TBALink Opinion-Flash

December 23, 1996 -- Volume #2 -- Number #121

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:
04-New Opinons From TSC
00-New Opinons From TSC-Rules
00-New Opinons From TSC-Workers Comp Panel
00-New Opinons From TCA
00-New Opinons From TCCA

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George Dean
TBALink Chief Editor


STEVAN L. BLACK 
vs. 
JAMES E. BLOUNT, III

Court:TSC

FOR PETITIONER/APPELLANT        FOR RESPONDENT/APPELLEE:
Stevan L. Black                 Robert L. Green,
Black, Bobango & Morgan         Neely, Green, Fargarson, Brooke 
Memphis, Tennessee              & Summers Memphis, Tennessee
                                                
                                Wilbur Ruleman
                                Memphis, Tennessee  

Judge: DROWOTA

First Paragraph:

In this criminal contempt action, Stevan L. Black, appointed by the
trial court as amicus curiae, appeals from the Court of Appeals'
decision that the evidence is insufficient as a matter of law to
support the trial court's judgment finding the appellee, James E.
Blount, III, guilty of two counts of criminal contempt, and ordering
him to pay as costs $5,000 in attorney's fees to Black.  After
carefully considering the record in this case, we conclude that the
Court of Appeals erred, both in finding the evidence insufficient to
support the contempt convictions and also in concluding that the trial
judge lacked authority to order payment of attorney's fees.
Accordingly, we reverse the judgment of the Court of Appeals,
reinstate the criminal contempt convictions, and remand to the trial
court for calculation of reasonable attorney's fees.

URL:http://www.tba.org/tba_files/TSC/BLOUNTJE_OPN.WP6
Opinion-Flash

STATE OF TENNESSEE 
vs. 
JOHN MICHAEL DENTON

WILLIAM DOUGLAS BROWN 
vs. 
STATE OF TENNESSEE

Court:TSC

For Appellants Denton and Brown:    For Appellee: 
JOHN H.HENDERSON                    CHARLES W. BURSON 
District Public Defender            Attorney General and Reporter 
Franklin, Tennessee                 MICHAEL E. MOORE 
                                    Solicitor General
                                 
                                    GORDON W. SMITH 
                                    Associate Solicitor General 
                                    Nashville, Tennessee

                                    JOSEPH D. BAUGH, JR. 
                                    District Attorney General

                                    ERIC L. DAVIS 
                                    Asst.District Attorney General 
                                    Franklin, Tennessee

Judge: BIRCH

First Paragraph:

We granted review and consolidated these cases in order to consider
the circumstances under which imposition of two convictions resulting
from a "single" criminal act may violate the double jeopardy and due
process clauses of the state and federal constitutions in light of
State v. Anthony, 817 S.W.2d 299 (Tenn. 1991). Affirmed in Part and
Reversed in Part (as to Denton) Affirmed (as to Brown). 

URL:http://www.tba.org/tba_files/TSC/DENTONJM_OPN.WP6
Opinion-Flash

VICKIE SWEETEN
vs. 
TRADE ENVELOPES, INC. AND CONTINENTAL CASUALTY COMPANY
and 
LARRY BRINTON, JR., DIRECTOR, WORKERS COMPENSATION DIVISION,
TENNESSEE DEPARTMENT OF LABOR, SECOND INJURY FUND

Court:TSC

For Plaintiff-Appellee:         For Defendant-Appellant:
Russell D.Hedges                Charles W. Burson 
Moore & Hedges                  Attorney General & Reporter     
Tullahoma                       Nashville

For Defendants-Appellees:       Dianne Stamey Dycus 
Terry L. Hill                   Senior Counsel 
Manier,Herod, Hollabaugh        A. G.'s Office Laurenn S. Disspayne 
& Smith                         Nashville 
Nashville 


For Amicus Curiae: 
Hartford Casualty Insurance Company 
Blakeley D. Matthews 
Leigh A. Buckley 
Cornelius & Collins 
Nashville

Judge: REID

First Paragraph:

The director of the Workers' Compensation Division of the Tennessee
Department of Labor, as trustee for the Second Injury Fund (Second
Injury Fund), appeals from the decision of the trial court.  That
court approved, over the objection of the Second Injury Fund, a
settlement agreement between the employee, Vicki Sweeten; the
employer, Trade Envelopes, Inc.; and the employer's insurer,
Continental Casualty Co., limiting the employer's liability to
benefits for 300 weeks. Subsequently at trial, the trial court found
the employee to be totally and permanently disabled and held the
Second Injury Fund liable for benefits continuing from the expiration
of the 300 weeks until the employee should become 65 years of age.
Because the court erred in approving the settlement over the objection
of the Second Injury Fund, both judgments are set aside, and the case
is remanded for a new trial on all issues.

URL:http://www.tba.org/tba_files/TSC/SWEETEN_OPN.WP6
Opinion-Flash

BLAKE WEBER
vs. 
JACK MOSES, Individually, and JEFFERSON PILOT LIFE INSURANCE COMPANY

Court:TSC

FOR PLAINTIFF/APPELLANT:            FOR DEFENDANTS/APPELLEES:

Gail O. Mathes                      Richard H. Allen, Jr.
The Law Office of Gail O. Mathes    Heather C. Webb
Memphis, Tennessee                  Allen, Scruggs, Sossaman 
                                    & Thompson, P.C.
                                    Memphis, Tennessee 

                    
Judge: DROWOTA

First Paragraph:

In this appeal, we must determine whether the one-year limitations
period for an action under the Tennessee Human Rights Act and for
retaliatory discharge should be calculated from the date plaintiff
received oral notice of the defendants' decision to terminate his
sales manager contract or from the date he was provided written notice
of the decision in accordance with his written employment agreement.
Based on its determination that the statute of limitations commenced
upon the plaintiff's receipt of oral notice, the Court of Appeals
affirmed the trial court's dismissal of the action as time-barred. We
agree with the Court of Appeals and conclude that the limitations
period commenced when the plaintiff received unequivocal oral notice
of the decision to terminate his sales manager contract. Accordingly,
the judgment of the Court of Appeals is affirmed.

URL:http://www.tba.org/tba_files/TSC/WEBERB_OPN.WP6

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