2002-01474-COA-R3-CV
W2002-01474-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: D. J. Alissandratos

Edwin Boothe vs. Fred's Inc.
W2002-01414-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: D'Army Bailey

Edwin Boothe vs. Fred's Inc.
W2002-01414-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: D'Army Bailey

W2002-03016-COA-R3-CV
W2002-03016-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Robert L. Childers

State of Tennessee v. Thurman L. Whitsey and Charlie Mae Whitsey
M2001-03127-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Cheryl A. Blackburn
A Davidson County jury convicted defendants Thurman L. Whitsey1 and his mother, Charlie Mae Whitsey, of conspiracy to possess cocaine with intent to sell. The jury also convicted Thurman Whitsey of possession of cocaine with intent to sell, possession of marijuana with intent to sell, and unlawful possession of a weapon. In addition, the jury convicted Charlie Mae Whitsey of facilitation of possession of cocaine with intent to sell, simple possession of marijuana, and facilitation of unlawful possession of a weapon. The trial court imposed an effective sentence of eleven years upon Thurman Whitsey and an effective sentence of seven years upon Charlie Mae Whitsey. On appeal, both defendants contend the trial court erred in denying their motions to suppress evidence obtained as a result of an invalid search warrant. Charlie Mae Whitsey also submits the evidence was insufficient to support her conviction for facilitation of unlawful possession of a weapon. Upon review of the record and applicable law, we reverse and dismiss Charlie Mae Whitsey’s conviction for facilitation of unlawful possession of a weapon and Thurman Whitsey’s conviction for unlawful possession of a weapon; otherwise, we affirm the judgments of the trial court.

State of Tennessee v. Thurman L. Whitsey and Charlie Mae Whitsey - Concurring
M2001-03127-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Cheryl A. Blackburn
I concur in the results reached in the majority opinion. I respectfully disagree, though, with the majority opinion’s view that, absent the defendant’s 1994 cocaine sale, the affidavit would have warranted a person of reasonable caution to believe that cocaine or other evidence of drug offenses was located at the defendant’s house.

State of Tennessee v. Joe Charles Degrafenreid
W2002-00681-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Joseph H. Walker, III

The defendant, Joe Charles Degrafenreid, was convicted by a jury of driving under the influence (DUI) as a second offender. In this direct appeal, the defendant argues that the evidence is insufficient to support his conviction for DUI and that the trial court erred by denying his motion to suppress. Finding no error, we affirm the judgment of the trial court.

W2002-02220-COA-R3-CV
W2002-02220-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Ron E. Harmon

Amsouth Erectors, Llc v. Skaggs Iron Works, Inc.,
CH-01-0585-2
Trial Court Judge: Floyd Peete, Jr.

The Oceanics Schools vs. Clifford Barbour, Jr.
E2002-00181-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
This matter is before us on the petition of the plaintiff for a rehearing pursuant to Tenn. R. App. P. 39.