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DAVID A. ALEXANDER and MACLIN P. DAVIS, JR. VS. JULIA ANN WHITE INMAN DISSENTING OPINION Court:TCA Anne C. Martin #15536 Ward DeWitt, Jr. #2626 DODSON, PARKER & BEHM TRABUE, STURDIVANT & DEWITT Harlan Dodson, III #2368 511 Union Street 306 Gay Street, Suite 400 2500 Nashville City Center P.O. Box 198806 Nashville, Tennessee 37219 Nashville, Tennessee 37219-8806 ATTORNEY FOR DEFENDANT/APPELLEE ATTORNEY FOR PLAINTIFF/APPELLANT Judge: TODD First Paragraph: The defendant, Julia Ann White Inman has appealed from the judgment of the Trial Court awarding the plaintiffs, Dave A. Alexander and Maclin P. Davis, $141,000 for balance due plaintiffs for legal services in her divorce case. MODIFIED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/ALEXANDE_OPN.WP6 URL:http://www.tba.org/tba_files/TCA/ALEXANDE_DIS.WP6 WALTER A. DICKMAN VS. HOMES OF LEGEND, INC. And MEADOWS HOMES, INC. CONCURRING OPINION Court:TCA RICHARD M. BROOKS CHARLES W. McKINNEY 215 Smotherman Avenue Two East Main Street P.O. Box 255 Gordonsville, TN 38563 Carthage, TN 37030 ATTORNEY FOR PLAINTIFF/APPELLANT KIMBERLY K. WHALEY DANIEL H. RADER III B.P.R. #11186 Moore, Rader, Clift and Fitzpatrick McHale, Lackey & Whaley 46 North Jefferson Avenue 101 Westpark Drive, Suite 135 Cookeville, TN 38502 Brentwood, Tennessee 37027 ATTORNEY FOR DEFENDANT/APPELLEE Judge: TODD First Paragraph: The plaintiff, Walter A. Dickman, has appealed from a summary judgment dismissing his action for his personal injuries sustained by electrical shock while attempting to repair an electric furnace in a mobile home manufactured by the defendant Homes of Legend, Inc. and sold by Meadows Homes, Inc. REVERSED, VACATED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/DICKMANW_OPN.WP6 URL:http://www.tba.org/tba_files/TCA/DICKMANW_CON.WP6 NANCY T. FRANCIS vs. REBECCA RUSSELL FRANCIS Court:TCA CLYDE A. DUNN, Newport, for Plaintiff-Appellant. ROY T. CAMPBELL, JR., Newport, for Defendant-Appellee. Judge: FRANKS First Paragraph: This action was brought to enforce a monetary judgment obtained by plaintiff in North Carolina against the defendant. Defendant filed a motion to dismiss stating inter alia that the judgment was obtained without jurisdiction over defendant in the state of North Carolina, and "because an action for alienation of affections has been abolished by statute in Tennessee and is no longer recognized in this state." The costs of the appeal are assessed to the appellee, and the cause remanded. URL:http://www.tba.org/tba_files/TCA/FRANCISN_OPN.WP6 LUVELL L. GLANTON VS. SHIRLEY BECKLEY CONCURRING OPINION Court:TCA ROBERT A. ANDERSON, #6029 2021 Richard Jones Road, Suite 350 Nashville, Tennessee 37215 ATTORNEYS FOR PLAINTIFF/APPELLANT CHARLES GALBREATH, #2779 211 Union Street, Suite 901 Nashville, Tennessee 37201 ATTORNEY FOR DEFENDANT/APPELLEE Judge: TODD First Paragraph: The captioned plaintiff has appealed from an unsatisfactory judgment in this suit arising from a joint real estate investment. VACATED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/GLANTON1_OPN.WP6 URL:http://www.tba.org/tba_files/TCA/GLANTONL_CON.WP6 RICKY HEMBREE VS. CHARLES TRAUGHBER, CHAIRMAN OF THE TENNESSEE BOARD OF PAROLES, CONCURRING OPINION Court:TCA EDWARD C. MILLER Public Defender P. O. Box 416 Dandridge, Tennessee 37725 Attorney for Petitioner/Appellant CHARLES W. BURSON Attorney General and Reporter PATRICIA C. KUSSMANN Assistant Attorney General 404 James Robertson Parkway Suite 2000 Nashville, Tennessee 37243 Attorney for Respondent/Appellee Judge: TODD First Paragraph: A prisoner in the custody of the Department of Correction had his sentence reduced, and subsequently asked the Parole Board to grant him a new hearing. The Board considered his request, but declined to grant the hearing. The prisoner then filed a Petition for Certiorari in the Chancery Court. The court dismissed the Petition for failure to state a claim upon which relief can be granted. We affirm. URL:http://www.tba.org/tba_files/TCA/HEMBRER_OPN.WP6 URL:http://www.tba.org/tba_files/TCA/HEMBRER_CON.WP6 HAROLD HENSLEY and wife, LIDIA HENSLEY VS. RONNIE HENSLEY BRITT Court:TCA HAROLD H. COLE 326 West Drive, Box 170 White House, TN 37188 ATTORNEY FOR PLAINTIFFS/APPELLANTS ROBERT G. INGRUM NATHAN HARSH 117 East Main Street Guardian Ad Litem Gallatin, TN 37066 123 Public Square Gallatin, TN 37066 ATTORNEY FOR DEFENDANT/APPELLEE Judge: TODD First Paragraph: The captioned plaintiffs have appealed from a non-jury judgment of the Trial Court in their favor and against the captioned defendant in the amount of $14,607.51. Plaintiffs had sued for $86,000.00, arising out of a series of transactions between the parties. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/HENSLEY_OP2.WP6 CHARLES G. KEY VS. EDWIN B. RASKIN COMPANY Court:TCA GEORGE E. COPPLE, JR. Suite 218 172 Second Avenue, North Nashville, Tennessee 37201 Attorney for Plaintiff/Appellant DAVID J. WHITE, JR. WHITE & REASOR 3305 West End Avenue Nashville, Tennessee 37203 Attorney for Defendant/Appellee Judge: CANTRELL First Paragraph: The issue on appeal is whether a lease entered into by the same parties for a subsequent term is a renewal of the original lease, thereby entitling the plaintiff to a real estate commission. The chancellor held that the new lease was not a renewal of the old one. We affirm that decision but modify the chancellor's order and delete the judgment for the plaintiff for a part of the commission earned during the first period. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/KEYC_OPN.WP6 ROGER D. LANCASTER and CHERYL A. LANCASTER VS. WILL C. ROBINETTE and DOROTHY ROBINETTE Court:TCA Gene Hallworth Harry L. Weddle III P.O. Box 938 Columbia, TN 38402-0938 ATTORNEY FOR PLAINTIFFS/APPELLANTS John T. Horton BREWER, KRAUSE, BROOKS & MILLS 611 Commerce Street, Suite 2600 Nashville, TN 37203 ATTORNEY FOR DEFENDANTS/APPELLEES Judge: TODD First Paragraph: The plaintiffs, husband and wife, sued the defendants, brother and sister in-law, for personal injuries suffered by the plaintiff husband in a fall inside a tobacco drying barn owned by defendants. The Trial Court granted summary judgment to the defendants. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/LANCASTE_OPN.WP6 HARRIET TERESA MARTIN VS. WASHMASTER AUTO CENTER, U.S.A., d/b/a WASHMASTERS AUTO CENTERS, and MURFREESBOROROAD AUTOWASH CORPORATION, d/b/a WASHMASTERS AUTO CENTERS Court:TCA LARRY R. WILLIAMS CAROLYN E. UNDERWOOD LARRY R. WILLIAMS, P.C. 329 Union Street Nashville, Tennessee 37219-0632 Attorneys for Plaintiff/Appellee THOMAS PINCKNEY ANDY ROWLETT HOWELL & FISHER Court Square Building 300 James Robertson Parkway Nashville, Tennessee 37201-1107 Attorneys for Defendants/Appellants Judge: CANTRELL First Paragraph: In this slip and fall case, the main issue on appeal is whether there is any evidence to support the plaintiff's verdict. We resolve that issue against the plaintiff and enter a judgment for the defendant in accordance with the motion made at the end of all the evidence. REVERSED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/MARTINH_OPN.WP6 WILLIAM J. PICKETT VS. LANA NEWTON PICKETT Court:TCA Hon. Joe W. Henry, Jr. Attorney at Law P.O. Box 458 Pulaski, TN 38478 ATTORNEY FOR PLAINTIFF/APPELLEE Hon. Andrea Huddleston Attorney at Law P.O. Box 787 Lawrenceburg, TN 38464 ATTORNEY FOR DEFENDANT/APPELLANT Judge: TODD First Paragraph: In this divorce case, the defendant counter-claimant wife has appealed from the judgment of the Trial Court declaring the parties to be divorced "pursuant to the statute," dividing the marital estate, granting custody of a minor child to the plaintiff-father, and ordering the mother to pay child support. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/PICKETT_OPN.WP6 BETTY SMITH, RACHEL CHILDRESS AND THE PLAY CENTER NURSERY, INC. vs. MARK REED and MELISSA REED, KINGSPORT PUBLISHING CORP., Keith Wilson, Publisher, Kingsport Times-News, Tom Como, Managing Editor, Kingsport Times-News, Allison Mechem, Reporter, Kingsport Times-News, AND ALLISON MECHEM, Individually Court:TCA D. MITCHELL BRYANT, JENNE, SCOTT & BRYANT, Cleveland, and KARMEN K. CAMPBELL, HOW, CAMPBELL & LEE, Sweetwater, for Plaintiffs Appellants. DAVID W. BLANKENSHIP, Kingsport, and DAVID L. MARBURGER and BETH A. BRANDON, BAKER & HOSTETLER, of counsel, for Defendants Appellees. Judge: FRANKS First Paragraph: In this action, the Trial Court granted summary judgment, and plaintiffs have appealed. Plaintiff Smith is the owner of the Play Center Nursery daycare, and plaintiff Childress is an employee at the daycare. The Reeds filed criminal charges against the plaintiffs after they found blisters on the inside of their two year old son's mouth. The Reeds attributed those blisters to Ms. Smith's disciplining their son. She was accused of making their son, who had been biting other children, touch his mouth to a hot pepper. The charges of child abuse were dismissed following a preliminary hearing. AFFIRMED and REMANDED. URL:http://www.tba.org/tba_files/TCA/SMITHVR_OPN.WP6 ELWIN N. SOUTH, SR. VS. TENNESSEE BOARD OF PAROLES Court:TCA ELWIN N. SOUTH, SR. Lake County Regional Correctional Facility Route 1, Box 330 Tiptonville, Tennessee 38079 Pro Se/Petitioner/Appellant CHARLES W. BURSON Attorney General and Reporter PATRICIA C. KUSSMANN Assistant Attorney General 404 James Robertson Parkway Suite 2000 Nashville, Tennessee 37243 Judge: CANTRELL First Paragraph: The Tennessee Board of Paroles declined to grant parole to a prisoner in the custody of the Department of Correction. He petitioned the Chancery Court for a Writ of Certiorari. The court dismissed his petition. We affirm. URL:http://www.tba.org/tba_files/TCA/SOUTHE_OPN.WP6 JOE LARRY TURNBO VS. BRENDA JANE (THOMPSON) TURNBO Court:TCA MICHAEL W. BINKLEY 150 Second Avenue, N. Suite 300 Nashville, Tennessee 37219 ATTORNEY ON APPEAL FOR PLAINTIFF/APPELLANT DENNIS PLUNK 404 W. Main Street Savannah, Tennessee 38372 ATTORNEY AT TRIAL FOR PLAINTIFF/APPELLANT CLAUDIA S. JACK Jack & Jack, Attorneys 22 Public Square Columbia, Tennessee 38402-0827 ATTORNEYS FOR DEFENDANT/APPELLEE THOMAS W. HARDIN 102 W. 7th Street Columbia, Tennessee 38402 ATTORNEYS FOR DEFENDANT/APPELLEE Judge: TODD First Paragraph: The husband appealed from a judgment granting to the wife an absolute divorce, alimony in futuro, and division of marital property. The husband also complains of the refusal of the Trial Judge to recuse himself because of alleged improprieties. MODIFIED, AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/TURNBO2_OP.WP6 BARBARA WOODALL vs. STATE OF TENNESSEE DEPARTMENT OF HUMAN SERVICES Court:TCA W. ANDREW FOX, Knoxville, for Plaintiff-Appellant. CHARLES W. BURSON, Attorney General and Reporter, WILLIAM J. MARETT, JR., Assistant Attorney General, Nashville, for Defendant-Appellee. Judge: FRANKS First Paragraph: Responding to a motion to dismiss, the Trial Court dismissed plaintiff's action on the grounds that judicial review was premature. Plaintiff, an employee of the Tennessee Department of Human Services, filed proceedings against the agency asserting that she was entitled to back pay for work performed outside her required duties. At the fifth step of the appeals process, the Tennessee Civil Service Commission ("Commission") denied her a hearing on the grounds that her complaint was "non-grievable" under Tenn. Comp. Rules and Regulations 1120-11-.08 (10), (12) (1994). AFFIRMED and REMANDED. URL:http://www.tba.org/tba_files/TCA/WOODALLB_OPN.WP6 STATE OF TENNESSEE VS. BENITA COLLINS Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: MACK GARNER CHARLES W. BURSON Public Defender Attorney General & Reporter 419 High St. Maryville, TN 37804 M. ALLISON THOMPSON (On Appeal) Counsel for the State 450 James Robertson Pkwy. JIMMY KYLE DAVIS Nashville, TN 37243-0493 713 Market St. Knoxville, TN 37901 MIKE FLYNN District Attorney General Blount County Courthouse Maryville, TN 37801 Judge: PEAY First Paragraph: The defendant was indicted on one count of embezzlement, one count of theft over sixty thousand dollars ($60,000), and one count of theft over ten thousand dollars ($10,000). She pled guilty to all three counts, leaving her sentence to the court's determination. After a sentencing hearing, the court sentenced her as a Range I standard offender. The defendant now appeals as of right, complaining that the sentencing court misapplied mitigating and enhancement factors, thereby imposing excessive sentences, and that it erred by refusing to grant her an alternative sentence. AFFIRMED AS MODIFIED. URL:http://www.tba.org/tba_files/TCCA/COLLINSB_OP2.WP6
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