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TBALink Opinion-Flash
December 18, 1996 -- Volume #2 -- Number #118
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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THELMA AILOR, EARL AILOR and PAM AILOR vs. CITY OF MAYNARDVILLE Court:TCA JON G. ROACH OF KNOXVILLE FOR CITY OF MAYNARDVILLE LINDA J. HAMILTON MOWLES OF KNOXVILLE FOR THELMA AILOR, EARL AILOR and PAM AILOR Judge: GODDARD First Paragraph: This is an appeal from a judgment entered by the Union County Circuit Court in a case arising from the failure of the Defendant to repair the damage to the Plaintiffs' home caused by the blockage of a sewer line. Plaintiffs Thelma, Earl, and Pam Ailor filed suit against Defendant City of Maynardville on September 29, 1992, for breach of implied contract or contract by estoppel and for negligence under the Governmental Tort Liability Act. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/AILORT_OPN.WP6
KENNETH MICHAEL BAILES
vs.
PUBLIC BUILDING AUTHORITY
Court:TCA
PAUL D. HOGAN, JR., OF KNOXVILLE FOR APPELLANT
T. SCOTT JONES OF KNOXVILLE FOR APPELLEE
Judge: GODDARD
First Paragraph:
The Public Building Authority of the City of Knoxville appeals a
judgment of $26,873.10 rendered against it in favor of Kenneth Michael
Bailes as a result of injuries suffered by him when he fell while
exiting a malfunctioning elevator in the City County Building. In
making the award the Trial Court allocated 90 percent of the
negligence causing the accident to the City and 10 percent to Mr.
Bailes. REVERSED, DISMISSED and REMANDED.
URL:http://www.tba.org/tba_files/TCA/BAILESK_OPN.WP6
CASTLEWOOD, INC
vs.
ANDERSON COUNTY, TENNESSEE; PATSY STAIR, Trustee; OWEN K. RICHARDSON,
Tax Assessor; CITY OF OAK RIDGE, TENNESSEE; and the TENNESSEE STATE
BOARD OF EQUALIZATION
Court:TCA
DAVID A. STUART OF CLINTON FOR APPELLANTS ANDERSON COUNTY, PATSY STAIR
and OWEN K. RICHARDSON
CHARLES W. BURSON, Attorney General of Tennessee, and CHRISTINE LAPPS,
Assistant Attorney General, OF NASHVILLE FOR APPELLANT TENNESSEE
STATE BOARD OF EQUALIZATION
BERNARD E. BERNSTEIN and DORIS C. ALLEN OF KNOXVILLE FOR APPELLEE
Judge: GODDARD
First Paragraph:
This is an appeal from a judgment entered by the Anderson County
Chancery Court holding that the Appellee's condominium units should be
classified as residential property and assessed at 25 percent of their
value for property tax purposes rather than being classified as
industrial and commercial property and assessed at 40 percent of their
value. VACATED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/CASTLEWO_OPN.WP6
JOHN TIMOTHY ENOCHS
vs.
DR. GEORGE N. NERREN, Superintendent of Dyersburg City Schools, and
THE DYERSBURG BOARD OF EDUCATION
Court:TCA
For the Plaintiff/Appellant: For The Defendants/Appellees:
Charles Hampton White Nicholas E. Bragorgos
Richard L. Colbert James F. Horner
Nashville, Tennessee Memphis, Tennessee
Judge: LILLARD
First Paragraph:
This case involves the dismissal of a tenured teacher. Appellant
John Timothy Enochs ("Enochs") challenges his discharge by Appellee
Dyersburg Board of Education ("Board") from his position as a tenured
teacher in the Dyersburg City School System. After a hearing, Enochs'
dismissal was affirmed by the trial court. In this appeal, Enochs
claims that the trial court's hearing and review of the Board's
dismissal violated the Teacher Tenure Act and his right to due
process. We affirm the decision of the trial court.
URL:http://www.tba.org/tba_files/TCA/ENOCHSJT_OPN.WP6
BILLIE J. METCALFE, ET AL
vs.
LARRY J. WATERS and CHARLES W. PRUITT
Court:TCA
C. Philip M. Campbell and R. Sadler Bailey, Law Offices of Bailey &
Associates of Memphis, For Appellees
Paul E. Lewis of Millington, For Appellant, Waters
Robert C. Rosenbush of Millington, For Appellant, Pruitt
Judge: CRAWFORD
First Paragraph:
This is a legal malpractice case. Defendants, Larry J. Waters and
Charles W. Pruitt, appeal from the judgment of the trial court on a
jury verdict awarding plaintiffs, Billie J. Metcalfe, Julia M.
Metcalfe, and Johnny D. Metcalfe, compensatory and punitive damages.
AFFIRMED IN PART, VACATED IN PART AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/METCALFE_OPN.WP6
STATE OF TENNESSEE, ex rel., JOHN A. ROBERTS, et al.
vs.
I.D. "BABE" CONNER, et al.
Court:TCA
HUBERT D. PATTY OF MARYVILLE FOR APPELLANTS
DAVID E. RODGERS OF OAK RIDGE FOR APPELLEES
Judge: GODDARD
First Paragraph:
John A. Roberts and the other Plaintiffs in this cause appeal
dismissal of their suit styled "COMPLAINT OF OUSTER" against a number
of Defendants. On the date the present suit was filed the original
Defendants, other than those denominated ex officio Defendants--the
District Attorney General, City Attorneys for the City of Lenoir City,
and the Attorney General of Tennessee--were either former members or
present members of the City Commission. By amendment, two additional
present members of the Commission were added as parties Defendant.
All of the Defendants who are present members of the Commission have
been elected or re-elected since commission of the improper acts
alleged. AFFIRMED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/ROBERTSJ_OPN.WP6
GEORGE WASHINGTON WILKERSON
vs.
VICIE MARIE BROWN WILKERSON
Court:TCA
JAMES HARVEY STUTTS OF SWEETWATER FOR APPELLANT
MARY KATHERINE LONGWORTH OF LOUDON FOR APPELLEE
Judge: GODDARD
First Paragraph:
This is an appeal by the Respondent, George Washington Wilkerson, from
the Trial Court's judgment entered in favor of the Petitioner, Vicie
Marie Brown Wilkerson in the amount of $1873.60 for half of their
unemancipated child's funeral bill and $350 in attorney fees. AFFIRMED
AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/WILKERSG_OPN.WP6
STATE OF TENNESSEE
vs.
JEFFREY A. BIVENS
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Mike Mosier Charles W. Burson
Attorney at Law Attorney General & Reporter
204 West Baltimore
P.O. Box 1623 Ellen H. Pollack
Jackson, TN 38302-1623 Assistant Attorney General
Criminal Justice Division
Clayton F. Mayo 4 50 James Robertson Parkway
Attorney at Law Nashville, TN 37243-0493
618 North Highland Avenue
P.O. Box 1625 Terrell L. Harris
Jackson, TN 38302-1625 District Attorney General Pro Tem
Assistant District Attorney
201 Poplar, Suite 301
Memphis, TN 38103-1947
Tom Murray
Special Prosecutor
312 South Shannon
Jackson, TN 38301
Judge: SUMMERS
First Paragraph:
The appellant, Jeffrey Bivens, was convicted on two counts of first
degree murder. He was sentenced to life without parole on each count.
The sentences were ordered to run consecutively. The appellant
presents five issues for review and challenges: 1. The sufficiency of
the evidence; 2. The admission of photographs; 3. The admission of
forgery evidence; 4. The admission of the medical examiner's statement
that both victims' wounds were made by the same person; and 5. The
application of statutory enhancement factors. Upon review, we affirm
the judgment as to convictions and sentences in all respects.
URL:http://www.tba.org/tba_files/TCCA/BIVENS_OPN.WP6
STATE OF TENNESSEE
vs.
JON CONNORS, also known as JON ROBERT CONNORS
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Natalee S. Hurley Charles W. Burson
Asst. District Public Defender Attorney General & Reporter
318 Court Street 500 Charlotte Avenue
Maryville, TN 37804-4912 Nashville, TN 37243-0497
OF COUNSEL: Darian B. Taylor
Assistant Attorney General
R. Mack Garner 450 James Robertson Parkway
District Public Defender Nashville, TN 37243-0493
318 Court Street
Maryville, TN 37804-4912 Michael L. Flynn
District Attorney General
363 Court Street
Maryville, TN 37804-5906
Edward P. Bailey, Jr.
Asst District Attorney General
363 Court Street
Maryville, TN 37804-5906
Judge: JONES
First Paragraph:
The appellant, Jon Connors, also known as Jon Robert Connors, entered
into a plea bargain agreement with the State of Tennessee. The
appellant entered pleas of guilty to the offenses of aggravated sexual
battery, a Class B felony, and aggravated assault, a Class C felony.
The trial court sentenced the appellant pursuant to the plea bargain.
In this Court, the appellant contends the trial court abused its
discretion by (a) denying his motion to withdraw his pleas of guilty,
and (b) refusing to impose an alternative sentence to incarceration.
After a thorough review of the record, the briefs submitted by the
parties, and the law governing the issues, it is the opinion of this
Court that the judgments of the trial court should be reversed and
this cause remanded to the trial court for further proceedings
consistent with this opinion.
URL:http://www.tba.org/tba_files/TCCA/CONNORSJ_OPN.WP6
STATE OF TENNESSEE
vs.
CHRISTOPHER LEE PRICE
Court:TCCA
For the Appellant: For the Appellee:
Guy T. Wilkinson Charles W. Burson
District Public Defender Attorney General and Reporter
W. Jeffery Fagan
Asst. District Public Defender Clinton J. Morgan
Post Office Box 663 Assistant Attorney General
Camden, TN 38320 Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
Robert "Gus" Radford
District Attorney General
Post Office Box 686
Huntingdon, TN 38344
Judge: HAYES
First Paragraph:
The appellant, Christopher Lee Price, was found guilty by a Henry
County jury of theft of property over $500 and burglary. On appeal,
the appellant contends that the evidence corroborating the testimony
of his two accomplices is insufficient to sustain his convictions.
REVERSED AND DISMISSED.
URL:http://www.tba.org/tba_files/TCCA/PRICECL_OPN.WP6
STATE OF TENNESSEE
vs.
CHRISTOPHER LEE PRICE
Court:TCCA
For the Appellant: For the Appellee:
Guy T. Wilkinson Charles W. Burson
District Public Defender Attorney General and Reporter
W. Jeffery Fagan
Asst. District Public Defender Clinton J. Morgan
Post Office Box 663 Assistant Attorney General
Camden, TN 38320 Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
Robert "Gus" Radford
District Attorney General
Post Office Box 686
Huntingdon, TN 38344
Judge: HAYES
First Paragraph:
The appellant, Christopher Lee Price, was found guilty by a Henry
County jury of theft of property over $500 and burglary. On appeal,
the appellant contends that the evidence corroborating the testimony
of his two accomplices is insufficient to sustain his convictions.
REVERSED AND DISMISSED.
URL:http://www.tba.org/tba_files/TCCA/PRICE_OPN.WP6
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