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.
- 00-New Opinons From TSC
- 00-New Opinons From TSC-Rules
- 01-New Opinons From TSC-Workers Comp Panel
- 06-New Opinons From TCA
- 03-New Opinons From TCCA
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CAROLYN S. TODD vs. ST. PAUL FIRE AND MARINE INS. COMPANY Court:TSC - Workers Comp Panel For Appellant: For Appellee: Marianna Williams Steve Taylor Ashley, Ashley & Arnold Memphis, Tennessee Dyersburg, Tennessee Judge: Loser First Paragraph: In this appeal, the employer's insurer contends (1) benefits should be denied because of a false application for employment, (2) the trial court erred in awarding medical expenses not authorized by it, (3) the trial court erred in awarding temporary total disability benefits from the date of the injury until September 13, 1993 and (4) the award of medical benefits based on ten percent permanent partial disability to the body as a whole is excessive. The employee contends the award of permanent partial disability benefits is inadequate. As discussed below, the panel has concluded the award of temporary total disability benefits should be modified and the judgment otherwise affirmed. URL:http://www.tba.org/tba_files/TSC_WCP/TODDCS_OPN.WP6AME AT? COMMUNICATIONS OF THE SOUTH CENTRAL STATES, INC. vs. H. LYNN GREER, Chairman, SARA KYLE, Director, and MELVIN J. MALONE, Director, Constituting the Tennessee Regulatory Authority Concurring Opinion Court:TCA ATTY FOR PETITIONER/APPELLANT ATTY FOR RESPONDENTS/APPELLEES VAL SANFORD CHARLES W. BURSON JOHN KNOX WALKUP Attorney General and Reporter Gullett, Sanford, Robinson & Martin P. O. Box 198888 JONATHAN D. SHELL Nashville, Tennessee 37219-8888 Assistant Attorney General Tax Division 404 James Robertson Pkwy Nashville, Tennessee 37243-0489 Judge: LEWIS First Paragraph: This is an appeal by petitioner/appellant, AT? Communications of the South Central States, Inc. ("AT?"), from the decision of the Tennessee Public Service Commission ("TPSC") to implement a price regulation plan for United Telephone Southeast, Inc. ("UTS"). AT? claims that TPSC failed to follow the proper standards and procedures when it addressed the application of UTS to elect a price regulation plan pursuant to Tennessee Code Annotated section 65-5-209. DISMISSED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/AT?_OPN.WP6 URL:http://www.tba.org/tba_files/TCA/AT?_CON.WP6 CHARLES E. GREER VS. CORRECTIONS CORPORATION OF AMERICA, et al. Court:TCA Pro Se/Plaintiff/Appellant Attys for Defendants/Appellees CHARLES E. GREER, #003208 TOM ANDERSON South Central Correctional Center FRANKIE K. STANFILL P. O. Box 279, X-D109 P. O. Box 900 Clifton, Tennessee 38425-0279 Lexington, Tennessee 38351 Judge: CANTRELL First Paragraph: An inmate in a Tennessee prison operated by Corrections Corporation of America filed a complaint which alleged that prison guards employed by the corrections company had converted his personal property. The chancery court dismissed his complaint for failure to state a claim upon which relief can be granted. We reverse and reinstate the complaint. URL:http://www.tba.org/tba_files/TCA/GREERC_OPN.WP6 KNOTT'S WHOLESALE FOODS, INC. vs. BILLY L. AZBELL and J & R FOODS, INC. Court:TCA For the Plaintiff/Appellee: For the Defendants/Appellants: William R. Neese Lawrence D. Wilson Dresden, Tennessee Nashville, Tennessee Doyle E. Richardson Kline Preston Manchester, Tennessee Nashville, Tennessee John H. Norton, III Shelbyville, Tennessee Judge: LILLARD First Paragraph: In this case, Defendant Billy Azbell (Azbell) appeals the trial court's order granting summary judgment in favor of Plaintiff Knott's Wholesale Foods, Inc. (Knott's), finding that Azbell breached his fiduciary duty of loyalty as an employee. The trial court issued injunctive relief against Azbell and subsequently found that Azbell and defendant J & R Foods (J & R) engaged in a civil conspiracy to circumvent the injunction. Injunctive relief was issued against Azbell and J & R, and both defendants were held liable for compensatory damages, punitive damages, and attorneys' fees. Azbell and J & R appeal. We affirm in part and reverse in part. URL:http://www.tba.org/tba_files/TCA/KNOTTSF_OPN.WP6 LOUIS A. McREDMOND, PATRICK J. McREDMOND, JR., and MONICA McREDMOND TERRY, on behalf of ELK BRAND MANUFACTURING COMPANY, VS. ANDREW MARIANELLI, WALTER MARIANELLI DAVID MANNING, EDWIN S. PYLE, GORDON FERRAGINA, MILANO CORPORATION, AND ELK BRAND MANUFACTURING COMPANY Court:TCA ATTYS FOR PLAINTIFFS/APPELLANTS ATTORNEYS FOR DEFENDANT/APPELLEE Kenneth R. Jones Jon D. Ross SHERRARD AND ROE Philip N. Elbert Nashville, Tennessee John A. Coates NEAL & HARWELL CYRUS L. BOOKER Nashville, Tennessee 37219 Nashville, Tennessee John P. Branham BRANHAM & DAY Nashville, Tennessee First Paragraph: The captioned plaintiffs have appealed from a summary judgment dismissing their suit against the captioned defendants. URL:http://www.tba.org/tba_files/TCA/MCREDMN_OPN.WP6 NASHVILLE PAINTING CORP. vs. RAY BELL CONSTRUCTION CO., INC., and INSURANCE COMPANY OF NORTH AMERICA Court:TCA Judge: HIGHERS First Paragraph: On August 21, 1996, the Court entered its opinion in this matter. The opinion affirmed the trial court's judgment. Appellants timely filed a petition for rehearing on September 3, 1996. In their petition, Appellants assert, inter alia, that the Court misstated or overlooked two material facts in this case. URL:http://www.tba.org/tba_files/TCA/RAYBELL_ORD.WP6 DIXIE MILLBURN SELBY vs. LANDON SELBY Dissenting Opinion Court:TCA ATTORNEY FOR PLAINTIFF/APPELLEE ATTORNEY FOR DEFENDANT/APPELLANT DAVID W. GARRETT TERRY A. FANN 214 Second Avenue, North Waldron and Fann Suite 103 202 West Main Street Nashville, Tennessee 37201 Murfreesboro, Tennessee 37130 Judge: LEWIS First Paragraph: This is an appeal by defendant/appellant, Landon Selby, from a decision of the chancery court which granted appellant and plaintiff/appellee, Dixie Millburn Selby, a divorce and distributed the parties' marital and separate assets. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/SELBYL_OPN.WP6 URL:http://www.tba.org/tba_files/TCA/SELBYL_DIS.WP6 STATE OF TENNESSEE vs. RANDY COTHAM Court:TCCA For the Appellant: For the Appellee: Shipp R. Weems Charles W. Burson District Public Defender Attorney General and Reporter Robert H. Stovall, Jr. Mary Ann Queen Asst. Public Defender Legal Assistant P. O. Box 160 Charlotte, TN 37036 Charlotte H. Rappuhn Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 Dan Mitchum Alsobrooks District Attorney General George C. Sexton Asst. District Attorney General Humphreys County Courthouse Waverly, TN 37185 Judge: HAYES First Paragraph: On February 28, 1995, the appellant, Randy Cotham, was convicted by a Humphreys County jury of attempted voluntary manslaughter, a class D felony. Tenn. Code Ann. S 39-13-211 (1991); Tenn. Code Ann. S 39-12-101(a)(3) (1991). The trial court sentenced the appellant as a multiple, range II offender to eight (8) years imprisonment in the Tennessee Department of Correction, the maximum authorized punishment. Tenn. Code Ann. S 40-35-112(4) (1990). On appeal, the appellant contends that his sentence is excessive. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/COTHAM_OPN.WP6 THOMAS HEBRON vs. STATE OF TENNESSEE Court:TCCA For the Appellant: For the Appellee: Greg W. Eichelman Charles W. Burson District Public Defender Attorney General and Reporter Larry D. Drolsum Cyril V. Fraser Asst. Public Defender Assistant Attorney General P. O. Box 68 Criminal Justice Division Franklin, TN 37065 450 James Robertson Parkway Nashville, TN 37243-0493 Joseph D. Baugh, Jr. District Attorney General Ronald Davis Asst. District Attorney General P. O. Box 937 Franklin, Tn 37065 Judge: HAYES First Paragraph: The appellant, Thomas Hebron, appeals the dismissal by the trial court of his "Petition for Habeas Corpus/Petition for Post-Conviction Relief." The appellant is currently serving a sentence of life imprisonment pursuant to a conviction on August 24, 1984, for first degree murder. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/HEBRONT2_OPN.WP6 DAVID N. KUNTZ VS. STATE OF TENNESSEE Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: DAVID BORDENKIRCHER CHARLES W. BURSON 3221 Nolensville Rd., Ste. 207 Attorney General & Reporter Nashville, TN 37211 (On Appeal) EUGENE J. HONEA Asst. Attorney General R. N. (BO) TAYLOR 450 James Robertson Pkwy. 211 Donelson Pike, Ste. 2 Nashville, TN 37243-0493 P.O. Box 148058 Nashville, TN 37214 VICTOR S. JOHNSON, III (At Hearing) District Attorney General KYMBERLY HAAS Asst. District Attorney General 222 Second Ave. N. Nashville, TN 37201 Judge: PEAY First Paragraph: The defendant was convicted in 1972 of two armed robberies and sentenced to consecutive terms of twelve and fifteen years. In 1973, he escaped from prison. In 1982, he was arrested in Nebraska, and in 1983 he pled guilty in Tennessee to escape and was sentenced to a one year term. He was subsequently returned to Nebraska for service of that state's sentence. In 1990, he was paroled from his Nebraska sentence and returned to Tennessee. In April 1990, he filed a pro se "Petition For Post-Conviction or Writ of Habeas Corpus" which was denied. This denial was affirmed by this Court on direct appeal. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/KUNTZDN_OPN.WP6
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