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

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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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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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