TBALink Opinion-Flash

January 19, 1996 -- Volume #2 -- Number #06 Opinion-Flash

Here is today's issue of TBALink Opinion-Flash. What follows is the document name, first paragraph and the names of the attorneys for the parties (If you know one of them you might want to give them a call, chances are they don't know about the opinion yet) of each electronic opinion/rules released TODAY from the three appellate courts and the TN Attorney General.

This Issue:
New Opinons From TSC : 0
New Opinons From TCA : 7
New Opinons From TCCA : 1
New Opinons From AG : Pending

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Jim Moore
TBALink Co-Chief Editor
Opinion-Flash

Document Name  :DELATTE.OPN.WP6
Court          :TCA


DAVID S. GARDNER, Nashville, 
Attorney for Plaintiff/Appellant

RICHARD D. MOORE, Levine, Mattson, Orr & Geracioti, 
Nashville,
Attorney for Defendant/Appellee

                        
First Paragraph:

Charles N. Delatte ("plaintiff") filed suit in the Circuit
Court of Davidson County against South Mark Realty
Partners, Ltd. ("defendant") seeking damages for injuries
sustained by him when a metal hand railing on a stairway in
the common area of defendant's apartment complex collapsed,
causing him to fall.  The trial court granted defendant's
motions for summary judgment.  The sole issue presented by
this appeal is whether the trial court was in error in so
doing.  For the reasons herein set forth, we find no error
and affirm.

URL:http://www.tba.org/tba_files/TCA/DELATTE.OPN.WP6
Opinion-Flash

Document Name  :MOORETK.OPN.WP6
Court          :TCA


SHELLEY I. STILES
Brentwood, Tennessee 37027

CHRISTOPHER K. THOMPSON
Murfreesboro
ATTORNEYS FOR PLAINTIFFS/APPELLANTS

ROSE P. CANTRELL
GARRETT E. ASHER
Parker, Lawrence, Cantrell & Dean
Nashville
ATTORNEYS FOR DEFENDANT/APPELLEE

                        
First Paragraph:

This is an appeal by plaintiffs/appellants, Tom and Karen
Moore, from the trial court's orders granting summary
judgment in favor of defendant/appellee, Dr. Lloyd A.
Walwyn, and  denying appellants' motion to reconsider the
grant of summary judgment

URL:http://www.tba.org/tba_files/TCA/MOORETK.OPN.WP6
Opinion-Flash

Document Name  :MOORETK.DIS.WP6
Court          :TCA


Attorneys: See Above

                        
First Paragraph:

Both the trial court and the majority of this panel have
decided that Tom and Karen Moore are not entitled to a jury
trial on their medical malpractice claim against Dr. Lloyd
A. Walwyn because of shortcomings in the affidavits they
filed in opposition to Dr. Walwyns motion for summary
judgment.  While I do not relish defending sloppy
lawyering, I am convinced that my colleagues have
scrutinized the Moores counter-affidavits using standards
stricter than those required by Tenn. R. Civ. P. 56.05 and
Tenn. Code Ann. 29-26-115 (1980).  I would vacate the
summary judgment because the counter-affidavits demonstrate
the existence of genuine and material factual issues that
only a jury should resolve.

URL:http://www.tba.org/tba_files/TCA/MOORETK.DIS.WP6
Opinion-Flash

Document Name  :NOBLE.OPN.WP6
Court          :TCA


RICHARD NOBLE, Pro Se
Tiptonville

CHARLES W. BURSON
Attorney General & Reporter

MERRILYN FEIRMAN
Assistant Attorney General
Criminal Justice Division
ATTORNEY FOR RESPONDENTS/APPELLEES

                     
First Paragraph:

Petitioner/appellant Richard Nobel was tried and found
guilty of first degree murder and sentenced under the Class
X Statute to life imprisonment on 16 October 1981.

URL:http://www.tba.org/tba_files/TCA/NOBLE.OPN.WP6
Opinion-Flash

Document Name  :SMITHBEN.OPN.WP6
Court          :TCA


BRIEFS ON BEHALF OF THE APPELLEES
WERE NOT FILED.

Michael J. Love
ZELLAR, CARTWRIGHT & LOVE
Clarksville
ATTORNEY FOR RESPONDENT/APPELLANT

                        
First Paragraph:

The captioned respondent has appealed from an order entered
by the Trial Court regulating visitation of the two
children of respondent with the captioned petitioners,
parents of respondent's deceased husband. 
Respondent-mother has remarried, and her husband, David
McClintock, has adopted the children.  However, he is not a
party to this proceeding.

URL:http://www.tba.org/tba_files/TCA/SMITHBEN.OPN.WP6
Opinion-Flash

Document Name  :TIPTON.OPN.WP6
Court          :TCA


CHARLES W. BURSON
Attorney General and Reporter

EUGENE J. HONEA
Assistant Attorney General
Criminal Justice Division
ATTORNEYS FOR PLAINTIFF/APPELLEE

BILL R. BARRON
Contract Appellant Defender
Trenton

JOSEPH L. HORNICK
Assistant Public Defender
Charlotte
ATTORNEYS FOR DEFENDANT/APPELLANT

                        
First Paragraph:

This case presents what is purportedly an appeal under
Tennessee Rule of Criminal Procedure 37(b).  The issue of
law involves a juvenile's plea of guilty to delinquency in
the Circuit Court of Dickson County.

URL:http://www.tba.org/tba_files/TCA/TIPTON.OPN.WP6
Opinion-Flash

Document Name  :WAGNERBL.OPN.WP6
Court          :TCA


PAUL B. PLANT
HARWELL, PLANT & CHEATWOOD
Lawrenceburg
Attorney for Plaintiff/Appellee

CHARLES W. HOLT, JR.
BOSTON, BATES & HOLT
Lawrenceburg
Attorney for Defendant/Appellant

============
Editors Note: This Opinion was release last month. But
we could not get it from the courts until today.
Thanks to Julie at BCCB for pointing this out! ***
=============
                        
First Paragraph:

The issues in this appeal are (1) whether the
misrepresentations in an application for insurance made the
policy void as to the applicant and (2) whether the
insurance was void as to the appellant's wife, who did not
sign the application.  The Circuit Court of Lawrence County
granted summary judgment to the insurance company.  We
affirm.

URL:http://www.tba.org/tba_files/TCA/WAGNERBL.OPN.WP6
Opinion-Flash

Document Name  :PHILLIPS.OPN.WP6
Court          :TCCA


FOR THE APPELLANTS              FOR THE APPELLEE

J. Thomas Marshall, Jr.         Charles W. Burson
District Public Defender        Attorney General             
Clinton                     
                                Hunt S. Brown
                                Assistant Attorney General                              
                            
                                James N. Ramsey
                                District Attorney General
                               
                                Jan Hicks
                                Asst District AG
                                Clinton

                        
First Paragraph:

In July 1981, the petitioners were sentenced to serve life
for first degree murder.  The Court of Criminal Appeals
affirmed the convictions on November 4, 1986.  Permission
to appeal was denied by the Supreme Court on February 9,
1987.  The petitioners filed their petitions for
post-conviction relief on December 30, 1993.

URL:http://www.tba.org/tba_files/TCCA/PHILLIPS.OPN.WP6
Opinion-Flash

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