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TBALink Opinion-Flash
December 6, 1996 -- Volume #2 -- Number #111
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
- 01-New Opinons From TSC-Workers Comp Panel
- 06-New Opinons From TCA
- 03-New Opinons From TCCA
- 00-New Opinons From TSC
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George Dean
TBALink Chief Editor
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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© Copyright 1998 Tennessee Bar Association - This Issue IN THIS ORDER: