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
- 01-New Opinons From TSC-Rules
- 01-New Opinons From TSC-Workers Comp Panel
- 10-New Opinons From TCA
- 03-New Opinons From TCCA
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JOHN D. BAGGETT vs. FIREMEN'S FUND INSURANCE COMPANY Court:TSC - Workers Comp Panel For the Appellant: For the Appellee: Joseph M. Dalton, Jr. Patrick A. Ruth 222 Second Ave. N. 150 Second Ave. N. Washington Square Bldg. Suite 201 Suite 350 M Nashville, TN 37201-1652 Nashville, TN 37203-1652 Judge: INMAN First Paragraph: The complaint alleges "[t]hat on or about the 22nd day of June, 1993, the Plaintiff, while operating a printing press, had his left thumb amputated when it became caught in the press." In point of fact, he suffered an "avulsive injury of the distal aspect of his thumb, just distal to the IP joint with nerve and vascular damage within the thumb proximal to the point of severance." The thumb fragment could not be re-attached and the amputation was surgically completed at the level of the interphalangeal joint, resulting in the loss of one-half of the thumb. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TSC_WCP/BAGGETT_OPN.WP6 Amendment to Rule 9 Relative to Attorneys Not In Compliance with An Order of Support Court:TSC - Rules First Paragraph: The Nashville Bar Association and the Tennessee Bar Association have filed a joint petition in this Court proposing to amend Rule 9 of the Rules of the Tennessee Supreme Court to add provisions for suspension of an attorney's license if the attorney is not in compliance with a court order of child support. URL:http://www.tba.org/tba_files/TSC_Rules/RULE9ATT_ORD.WP6 CLYDE NORMAN BREWER, JR. vs. CAROL CORDELL COLETTA and COLETTA & COMPANY, INC. Court:TCA Mimi Phillips; Phillips, Howard & Grubb of Memphis For Plaintiff-Appellee Carl I. Jacobson; Wyatt, Tarrant & Combs of Memphis For Defendants-Appellants Judge: CRAWFORD First Paragraph: This appeal involves an action for breach of an employment agreement. Defendants, Carol Cordell Coletta and Coletta & Company, Inc., appeal from the judgment of the chancery court which entered judgment in the amount of $31,800.00 in favor of the plaintiff, Clyde Norman Brewer, Jr. AFFIRMED. URL:http://www.tba.org/tba_files/TCA/BREWERCN_OPN.WP6 CITY OF ADAMSVILLE vs. BRIAN K. CASS Court:TCA For the Appellant: For the Appellee: Brian K. Cass, Pro Se Charles W. Burson Savannah, Tennessee Christina S. Shevalier Nashville, Tennessee First Paragraph: Appellant Brian K. Cass ("Cass") appeals his conviction for violation of several city ordinances. We affirm. URL:http://www.tba.org/tba_files/TCA/CASSBK_OP.WP6 D.B. EDWARDS, Individually and d/b/a BELLE APPLICATIONS CORP. vs. RUTHERFORD COUNTY CREAMERY, F & H ASSOCIATES, AMERICAN SOCO, INC., and FLEMMING SODERLUND, Individually and d/b/a F & H ASSOCIATES Court:TCA DONALD M. BULLOCH, JR. 301 North Spring Street P. O. Box 398 Murfreesboro, Tennessee 37133-0398 ATTORNEY FOR PLAINTIFF/APPELLEE PAUL E. JENNINGS Jennings & Ramer 303 Church Street, Suite 101 Nashville, Tennessee 37201 ATTORNEY FOR DEFENDANTS/APPELLANTS Judge: LEWIS First Paragraph: Defendants, Rutherford County Creamery, F & H Associates, American Soco, Inc., and Fleming Soderlund, individually and d/b/a F & H Associates, have appealed from the judgment of the chancery court in favor of plaintiff, D. B. Edwards, individually and d/b/a Belle Applications Corp. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/EDWARDSD_OPN.WP6 JABARI ISSA MANDELA vs. DONAL CAMPBELL, Commissioner of the Tennessee Department of Correction Court:TCA JABARI ISSA MANDELA, Pro Se CCA-SCCF P. O. Box 279 Clifton, Tennessee 38425-0279 CHARLES W. BURSON Attorney General and Reporter MARK A. HUDSON Assistant Attorney General Civil Rights and Claims Division 404 James Robertson Parkway Suite 2000 Nashville, Tennessee 37243-0488 ATTORNEYS FOR RESPONDENT/APPELLEE Judge: LEWIS First Paragraph: This is an appeal of right from a judgment entered in January 1996 in the Chancery Court of Davidson County. The chancery court dismissed the petition of petitioner/appellant, Jabari Issa Mandela, seeking a declaratory judgment. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/MANDELA_OPN.WP6 JERRELL McVAY and CYNTHIA MARIE McVAY STATE OF TENNESSEE vs. SHARON BLEN, Custodial parent of LAUREN NICOLE McVAY, a minor Court:TCA For the Petitioners/Appellees: For the Defendant/Appellant: Robert Y. Jarvis Stevan L. Black Bartlett, Tennessee Kimberly Harris Jordan Memphis, Tennessee For the Intervenor: Charles W. Burson James H. Tucker, Jr. Nashville, Tennessee Judge: LILLARD First Paragraph: This case arises under the Grandparents' Visitation Act. The Petitioners/Appellees, Jerrell McVay and Cynthia Marie McVay ("Grandparents"), filed a petition with the juvenile court for court-ordered visitation with their paternal grandchild, Lauren Nicole McVay. The Juvenile Court awarded visitation to the Grandparents, pursuant to the Grandparents' Visitation Act. The child's mother, Respondent/Appellant Sharon Blen ("Mother"), appeals the trial court's decision. We reverse. URL:http://www.tba.org/tba_files/TCA/MCVAY_OPN.WP6 JAMES R. ROSE and wife, STELLA KAY ROSE vs. DENNIS R. RICE, JANICE RICE and JOHN DOE Court:TCA For the Plaintiffs/Appellants: For the Defendants/Appellees Paul Todd Nicks Dennis R. Rice and Janice Rice: Jackson, Tennessee Carthel L. Smith, Jr. Lexington, Tennessee For the Defendant/Appellee John Doe: S. Craig Kennedy Selmer, Tennessee Judge: LILLARD First Paragraph: This is a negligence case involving the head-on collision of two vehicles. Appellants James and Stella Rose were struck by the car of Appellees Dennis and Janice Rice when Dennis Rice applied his brakes to avoid hitting a vehicle which turned across his lane. The trial court granted summary judgment in favor of the Rices. We reverse. URL:http://www.tba.org/tba_files/TCA/ROSERICE_OP.WP6 MARY SANDERS vs. STEVE SANDERS and JANET SANDERS Court:TCA Judge: LEWIS First Paragraph: Appellants have filed a "Motion to Alter or Amend" which this court will treat as a petition to rehear. While we are of the opinion that the petition for rehearing states no grounds justifying the change in the outcome of our July 1996 opinion, we note that the defendants have correctly pointed out some factual mistakes which we correct in this order. URL:http://www.tba.org/tba_files/TCA/SANDERSM_ORD.WP6 BRENDA F. SANDUSKY vs. DANNY J. SANDUSKY Court:TCA W. C. KEATON LAURA E. METCALF KEATON, TURNER & SPITZER P. O. Box 789 102 North Court Street Hohenwald, Tennessee 38462 Attorneys for Plaintiff/Appellee JAMES Y. ROSS P. O. Box 246 106 Public Square North Waynesboro, Tennessee 38485 Judge: CANTRELL First Paragraph: This post-divorce proceeding involves questions of the child support arrearages due under a marital dissolution agreement, the father's income for purposes of setting the amount of child support, whether the husband is due reimbursement for an income tax payment, and whether the wife is entitled to attorneys fees. We affirm the decision of the trial judge. URL:http://www.tba.org/tba_files/TCA/SANDUSKB_OPN.WP6 JOHN H. SWIFT, SR. vs. TIMOTHY P. SCHOETTLE, M.D., and DRS. HOWELL, ALLEN, ALLEN, SCHOETTLE & LANFORD, P.C. Court:TCA JOHN H. SWIFT, SR. 5404 Oakmont Circle Nashville, Tennessee 37209 Pro Se/Plaintiff/Appellant C. J. GIDEON JOHN T. REESE GIDEON & WISEMAN Suite 1900, NationsBank Plaza 414 Union Street Nashville, Tennessee 37219-1782 Attorneys for Defendants/Appellees Judge: CANTRELL First Paragraph: The sole question in this appeal is whether the plaintiff's malpractice action was barred by the one year statute of limitations and/or the three year statute of repose, Tenn. Code Ann. S29-26-116. The trial judge dismissed the claim. We affirm. URL:http://www.tba.org/tba_files/TCA/SWIFTJ_OPN.WP6 LORETTA TRULL vs. MARGARET CULPEPPER, Commissioner of Tennessee Department of Employment Security and KERR PLASTIC PRODUCTS; MANPOWER TEMPORARY SERVICES Court:TCA Beth S. Bates of Jackson For Appellant Charles W. Burson, Attorney General and Reporter Robeter W. Stack of Nashville Jennifer H. Small, Deputy Attorney General For Appellee, Culpepper Judge: CRAWFORD First Paragraph: This is an unemployment compensation case. Petitioner, Loretta Trull, appeals from the order of the chancery court dismissing her petition for certiorari and affirming the decision of the Board of Review that disallowed her claim for unemployment compensation benefits. AFFIRMED. URL:http://www.tba.org/tba_files/TCA/TRULL_OPN.WP6 STATE OF TENNESSEE vs. DARREN CAMPBELL Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Brett B. Stein Charles W. Burson Attorney at Law Attorney General & Reporter 100 N. Main, Suite 3102 Memphis, TN 38103 Ellen H. Pollack Assistant Attorney General Mary Anne Queen Legal Assistant Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 John W. Pierotti District Attorney General John Campbell Asst. Dist. Attorney General 201 Poplar, Third Floor Memphis, TN 38103 Judge: SUMMERS First Paragraph: The appellant, Darren Campbell, was convicted by a jury of first degree murder. This Court reduced his conviction to second degree murder and remanded to the trial court for sentencing. The appellant was sentenced as a Range I offender to 23 years incarceration. His sole issue on appeal is whether his sentence was excessive. We affirm the trial court's judgment. URL:http://www.tba.org/tba_files/TCCA/CAMPBELD_OPN.WP6 STATE OF TENNESSEE vs. DAVID J. MOORE Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Charles W. Burson Ballin, Ballin, & Fishman, P.C. Attorney General & Reporter Leslie I. Ballin Mark A. Mesler William David Bridgers 200 Jefferson Avenue, Suite 1250 Assistant Attorney General Memphis, TN 38103 Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 John W. Pierotti District Attorney General Glen C. Baity Asst. Dist. Attorney General 201 Poplar Avenue, Third Floor Memphis, TN 38103 Judge: SUMMERS First Paragraph: The appellee, David J. Moore, was indicted on one count of possession of a controlled substance with intent to sell and one count of possession of a controlled substance with intent to deliver. He filed a motion to dismiss both counts arguing that he had formerly been placed in jeopardy for the offenses by forfeiting $1,000 that had been seized from his home at the time of his arrest. At a hearing, the trial court found that proceeding with criminal charges after the appellee had forfeited currency violated the appellee's constitutional right against double jeopardy. The charges were dismissed and the state has now appealed. The sole issue raised on this appeal is whether civil forfeiture of currency alleged to be drug proceeds constitutes former jeopardy so as to bar subsequent prosecution of the appellee. We reverse. URL:http://www.tba.org/tba_files/TCCA/MOOREDJ_OPN.WP6 STATE OF TENNESSEE vs. JACK WHITFIELD SCOTT Court:TCCA FOR THE APPELLANT FOR THE APPELLEE Guy T. Wilkins Charles W. Burson District Public Defender Attorney General and Reporter 117 N. Forest Avenue 450 James Robertson Parkway Camden, Tennessee 38320 Nashville, Tennessee 37243-0493 Billy R. Roe, Jr. Robin L. Harris Assistant District Public Defender Assistant Attorney General 117 N. Forest Avenue 450 James Robertson Parkway Camden, Tennessee 38320 Nashville, Tennessee 37243-0493 G. Robert Radford District Attorney General 111 Church Street Huntingdon, Tennessee 38244 Eleanor Cahill Asst District Attorney General 111 Church Street Huntingdon, Tennessee 38244 Judge: BARKER First Paragraph: The Appellant, Jack W. Scott, appeals as of right his sentences for one count of sale of more than 0.5 grams of cocaine and one count of sale of less than 0.5 grams of cocaine. On two separate occasions, November 12, 1993, and January 8, 1994, the Appellant sold cocaine to undercover police officers. On March 28, 1995, the Appellant plead guilty to both charges. The trial judge sentenced the Appellant to eight years imprisonment for sale of more than 0.5 grams of cocaine and three years imprisonment for sale of less than 0.5 grams of cocaine, both sentences to be served concurrently. The trial judge then ordered split confinement where the Appellant would serve the first year in prison and the remaining seven years on supervised probation. AFFIRMED - RULE 20 ORDER. URL:http://www.tba.org/tba_files/TCCA/SCOTTJW_OPN.WP6
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