TBALink Opinion-Flash

November 22, 1996 -- Volume #2 -- Number #106

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.

This Issue IN THIS ORDER:
00-New Opinons From TSC
00-New Opinons From TSC-Rules
00-New Opinons From TSC-Workers Comp Panel
06-New Opinons From TCA
00-New Opinons From TCCA

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TBALink Chief Editor


JAMES RONALD BORUM,v. MELINDA PHILLIPS BORUM,

Court:TCA

GLEN B. RUTHERFORD, LOCKETT, SLOVIS & WEAVER, Knoxville, for
Plaintiff-Appellant.

BROWDER G. WILLIAMS, Harriman, for Defendant-Appellee.
                      
Judge: Franks

First Paragraph:

In this divorce action the Trial Court ordered the husband to pay the
wife alimony in solido in the amount of $600.00 per month for ten
years, and the sole issue raised on appeal is: The amount of alimony
in solido awarded by the Court to the appellee was excessive.

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

CITY OF GATLINBURG, TENNESSEE, CITY OF PIGEON FORGE, TENNESSEE, CITY
OF SEVIERVILLE, TENNESSEE, COUNTY OF SEVIER, TENNESSEE, and SEVIER
SOLID WASTE, INC.,
v.
GRADY BASCOM FOX, JR. and wife, IRENE DIXON FOX, and CARROLL L. FOX
and wife, MILDRED PERRYMAN FOX,

Court:TCA

For Appellants                  For Appellees

DAVID C. LEE                    RONALD E. SHARP
J.D. LEE                        Sharp & Ripley
Lee, Lee & Lee                  Sevierville, Tennessee
Knoxville, Tennessee
                         
Judge: Susano

First Paragraph:

This is a condemnation case.  Petitioners acquired by eminent domain a
tract of real property in Sevier County for use as a landfill.  The
petitioners' authority to take the land is not in question; this
appeal only involves the amount of compensation to which the
landowners are entitled.  Following the first jury verdict, the trial
judge suggested a remittitur, which was accepted by the landowners. 
The petitioners, however, refused to accept the remittitur, and the
trial judge, believing he was required to do so, granted them a new
trial.  A second jury trial was conducted, yielding a much smaller
verdict.  The landowners appealed, contending that the trial court
erred in granting the petitioners a new trial.  They seek to have the
first verdict, less the remittitur, reinstated.  The following
question is presented for our review:
Does acceptance of a remittitur lie exclusively with the party in
whose favor the jury verdict has been rendered?

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

GLENDA LEE LOWE, v. ROBERT WILLIAM LOWE,

Court:TCA

MICHELL AARON BYRD, Chattanooga, for Appellant.

ROBERT WILLIAM LOWE, Pro Se.

Judge: McMurray

First Paragraph:

This is an appeal wherein the appellant (plaintiff) complains of the
action of the trial court in making a determination as to the amount
of child support arrearage owed by the appellee (defendant).  We
affirm the judgment of the trial court.

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

EVELYN McCONNELL, v. MOUNTAIN EMPIRE OIL COMPANY and CHARLES MORRIS,

Court:TCA

DAVID W. BLANKENSHIP, Kingsport, for Plaintiff-Appellant.

VINCENT A. SIKORA, RICHARD W. PECTOL & ASSOCIATES, P.C., Johnson City,
for Defendants-Appellees.
                       
Judge: McMurray

First Paragraph:

In this action for damages alleging sexual discrimination in violation
of the Tennessee Human Rights Act, T.C.A. S4-21-101, et seq., the
Trial Judge determined that the statute of limitations had run, and
dismissed the action.  Plaintiff has appealed.

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

LANDIS POSEY and DIXIE POSEY, as Administrators of the Estate of
LANDIS STEVEN POSEY,           
v.
TROY D. WILLIAMS, DeWILLIS WILLIAMS and JERRY L. GRAY, and TENNESSEE
FARMERS MUTUAL INSURANCE COMPANY, Unnamed Uninsured Motorist Carrier,

Court:TCA

For Appellants              For Appellee

HARRY WIERSEMA, JR.         STEPHEN A. MARCUM
Knoxville, Tennessee        P. EDWARD PRATT
                            MICHAEL E. JENNE
                            Baker, Donelson, Bearman
                            & Caldwell
                            Huntsville, Tennessee
                         
Judge: Susano

First Paragraph:

This case presents a question of coverage under the uninsured motorist
provisions of an automobile insurance policy issued by Tennessee
Farmers Mutual Insurance Company (Tennessee Farmers) to Landis Posey
and his wife, Dixie Posey (collectively referred to as "the Poseys"). 
The Poseys, as administrators of the estate of their son, Landis
Steven Posey (Steven Posey), filed a tort action against three
individuals for the wrongful death of their son.  Process was served
on Tennessee Farmers pursuant to the Tennessee uninsured motor vehicle
statutes, T.C.A. S 56-7 1201, et seq.  The trial court granted
Tennessee Farmers' motion for summary judgment because it found from
the undisputed facts that the plaintiffs had failed to give Tennessee
Farmers timely notice of the automobile accident in which their son
sustained fatal injuries.  The plaintiffs appealed.  They argue that
summary judgment was improperly granted to Tennessee Farmers.  We
affirm.

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

DEBORAH SMALLING, v. MARTHA TERRELL and WADE TERRELL DONAGHEY,        

Court:TCA

For Appellant                   For Appellees

SHARON G. LEE                   J. LEWIS KINNARD
Lee & Tallent                   Madisonville, Tennessee
Madisonville, Tennessee
                        
Judge: Susano

First Paragraph:

This litigation focuses on the ownership of 36 acres of farmland in
Monroe County.  The plaintiff claims that she is the fee simple owner
of the property by virtue of the holographic will of William P. Avery,
the man with whom she lived from 1980 until his death by suicide on
May 28, 1994.  The trial court held that a two-acre tract, including a
house, passed absolutely to the plaintiff under the terms of the will,
but that the remaining 34 acres "passed under [a] resulting trust to
the defendants."  The plaintiff appealed, arguing that the trial court
erred in finding that a resulting trust was created with respect to
the 34 acres.

URL:http://www.tba.org/tba_files/TCA/SMALLING_OPN.WP6

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