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TBALink Opinion-Flash
November 21, 1996 -- Volume #2 -- Number #105
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.
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STATE OF TN, ET AL. V. WAYNE BURNS AND JOHNNIE S. DANIELS, AND JOHNNIE S. DANIELS V. WAYNE BURNS AND BETTY BRENT d/b/a BRENT BONDING COMPANY Court:TCA JOE P. BINKLEY Nashville, TN MARK A. ELLMORE Nashville, TN ATTORNEYS FOR RESPONDENT/APPELLANT BETTY BRENT d/b/a BRENT BONDING COMPANY JOSEPH F. ROSENBERG Dale, Rosenberg & McLean Nashville, TN ATTORNEY FOR DEFENDANT/PETITIONER/APPELLEE JOHNNIE S. DANIELS Judge:SAMUEL L. LEWIS This is an appeal by appellant, Betty Brent d/b/a Brent Bonding Company, from a decision of the chancery court which found that appellee, Johnnie S. Daniels, had properly redeemed the property purchased by Brent at a delinquent tax sale and which voided a quitclaim deed from Daniels to Wayne Burns. The facts out of which this matter arose are as follows. URL:http://www.tba.org/tba_files/TCA/BURNSW_OPN.WP6
CHRISTOPHER E. CLABOUGH VS. PATRICIA J. CLABOUGH
Court:TCA
Attorneys: PHILIP E. SMITH
PHILLIP ROBINSON
Nashville, TN
Attorneys for Plaintiff/Appellant
ROSE PALERMO
CHEATHAM & PALERMO
Nashville, TN
Attorney for Defendant/Appellee
Judge:BEN H. CANTRELL
First Paragraph:
There are two questions raised by the appellant in this appeal: (1)
Did the trial court err by granting separate support and maintenance
to the wife when no such relief was requested in the pleadings? and
(2) Did the trial courts actions deprive the appellant of his right
to due process? We affirm the judgment below but remand the cause for
a determination of whether the separation is to be deemed temporary or
perpetual.
URL:http://www.tba.org/tba_files/TCA/CLABOUGH_OPN.WP6
IN RE: THE ESTATE OF SALLY B. COGGINS, deceased
Court:TCA
JERRY SHATTUCK, WITH SHATTUCK & ELLEGE, OF CLINTON, TN, FOR
APPELLANT WILMA J. BOWMAN
LYNN M. LAUDERBACK, WITH LAUDERBACK & LAUDERBACK, OF KINGSPORT,
TN, and HUGH P. CLINE, WITH CLINE, ADKINS & CLINE, OF NORTON,
VIRGINIA, FOR APPELLEE LUCILE B. CARTER
Judge:Sanders
First Paragraph:
The pivotal issue on this appeal is, if an attorney in fact issues a
check to a bank, drawn on the checking account of her principal, for
which the bank issues a time certificate of deposit for the amount of
the check in the name of the principal "or" the attorney in fact, and
there is no specific provision in the power of attorney for such
transaction and no signature card or contract relating to the
certificate of deposit signed by either the principal or the attorney
in fact, upon the death of the principal, which is entitled to the
funds, the principal's estate or the attorney in fact?
URL:http://www.tba.org/tba_files/TCA/COGGINS_OPN.WP6
CONTRACTORS HEATING & COOLING, INC., and JAMES T. REDD
VS.
PAUL L.DEVINE
Court:TCA
TODD E. PANTHER
TUNE, ENTREKIN & WHITE
Nashville, TN
Attorney for Appellant
GAIL P. PIGG
Nashville, TN
Attorney for Appellees
Judge:ALAN E. HIGHERS
First Paragraph:
Plaintiff, James T. Redd, filed suit in the Chancery Court of Davidson
County against defendant, Paul L. Devine, seeking to enforce a stock
retirement agreement ("SRA"). The trial court held that the SRA was
valid and enforceable. The trial court ordered Devine to convey his
stock to the company for the price stated in the SRA. Devine has
appealed, arguing that the SRA should not be enforced and that the
company should be required to pay fair market value for his stock.
URL:http://www.tba.org/tba_files/TCA/CONHEAT_OPN.WP6
CULTRA LANDSCAPING SUPPLY COMPANY
VS.
DIRECTOR OF HIGHWAYS DEPARTMENT OF TRANSPORTATION AND W. L. SHARPE
CONTRACTING COMPANY, INC. AND CHARLES HILL, Individually and d/b/a
C. H. HILL LANDSCAPE AND EXCAVATING
Court:TCA
Andrew H. Owens, LAW OFFICES OF DON OWENS, P.A., Memphis, TN,
for Plaintiff/Appellant.
Jeffery D. Parrish, BOROD & KRAMER, P.C., Memphis, TN,
for Defendant/Appellee Charles Hill.
Judge:FARMER
First Paragraph:
This is an action by the appellant, Cultra Landscaping Supply Company
(Cultra), seeking to recover the balance allegedly due on an open
account. Cultra's complaint, as amended, was filed against the
Director of Highways, Department of Transportation, W. L. Sharpe
Contracting Company, Inc. (Sharpe) and Charles Hill, individually and
d/b/a C. H. Hill Landscape and Excavating (Hill). For purposes of
this appeal, however, the only other party before us is Hill, the
appellee. A bench trial resulted in a judgment for Hill. Cultra
appeals on the sole basis that the evidence presented at trial
preponderates against the trial court's findings.
URL:http://www.tba.org/tba_files/TCA/CULTRA_OPN.WP6
DON CARLOS FORD v. BRENDA DIANNE FORD
Court:TCA
REX L. BRASHER, Brown, Brasher & Smith, Memphis, Attorney for Plaintiff.
KAY FARESE TURNER, Turner & McGhee, Memphis, Attorney for Defendant.
Judge:TOMLIN
First Paragraph:
Don C. Ford ("Husband") filed suit in the Circuit Court of Shelby
County against Brenda D. Ford ("Wife") seeking a divorce on the
grounds of either irreconcilable differences or inappropriate marital
conduct. Wife filed a counter complaint seeking a divorce on the
grounds of inappropriate marital conduct and adultery. At trial the
parties stipulated to inappropriate marital conduct on the part of
husband, who also had previously admitted to one or more acts of
adultery in his pretrial deposition. Following a bench trial the
court awarded wife the divorce.
URL:http://www.tba.org/tba_files/TCA/FORDBD_OPN.WP6
MARILYN KENNEDY HENDON VS. ROBERT C. HENDON, JR
Court:TCA
MARLENE ESKIND MOSES
Eisenstein, Moses & Mossman
Nashville, TN
Attorney for Plaintiff/Appellee
JAMES H. DRESCHER
Stokes & Bartholomew, P.A.
Nashville, TN
Attorney for Defendant/Appellant
Judge:BEN H. CANTRELL
First Paragraph:
In this post-divorce proceeding, the trial judge modified a temporary
award of rehabilitative support by changing it to a long-term award.
The husband argues on appeal that there have been no unforeseen
changes in circumstances since the divorce; that the lower court erred
in not considering the fact that the wife will inherit a substantial
estate from her parents; and that the court erred in relying on the
fact that the husband's current wife has a substantial income. We
affirm the trial court.
URL:http://www.tba.org/tba_files/TCA/HENDONRC_OPN.WP6
WINSTON T. KNOWLES and LINDA KNOWLES
VS.
STATE OF TN, CHATEM, INCORPORATED, PHILIP E. COX and EMILY B.
COX
Court:TCA
JOHN C. CAVETT, JR., Cavett & Abbott, Chattanooga, for Appellants.
DAVID W. NORTON, and WM. SHELLEY PARKER, JR., Chattanooga, for
Appellees.
Judge:McMurray
First Paragraph:
This action was originally filed against the defendants listed in the
caption. The complaint was later amended, however, and The City of
Chattanooga and Hamilton County were added as defendants and the
defendant, State of TN was dismissed from the action. The
complaint sought to have a tax sale of certain properties claimed by
the plaintiffs set aside. The trial court denied relief.
URL:http://www.tba.org/tba_files/TCA/KNOWLESW_OPN.WP6
RHONDA REAGAN VS. JOHN REAGAN
Court:TCA
MARTHA MEARES, Maryville, and JOHN E. McDONALD, JOYCE, MEREDITH,
FLITCROFT & NORMAND, Oak Ridge, for Appellee.
ROBERT N. GODDARD, GODDARD & GAMBLE, Maryville, for Appellant.
Judge:Franks
First Paragraph:
In this divorce action, the husband questions the nature and extent of
the alimony awards made to the wife.
URL:http://www.tba.org/tba_files/TCA/REAGANR_OPN.WP6
JAMES YETT WEST VS. JUDY SCARBROUGH WEST and JEANNE WEST BENNETT
Court:TCA
JERROLD L. BECKER OF KNOXVILLE FOR APPELLANT
ROBERT R. SIMPSON OF KNOXVILLE FOR APPELLEE
Judge:Goddard
First Paragraph:
This appeal questions the Trial Court's granting a $13,190.37 judgment
in favor of Jeanne West Bennett against her father, James Yett West in
a divorce suit between her parents, in which Ms. Bennett intervened.
URL:http://www.tba.org/tba_files/TCA/WESTJS_OPN.WP6
WALLACE BUTLER VS. BLACKWOOD, RICKY BELL, WARDEN,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
GARY ANTRICAN CHARLES W. BURSON
Public Defender Attorney General & Reporter
SHANA McCOY-JOHNSON MARY ANNE QUEEN
Asst. Public Defender Legal Assistant
118 East Market St. -and-
Somerville, TN 38068-0700 ELLEN H. POLLACK
Asst. Attorney General
ELIZABETH T. RICE
District Attorney General
Judge:JOHN H. PEAY
First Paragraph:
The petitioner was convicted by a jury of five counts of armed
robbery, four of which were affirmed and one of which was reversed and
dismissed by this Court in an opinion filed on March 6, 1985.
Application for permission to appeal to the Supreme Court was denied
on June 10, 1985. The petitioner subsequently filed a petition for
writ of habeas corpus on May 24, 1995, which the court below treated
as one for post-conviction relief and dismissed without a hearing on
the basis that it was time-barred. He contends that this summary
dismissal was improper.
URL:http://www.tba.org/tba_files/TCCA/BUTLERW_OPN.WP6
STATE OF TN VS. CHRISTIAN DALE JOHNSON
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
W. JEFFERY FAGAN CHARLES W. BURSON
Assistant District Public Defender Attorney General and Reporter
P.O. Box 663
Camden, TN 38320 SARAH M. BRANCH
Counsel for the State
ROBERT RADFORD
District Attorney General
Judge:DAVID H. WELLES
First Paragraph:
The Defendant, Christian Johnson, appeals as of right pursuant to Rule
3 of the TN Rules of Appellate Procedure. He was convicted by
a Henry County jury of aggravated sexual battery and aggravated
burglary. For the aggravated sexual battery, he was sentenced as a
Range I offender to serve eight years in the Department of Correction.
For the aggravated burglary, he was sentenced as a Range I offender
to three years to be served concurrently with the other sentence. The
Defendant appeals his conviction.
URL:http://www.tba.org/tba_files/TCCA/JOHNSONC_OPN.WP6
STATE OF TN VS. WILLIE H. JOHNSON
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
A. C. WHARTON CHARLES W. BURSON
Public Defender Attorney General
WALKER GWINN CYRIL V. FRASER
Assistant Public Defender Assistant Attorney General
JOHN W. PIEROTTI
District Attorney General
TERRELL HARRIS
Assistant District Attorney General
Judge:DAVID H. WELLES
First Paragraph:
This is an appeal as of right pursuant to Rule 3 of the TN
Rules of Appellate Procedure. A Shelby County jury found the
Defendant guilty of burglary. The trial judge found the Defendant to
be a career offender and sentenced him to twelve years in the
Department of Correction. In this appeal, he argues that the evidence
presented at trial was insufficient to support the jury's finding of
guilt beyond a reasonable doubt.
URL:http://www.tba.org/tba_files/TCCA/JOHNSONW_OPN.WP6
JAMES LIGGINS VS. STATE OF TN
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
C. Anne Tipton Charles W. Burson
Attorney at Law Attorney General & Reporter
240 North Third Street
Memphis, TN 38103 Robin L. Harris
Assistant Attorney General
John W. Pierotti
District Attorney General
James Challen
Asst. Dist. Attorney General
Judge:PAUL G. SUMMERS
First Paragraph:
The appellant, James Liggins, pled guilty to one count of aggravated
robbery and received a nine year sentence. Thereafter, he filed for
post conviction relief alleging that he received ineffective
assistance of counsel. Following an evidentiary hearing, the trial
court denied the petition.
URL:http://www.tba.org/tba_files/TCCA/LIGGINS_OPN.WP6
STATE OF TN VS. MALUNDA L. MYERS
w/DISSENTING OPINION & SEPARATE CONCURRING OPINION
Court:TCCA
For the Appellant: For the Appellee:
James V. Ball Charles W. Burson
Attorney at Law Attorney General and Reporter
217 Exchange Avenue
Memphis, TN 38105 Ellen H. Pollack
Assistant Attorney General
John W. Pierotti
District Attorney General
Thomas Hoover and
Reginald R. Henderson
Asst. District Attorneys General
Judge:David G. Hayes
First Paragraph:
The appellant, Malunda L. Myers, appeals from the verdict entered by a
Shelby County jury finding him guilty of first degree murder and
setting his punishment at life imprisonment. On appeal, the appellant
raises the single issue of whether the evidence presented at trial was
sufficient to support a conviction for first degree murder.
Specifically, the appellant contends that the State failed to prove
the requisite elements of premeditation and deliberation beyond a
reasonable doubt.
URL:http://www.tba.org/tba_files/TCCA/MYERSML_OPN.WP6
URL:http://www.tba.org/tba_files/TCCA/MYERSML_DIS.WP6
URL:http://www.tba.org/tba_files/TCCA/MYERSML_CON.WP6
STATE OF TN VS. GARY RUSSELL
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
DANIEL TAYLOR CHARLES W. BURSON
Assistant Public Defender Attorney General and Reporter
227 West Baltimore Street
Jackson, TN 38301 WILLIAM DAVID BRIDGERS
Assistant Attorney General
JAMES G. (JERRY) WOODALL
District Attorney General
DONALD H. ALLEN
Assistant District Attorney General
Judge:CORNELIA A. CLARK
First Paragraph:
Defendant was indicted for violation of the worthless check law under
T.C.A. S39-14-121. He was convicted by a jury on June 8, 1995, and
sentenced by the court on June 11, 1995, to four years as a Range I
standard offender. On appeal, he argues that the trial court erred in
denying his motion for a judgment of acquittal.
URL:http://www.tba.org/tba_files/TCCA/RUSSELLG_OP2.WP6
CALVIN SHAZEL, v. STATE OF TN
Court:TCCA
For Appellant:
Katherine J. Kroeger
Assistant Public Defender
Office of the Public Defender
For Appellee:
Charles W. Burson
Attorney General & Reporter
Eugene J. Honea
Assistant Attorney General
Criminal Justice Division
Jan Hicks
Assistant District Attorney General
Judge: GARY R. WADE
First Paragraph:
The petitioner, Calvin Shazel, appeals the trial court's denial of
post conviction relief. Two issues are presented for review: (1)
whether the petitioner received the effective assistance of counsel,
and (2) whether the petitioner waived his right to seek
post-conviction relief.
URL:http://www.tba.org/tba_files/TCCA/SHAZEL_OPN.WP6
STATE OF TN,v. LEE RUSSELL TOWNES,
Court:TCCA
For Appellant: For Appellee:
Guy T. Wilkinson Charles W. Burson
District Public Defender Attorney General & Reporter
Billy Roe Clinton J. Morgan
Assistant Public Defender Assistant Attorney General
Robert Radford
District Attorney General
Eleanor Cahill
Assistant District Attorney General
Judge: GARY R. WADE
First Paragraph:
The defendant, Lee Russell Townes, was convicted of felony murder,
burglary and theft of property under $500.00. The trial court imposed
a Range I, four-year sentence for the burglary conviction and an
eleven-month, twenty-nine day sentence for the theft conviction. The
sentences are concurrent. The life sentence for the felony murder is
to be served consecutive to the other two terms.
URL:http://www.tba.org/tba_files/TCCA/TOWNESLR_OPN.WP6
STATE OF TN, v. TALMADGE G. WILBANKS,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
THOMAS M. VETETO CHARLES W. BURSON
Suite 1922 Attorney General and Reporter
100 North Main Building
Memphis, TN 38103 ROBIN L. HARRIS
Assistant Attorney General
JOHN W. PIEROTTI
District Attorney General
ROBERT CARTER
Assistant District Attorney General
Judge: DAVID H. WELLES
First Paragraph:
The Defendant, Talmadge G. Wilbanks, appeals as of right pursuant to
Rule 3 of the TN Rules of Appellate Procedure. He was
convicted by a Shelby County jury of reckless driving and unlawful
carrying of a weapon. The trial court sentenced him to ten days for
each offense, with the sentences to run concurrently, and imposed a
two hundred fifty dollar ($250) fine. The trial court suspended the
sentences and placed the Defendant on probation for six months. In
this appeal, the Defendant argues that the trial judge abused his
discretion by denying him judicial diversion.
URL:http://www.tba.org/tba_files/TCCA/WILBANKS_OPN.WP6
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© Copyright 1998 Tennessee Bar Association - This Issue IN THIS ORDER: