TBALink Opinion-Flash

January 22, 1996 -- Volume #2 -- Number #07

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 : 1; New Opinons From TCA : 10; New Opinons From TCCA : 1; New Opinons From AG : Pending

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Click the URL Link at end of each Opinion Paragraph below. This option will allow you to download the original WP 6.0 document.

Jim Moore
TBALink Co-Chief Editor
Opinion-Flash

Document Name  :ALEXANDE.OPN.WP6
Court          :TSC


For Defendant-Appellee:         For Plaintiffs-Appellants:

Robert C. Goodrich, Jr.         W. Gary Blackburn
Farris, Warfield & Kanaday      David F. Gore
Nashville                       Blackburn & Slobey, P.C.
                                Nashville
John C. Tishler             
Nashville                       John D. Melton, III
                                Murfreesboro

                        
First Paragraph:

This case presents for review the decision of the Court of
Appeals sustaining the defendant's motion for summary
judgment on the ground the suit is barred by the three year
statute of limitations.  This Court finds the essential
cause of action alleged is breach of contract rather than
injury to property and, therefore, the applicable
limitation period is six years rather than three years.

URL:http://www.tba.org/tba_files/TSC/ALEXANDE.OPN.WP6


Document Name  :BRANNON.OPN.WP6
Court          :TCA


James B. Summers, 
Richard H. Allen, 
NEELY, GREEN, FARGARSON & BROOKE, Memphis, Tennessee
Attorney for Defendants/Counter-Plaintiffs/Appellants.

Blanchard E. Tual, Memphis, Tennessee
Attorney for Plaintiffs/Counter-Defendants/Appellees.

                        
First Paragraph:

This is a breach of contract case involving the sale of real
property.  After the buyers failed to close on the
property, the sellers initiated the present action seeking
money damages.  The buyers counterclaimed alleging fraud,
violation of Tennessee's Consumer Protection Act and/or
negligent misrepresentation.  A bench trial on the merits
resulted in a damages award for the sellers in the amount
of $53,484.92 and a dismissal of the counterclaim.  The
trial court expressly found no misrepresentation by the
sellers.  The buyers have appealed.  For reasons
hereinafter set forth, we affirm.

URL:http://www.tba.org/tba_files/TCA/BRANNON.OPN.WP6


Document Name  :COPPER.OPN.WP6
Court          :TCA


Ted I. Jones
Memphis, Tennessee
Attorney for Appellant, John F. Copper

Mimi Phillips
Memphis, Tennessee
Attorney for Appellee, Athena Copper

                        
First Paragraph:

Athena Chen Copper ("Wife") filed suit for divorce against
Dr. John Franklin Copper ("Husband") in the Circuit Court
of Shelby County.  Following a bench trial, the trial court
awarded a divorce to Wife on grounds of inappropriate
marital conduct, divided the marital property, and awarded
$2,000 a month alimony in futuro to Wife.  On appeal,
Husband has presented four issues for our consideration: 
whether the court erred in (1) awarding excessive alimony;
(2) requiring part of Husband's estate be used to repay
Wife's parents for alleged loans; (3) awarding attorney
fees and expenses to Wife; and (4) dividing the marital
property.  For the reasons stated herein, we affirm the
trial court's decision in its entirety.

URL:http://www.tba.org/tba_files/TCA/COPPER.OPN.WP6


Document Name  :GRASHOT.OPN.WP6
Court          :TCA


Warner Hodges, III, of Germantown
For Appellants

Joe Lee Wyatt, McWhirter & Wyatt, of Memphis
For Appellees

                        
First Paragraph:

This appeal involves the application of the relation back
provision of Tenn.R.Civ.P. 15.03 prior to the rule's
amendment effective July 1, 1995.  The rule provided:
15.03.  Relation Back of Amendments. - Whenever the claim
or defense asserted in the amended pleadings arose out of
the conduct, transaction or occurrence set forth or
attempted to be set forth in the original pleading, the
amendment relates back to the date of the original
pleading.  

URL:http://www.tba.org/tba_files/TCA/GRASHOT.OPN.WP6


Document Name  :HALL.OPN.WP6
Court          :TCA


J. FRANK HALL, JR.
Memphis, Tennessee
Attorney for Appellant

J. MINOR TAIT, JR.
ASSISTANT SHELBY COUNTY ATTORNEY
Memphis, Tennessee
Attorney for Appellees

                        
First Paragraph:

The majority of the facts in the present case are
undisputed.  Petitioner worked for Shelby County as a
delinquent tax attorney from May 10, 1977, to February 1,
1987. Petitioner was appointed to this position by the
Shelby County Trustee on a year-to-year basis. The Shelby
County Trustee did not reappoint Petitioner in January of
1987.

URL:http://www.tba.org/tba_files/TCA/HALL.OPN.WP6


Document Name  :LUDLOW.OPN.WP6
Court          :TCA


DAVID O. PRICE
Memphis, Tennessee
Attorney for Appellant

STEPHEN R. LEFFLER
Memphis, Tennessee
Attorney for Appellee

                        
First Paragraph:

This appeal arises from a trip and fall accident which
occurred on property owned by the Defendant-Appellant
Memphis and Shelby County Airport Authority ("Airport"). 
The lower court, sitting without a jury, found that the
Airport's failure to properly designate a change in
elevation at the base of an approach ramp created a
dangerous condition which proximately caused personal
injury to the Plaintiff Appellee, Howard T. Ludlow
("Ludlow").  The lower court assessed Ludlow's negligence
at 40%.  The Airport appeals the trial court's decision.

URL:http://www.tba.org/tba_files/TCA/LUDLOW.OPN.WP6


Document Name  :MOTT.OPN.WP6
Court          :TCA


ROBERT B. C. HALE
WARING COX
Memphis, Tennessee
Attorney for Defendant/Appellant Graves

H. MORRIS DENTON
DENTON & CARY
Bolivar, Tennessee
Attorney for Plaintiffs/Appellees

                        
First Paragraph:

Appellant D. Dean Graves ("Graves") appeals the chancellor's
decision requiring Graves to specifically perform a
contract by purchasing an $85,000 parcel of real estate
offered for sale by the Appellees, Donald L. Mott ("Mott")
and Murl Kennamore ("Kennamore").

URL:http://www.tba.org/tba_files/TCA/MOTT.OPN.WP6


Document Name  :PINSON.OPN.WP6
Court          :TCA


Beauchamp E. Brogan, 
General Counsel The University of Tennessee,
Ronald C. Leadbetter, Associate General Counsel
Attorneys for  Defendant/Appellant.

Sidney Gilreath,
Richard L. Duncan,
GILREATH & ASSOCIATES, Knoxville, Tennessee
Lee Greer, 
GREER & GREER, Paris, Tennessee
Attorneys for Claimant/Appellee.

                        
First Paragraph:

The Appellant, State of Tennessee, appeals a final order of
the Tennessee Claims Commission, finding Appellant
negligent and awarding Appellee, Michael Ray Pinson
(Pinson), judgment for  $300,000 for injuries sustained by
Pinson while playing football for the University of
Tennessee at Martin (UTM).

URL:http://www.tba.org/tba_files/TCA/PINSON.OPN.WP6


Document Name  :RAGAN.OPN.WP6
Court          :TCA


HUGHIE RAGAN
Jackson, Tennessee
Attorney for Plaintiff/Appellant

HUGH HARVEY, JR.
Jackson, Tennessee
Attorney for Defendants/Appellees

                        
First Paragraph:

This appeal arises from the Madison County Building
Commissioner Jack Hall's (hereinafter "Commissioner")
denial of a building permit to the Appellant, Hughie Ragan.
 Mr. Ragan appealed the Commissioner's decision to the
Board of Adjustments and Zoning Appeals (hereinafter
"Board") and the Madison County Chancery Court, both of
which affirmed the Commissioner's decision.   Appellant
filed a timely notice of appeal with this Court.

URL:http://www.tba.org/tba_files/TCA/RAGAN.OPN.WP6


Document Name  :SHEPHERD.OPN.WP6
Court          :TCA


Stephen P. Hale, 
Steven W. Likens,
Jennifer Ziegenhorn,
Memphis, Tennessee
Of Counsel:  ARMSTRONG, ALLEN, PREWITT, GENTRY, JOHNSTON 
& HOLMES, Memphis, Tennessee 
Attorneys for Plaintiff/Appellant.

Robert F. Miller,
Nimmo Bhagat,
Memphis, Tennessee
Of Counsel: THOMAS J. WALSH, Memphis, Tennessee
Attorney for Defendant/Appellee.

                        
First Paragraph:

This case concerns the final settlement of accounts between
former partners, James Arthur Griffin ("Griffin" or
"Appellee") and Mary Kathryn Shepherd ("Shepherd" or
"Appellant"), and entails a review of the accounting and
distribution of partnership assets as determined by the
trial court.  We first considered this matter in Shepherd
v. Griffin, 776 S.W.2d 119 (Tenn. App. 1989), wherein the
underlying facts are more fully set forth.  For our
purposes, we reiterate that the parties sought divorce in
early 1984, but prior to entry of a final decree, entered
into a business partnership, known as Griffin Enterprises,
in which they transferred all of their assets.  

URL:http://www.tba.org/tba_files/TCA/SHEPHERD.OPN.WP6


Document Name  :TAYLORGW.OPN.WP6
Court          :TCA


Henry C. Shelton, III of Memphis
For Plaintiff-Appellee

Timothy A. Ryan, III of Memphis
For Defendants-Appellants

                     
First Paragraph:

Defendants, Trans Aero Corporation (TAC), and Flight
Management, Inc., (FMI), appeal from the judgment of the
chancery court awarding breach of contract damages to
plaintiff, G. W. Taylor (Taylor).   Prior to May, 1986,
Taylor was the sole stockholder and chief executive officer
of TAC, primarily a business providing air charter services
to the public.  On January 1, 1986, TAC, through Taylor as
president, entered into a written lease agreement in which
it leased from General Electric Credit Corporation (GECC) a
jet airplane.  On April 17, 1986, TAC, pursuant to the
lease agreement, gave notice of the termination of the
lease.  

URL:http://www.tba.org/tba_files/TCA/TAYLORGW.OPN.WP6


Document Name  :TALLEY.OPN.WP6
Court          :TCCA


For the Appellant:              For the Appellee:

Donna Robinson Miller           Charles W. Burson
Assistant Public Defender       Attorney General of TN
700 Cherry Street               and
Suite 301                       Kimbra Spann 
Chattanooga, TN  37402          Asst Attorney General of TN
(On Appeal)                     Nashville, TN 37243-0493

Hiram Hill                      
Assistant Public Defender               
700 Cherry Street               Gary D. Gerbitz
Suite 301                       District Attorney General
Chattanooga, TN  37402          and
(At Trial)                      David Denny 
                                Assistant District Attorney General
                                
                        
First Paragraph:

The defendant, Steve Lebron Talley, was convicted of assault
with intent to commit first degree murder pursuant to a
guilty plea in the Hamilton County Criminal Court.  He
received a sentence of eighteen years to be served in the
custody of the Department of Corrections.  In this appeal
as of right he contends that his eighteen-year-sentence is
excessive because the trial court failed to weigh properly
the applicable enhancing and mitigating factors.  

URL:http://www.tba.org/tba_files/TCCA/TALLEY.OPN.WP6

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