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TBALink Opinion-Flash
December 20, 1996 -- Volume #2 -- Number #120
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
- 01-New Opinons From TSC-Rules
- 01-New Opinons From TSC-Workers Comp Panel
- 10-New Opinons From TCA
- 03-New Opinons From TCCA
- 00-New Opinons From TSC
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George Dean
TBALink Chief Editor
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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© Copyright 1998 Tennessee Bar Association - This Issue IN THIS ORDER: