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TBALink Opinion-Flash
December 21, 1996 -- Volume #2 -- Number #124
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UPS vs. BUCK FEVER RACING, INC. Court:TCA For Appellant For Appellee DAVID A. LUFKIN MARK L. ESPOSITO Lufkin & Henley MARK E. FRYE Knoxville, Tennessee Penn, Stuart & Eskridge Bristol, Virginia Judge: Susano First Paragraph: UPS, an Ohio corporation, sued Buck Fever Racing, Inc. (Buck Fever), a Virginia corporation, on an open account. The complaint seeks $40,607.48, pre- and post-judgment interest, and attorney fees. It is supported by a sworn account. The trial court granted Buck Fever's motion to dismiss because the court found that it lacked the necessary in personam jurisdiction to render a monetary judgment against the defendant. UPS appealed, arguing that the facts developed reflect that the defendant had sufficient minimum contacts with Tennessee to justify the exercise of jurisdiction over it. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/BUCKFEVE_OP.WP6
ARTHUR DAVIS and ALFREIDA DAVIS
VS.
BOB PATTERSON, Shelby County Trustee, and ONE MEMPHIS PLACE VENTURE
Court:TCA
LENAL ANDERSON, JR.
Memphis, Tennessee
Attorney for Appellants
GARY K. GROOM
FARRIS, WARFIELD & KANADAY
Nashville, Tennessee
Attorney for Appellee, One Memphis Place Venture
Judge: HIGHERS
First Paragraph:
In this personal injury action, the Plaintiffs, Arthur and Alfreida
Davis, filed suit against the Defendant, Bob Patterson, and the
Defendant, One Memphis Place Venture ("Venture"), for injuries
resulting from exposure to contaminants at the Plaintiff's place of
employment. The Plaintiffs took a voluntary nonsuit as to the
Defendant, Bob Patterson. Venture filed a motion for summary judgment
asserting that the Plaintiffs' claims were barred by the one year
statute of limitations. The trial court granted Venture's motion for
summary judgment. The Plaintiffs' have appealed the trial court's
order granting Venture's motion for summary judgment. For the reasons
stated hereafter, we affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCA/DAVISART_OPN.WP6
JAMES L. HOWARD
VS.
J. HOWARD SHANKLE and BOBBIE J. SHANKLE
Court:TCA
ROBERT A. ANDERSON
Nashville, Tennessee
Attorney for Plaintiff/Appellant
JAMES N. BRYAN
Nashville, Tennessee
Attorney for Defendants/Appellees
JOHN M. GILLUM
JOHN W. HEACOCK
MANIER, HEROD, HOLLABAUGH & SMITH
Nashville, Tennessee
Attorneys for Defendants/Appellees
Judge: HIGHERS
First Paragraph:
In this case, Plaintiff, James L. Howard, filed suit against the
Defendants, J. Harold Shankle and Bobbie J. Shankle, seeking damages
based upon breach of a land sales contract. Defendants filed a
counter-complaint seeking damages based upon breach of the land sales
contract and a declaratory judgment. The Chancellor conducted a
non-jury trial and dismissed all causes of action that Plaintiff
asserted against the Defendants with prejudice, dismissed all causes
of action that the Defendants asserted against the Plaintiff with
prejudice and granted the Defendants' request for a declaratory
judgment. Plaintiff has appealed the trial court's judgment, arguing
that the Chancellor's construction of the land sales agreement was in
error. For the reasons stated hereafter, we affirm.
URL:http://www.tba.org/tba_files/TCA/HOWARDJ_OPN.WP6
BOBBY G. JOYCE
VS.
ALICE IRENE JOYCE
Court:TCA
Charles Samuel Kelly, Jr.,
KELLY, MILLAR, STRAWN & KELLY, Dyersburg, Tennessee
Attorney for Plaintiff/Appellant.
L. L. Harrell, Jr. ,
HARRELL & HARRELL, Trenton, Tennessee
Attorney for Defendant/Appellee
Judge: FARMER
First Paragraph:
Bobby G. Joyce (Husband) sought a divorce from Alice Irene Joyce
(Wife) pursuant to T.C.A. S 36-4-101(12). The parties were married
September 2, 1967. The complaint alleges that they separated on
October 2, 1992. Wife answered that it was on this date that she was
committed to Western State Hospital where she remained for several
weeks. REMANDED.
URL:http://www.tba.org/tba_files/TCA/JOYCEBG_OPN.WP6
NELL MAY PUTNAM, Individually and NELL MAY PUTNAM,
Administratrix of the Estate of CHARLES O. PUTNAM
vs.
RUSSELL PUTNAM AND WINSTON PUTNAM
Court:TCA
Nancy Miller-Herron; Herron & Miller-Herron of Dresden
For Appellee
Jeffrey W. Parham and H. Max Speight of Martin
For Appellant, Russell Putnam
Judge: CRAWFORD
First Paragraph:
This is a T.R.A.P. 9 appeal from an interlocutory order of the
chancery court denying the motion of defendant, Russell Putnam, to
dismiss plaintiff's suit for lack of personal jurisdiction and lack of
subject matter jurisdiction. AFFIRMED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/PUTNAMNM_OPN.WP6
THOMAS L. and LINDA RADLEY
VS.
BOBBY E. and ALICE E. BROOKS
Court:TCA
RUSSELL J. JOHNSON
Memphis, Tennessee
Attorney for Appellant
J. LOGAN SHARP
BATEMAN AND CHILDERS
Memphis, Tennessee
Attorney for Appellee
Judge: First Paragraph: In this action, the Plaintiffs, Thomas and Linda Radley, filed suit against the Defendants, Bobby and Alice Brooks, based upon breach of a land sales agreement. The Plaintiffs base their suit upon the following alternative theories: breach of contract, breach of warranty, negligence, misrepresentation, fraud and violation of the Tennessee Consumer Protection Act. The trial court rendered a judgment in favor of the Plaintiffs for $2,000.00 and found that the Defendants were not liable to the Plaintiffs for intentional fraud, negligence or for violation of the Tennessee Consumer Protection Act. For the reasons stated hereafter, we affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCA/RADLEY_OPN.WP6
ROBERT ROE and JEAN ROE, Individually and as next Friends
for JOHN ROE, a minor
vs.
CATHOLIC DIOCESE OF MEMPHIS, INC., and ST. PAUL'S CATHOLIC SCHOOL
Court:TCA
David J. Sneed, Robert B.C. Hale;
Waring Cox of Memphis
For Plaintiffs-Appellants
C. Thomas Cates, Melissa A. Maravich;
Burch, Porter & Johnson of Memphis
For Defendants-Appellees
Judge: CRAWFORD
First Paragraph:
This is a negligence case involving the supervision of a minor child
by a preschool day care program. The plaintiffs, Robert, Jean, and
John Roe, appeal from the order of the trial court granting summary
judgment in favor of the defendants, Catholic Diocese of Memphis in
Tennessee and St. Paul's Catholic School (hereinafter St. Paul's).
The trial court found that the acts alleged in the complaint were
unforeseeable as a matter of law. AFFIRMED.
URL:http://www.tba.org/tba_files/TCA/ROERR_OPN.WP6
MILTON SCHACTER
vs.
FRIENDLY CHEVROLET CADILLAC TOYOTA, INC., et al
Court:TCA
Ira M. Thomas of Memphis
For Appellant
Fred M. Ridolphi, Jr., of Memphis
For Appellee
Judge: CRAWFORD
First Paragraph:
This is a breach of contract case. The plaintiff, Milton Schachter,
appeals from the order of the Shelby County Chancery Court dismissing
his complaint against the defendants, Hugh Chalmers, Sr., Hugh
Chalmers, Jr., and Hugh Chalmers Chevrolet-Cadillac-Toyota, Inc.
REVERSED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/SCHACHTE_OPN.WP6
RAMONA C. SCHRADER
vs.
A. L. SCHRADER
Court:TCA
L. L. HARRELL, JR. JULIA J. TATE
Harrell & Harrell Gracey, Ruth, Howard, Tate
NW Court Square & Sowell
Trenton, TN 38382 150 Second Avenue North, Suite 201
Nashville, TN 37201
Judge: INMAN
First Paragraph:
These parties were divorced in 1981 following a 25-year marriage and
the birth of three children. The appellant was ordered to pay alimony
of $950.00 monthly, well within his means as a practicing physician.
AFFIRMED.
URL:http://www.tba.org/tba_files/TCA/SCHRADR_OPN.WP6
WILLIAM SMITH
vs.
MEMPHIS HOUSING AUTHORITY
Court:TCA
Edwin C. Lenow
Memphis, Tennessee
Attorney for Appellant
David M. Cook
Karen L. Schlesinger
Memphis, Tennessee
Attorneys for Defendant/Appellee
Judge: HIGHERS
First Paragraph:
In this action, the Plaintiff, William Smith, filed suit against the
Defendant, Memphis Housing Authority, for wrongfully terminating the
Plaintiff's employment. The circuit court granted summary judgment in
favor of the Defendant and dismissed the Plaintiff's complaint. The
Plaintiff has appealed the circuit court's order granting the
Defendant's motion for summary judgment. For the reasons stated
hereafter, we affirm the judgment of the court.
URL:http://www.tba.org/tba_files/TCA/SMITHWIL_OPN.WP6
BRIAN WOLNEY and WIFE, MELISSA WOLNEY
vs.
LISA M. EMMONS and WELLS FARGO ARMORED SERVICE CORPORATION
Court:TCA
For the Plaintiffs/Appellants: For the Defendants/Appellees:
Stanley J. Kline Marc O. Dedman
Memphis, Tennessee Memphis, Tennessee
Judge: LILLARD
First Paragraph:
This is a suit for damages brought by Plaintiff Brian Wolney
("Wolney"), with his wife Melissa Wolney, against Defendants Wells
Fargo Armored Service Corporation ("WFA") and Lisa M. Emmons
("Emmons"). Wolney sued for personal injuries he sustained in an
accident while riding as a passenger in a vehicle driven by Emmons,
but owned by WFA. The trial court granted partial summary judgment in
favor of WFA, finding that Wolney's tort claim against WFA was barred
because Wolney was WFA's statutory employee. The Wolneys appeal the
grant of partial summary judgment. We affirm.
URL:http://www.tba.org/tba_files/TCA/WOLNEYB_OP.WP6
HOWARD A. WOODS
vs.
CITY OF MEMPHIS, ET AL
Court:TCA
Howard A. Woods, pro se
Memphis, Tennessee
No attorney for appellee
Judge: HIGHERS
First Paragraph:
In this case, the Plaintiff, Howard A. Woods, filed suit against the
Defendant, City of Memphis, seeking damages for the wrongful
condemnation and demolition of his residence. On July 13, 1992, the
Plaintiff filed suit in General sessions court. A judgment was
entered in favor of the Defendant, and the Plaintiff appealed to
circuit court. In the circuit court a judgment was granted in favor
of the Defendant after a de novo hearing, and the Plaintiff has
appealed to this court from that. We believe this is an appropriate
case for affirmance pursuant to Court of Appeals Rule 10(a).
URL:http://www.tba.org/tba_files/TCA/WOODSMEM_OPN.WP6
WILLIAM D. ARENDALL
vs.
STATE OF TENNESSEE
Court:TCCA
For Appellant:
Marian C. Fordyce
Attorney for Appellant
129 Second Avenue North
Nashville, TN 37201
For Appellee:
Charles W. Burson
Attorney General & Reporter
Charlotte H. Rappuhn
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
Steve Dozier
Assistant District Attorney General
Washington Square, Suite 500
222 Second Avenue North
Nashville, TN 37201-1649
Judge: WADE
First Paragraph:
The petitioner, William D. Arendall, appeals from the trial court's
denial of his petition for a writ of habeas corpus. The petitioner
presents two issues for our review: (1) whether the trial court
erred by dismissing the petition without a hearing on grounds of
previous determination by the chancery court; and if so (2) whether
the Tennessee Department of Correction may rescind custodial parole
after the expiration of the sentence. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/ARENDALL_OPN.WP6
JAMES KELLY CAULEY
vs.
STATE OF TENNESSEE
Court:TCCA
For the Appellant: For the Appellee:
Gregory D. Smith Charles W. Burson
One Public Square Attorney General and Reporter
Suite 321 450 James Robertson Parkway
Clarksville, TN 37040 Nashville, TN 37243-0493
Robin L. Harris
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243
John Wesley Carney, Jr.
District Attorney General
B. Dent Morriss
Assistant District Attorney
500 Main St.
Springfield, TN 37172
Judge: Barker
First Paragraph:
This is an appeal as of right from the Robertson County Circuit
Court's denial of appellant's petition for post-conviction relief
pursuant to Tennessee Code Annotated section 40-30-101 et seq. (1990).
Finding no merit in appellant's issues, we affirm the trial court's
dismissal of the petition.
URL:http://www.tba.org/tba_files/TCCA/CAULEY_OPN.WP6
STATE OF TENNESSEE
vs.
MONOLETO DELSHONE GREEN
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
GERALD MELTON CHARLES W. BURSON
Public Defender Attorney General and Reporter
JEANNIE KAESS MICHAEL E. MOORE
Assistant Public Defender Solicitor General
201 W. Main St. Ste 101
Murfreesboro, TN 37129 GORDON W. SMITH
Associate Solicitor General
500 Charlotte Avenue
Nashville, TN 37243-0497
WILLIAM WHITESELL
District Attorney General
3rd Floor Judicial Building
Murfreesboro, TN 37130
Judge: WELLES
First Paragraph:
The Defendant, Monoleto Delshone Green, appeals as of right pursuant
to Rule 3 of the Tennessee Rules of Appellate Procedure. He was
convicted on a Rutherford County jury verdict of Aggravated Robbery.
He appeals his conviction presenting eight issues for review: (1) That
the trial court erred by failing to suppress the Defendant's
confession; (2) that the trial court erred by failing to suppress an
identification made of the Defendant at the pretrial hearing; (3) that
it was prejudicial error to admit evidence that the Defendant
possessed a handgun; (4) that the judicial process was prejudiced when
a witness was detained in order to secure his presence at the
Defendant's trial; (5) that it was error to admit a photographic
lineup at trial which was not provided by the State pursuant to a
discovery request; (6) that the trial court erred in admitting hearsay
testimony; (7) that the trial court erred by admitting evidence of
flight and instructing the jury on flight; (8) that the Assistant
District Attorney made prejudicial and improper remarks at trial. We
have examined the Defendant's issues on appeal and conclude that there
is no reversible error. Therefore, we affirm the judgment of the
trial court.
URL:http://www.tba.org/tba_files/TCCA/GREENM_OPN.WP6
STATE OF TENNESSEE
vs.
LEROY HALL, JR.
Court:TCCA
For the appellant: For the appellee:
Karla G. Gothard Charles W. Burson
701 Cherry Street Attorney General of Tennessee
Suite 300 and
Chattanooga, TN 37402 Joel W. Perry
(At trial only) Assistant Attorney General of Tennessee
450 James Robertson Parkway
William R. Heck Nashville, TN 37243-0493
212 James Building
Chattanooga, TN 37402 William H. Cox
(At trial and on appeal) District Attorney General
and
Brock Mehler Thomas J. Evans
Capital Case Resource Center Assistant District Attorney General
704 18th Avenue South 600 Market Street, Suite 310
Nashville, TN 37920 Chattanooga, TN 37402
(On appeal only)
Judge: Tipton
First Paragraph:
The defendant, Leroy Hall, Jr., was convicted of first degree murder
and aggravated arson. The jury imposed the death penalty, finding the
existence of two aggravating circumstances: T.C.A. S 39-13-204(i)(5)
and T.C.A. S 39-13-204(i)(7) (1991). The trial court imposed a
twenty-five-year sentence for aggravated arson, a class A felony, to
be served consecutively. In this appeal as of right directed solely
at the murder conviction and sentence, the defendant raises
issues relative to the guilt phase of the trial. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/HALLLER_OP.WP6
STATE OF TENNESSEE
vs.
ERIC LEMART HARRIS
Court:TCCA
For the Appellee: For the Appellant:
David F. Bautista Charles W. Burson
District Public Defender Attorney General and Reporter
Jeffery C. Kelly Hunt S. Brown
Asst. Public Defender Assistant Attorney General
142 East Market Street Criminal Justice Division
Johnson City, TN 37601 450 James Robertson Parkway
Nashville, TN 37243-0493
David E. Crockett
District Attorney General
Joe Crumley
Asst. District Attorney General
Post Office Box 38
Jonesborough, TN 37659
Judge: Hayes
First Paragraph:
The appellee, Eric LeMart Harris, was indicted by the Washington
County Grand Jury in a three count indictment, charging him with two
misdemeanor sales of marijuana and one class E felony sale of
marijuana. Pursuant to the negotiated plea agreement, the appellee
received a sentence of one year for the felony conviction and a
sentence of eleven months, twenty-nine days for each misdemeanor
conviction. All three sentences were to run concurrently. The manner
of service of the sentence, including the availability of judicial
diversion, was submitted to the trial court for determination.
Following a sentencing hearing, the trial court granted judicial
diversion. Tenn. Code Ann. S 40-35-313(a)(1) (1995 Supp.) The State
appeals this sentencing decision, contending that the trial court
abused its discretion in granting diversion. Specifically, the State
argues that the appellee is ineligible because the plain language of
the statute, Tenn. Code Ann. S 40-35-313(a), commonly referred to as
judicial diversion, limits diversion to only one offense. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/HARRISE_OPN.WP6
STATE OF TENNESSEE
vs.
JOSH HUTCHINSON
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
DALE M. QUILLEN CHARLES W. BURSON
95 White Bridge Road, Suite 208 Attorney General and Reporter
Nashville, TN 37205
ROBIN L. HARRIS
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243
JOE D. BAUGH, JR.
District Attorney General
RONALD L. DAVIS
Assistant District Attorney
P. O. Box 937
Franklin, TN 37065-0937
Judge: SMITH
First Paragraph:
This is an appeal pursuant to Rule 3 of the Tennessee Rules of
Appellate Procedure. Appellant complains that the trial judge abused
his discretion in denying Appellant probation. We affirm the decision
of the trial court.
URL:http://www.tba.org/tba_files/TCCA/HUTCHISO_ORD.WP6
STATE OF TENNESSEE
vs.
JAMES RYION
Court:TCCA
For the Appellant: For the Appellee:
Thomas K. Bowers Charles W. Burson
Post Office Box 140256 Attorney General and Reporter
2821 Lebanon Road, Suite 204
Nashville, TN 37214 Sarah M. Branch
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
John Wesley Carney, Jr.
District Attorney General
Dent Morriss
Asst. District Attorney General
507 Public Square
Springfield, TN 37172
Judge: Hayes
First Paragraph:
The appellant, James Ryion, was convicted by a jury in the Circuit
Court of Robertson County of the aggravated sexual battery and
aggravated rape of his stepson, AM. The trial court sentenced the
appellant to 10 years imprisonment in the Tennessee Department of
Correction for the aggravated sexual battery conviction and 20 years
imprisonment for the aggravated rape conviction. The court ordered
that the sentences be served consecutively. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/RYION_OPN.WP6
STATE OF TENNESSEE
vs.
ROBERT EUGENE SKYLES
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Donna R. Miller Charles W. Burson
Assistant Public Defender Attorney General & Reporter
701 Cherry Street, Suite 300 500 Charlotte Avenue
Chattanooga, TN 37402 Nashville, TN 37243-0497
OF COUNSEL: Darian B. Taylor
Assistant Attorney General
Ardena J. Garth 450 James Robertson Parkway
District Public Defender Nashville, TN 37243-0493
701 Cherry Street, Suite 300
Chattanooga, TN 37402 Gary D. Gerbitz
District Attorney General
600 Market Street
Chattanooga, TN 37402
H. C. Bright
Assistant District Attorney General
600 Market Street
Chattanooga, TN 37402
Rodney Strong
Assistant District Attorney General
600 Market Street
Chattanooga, TN 37402
Judge: Jones
First Paragraph:
The appellant, Robert Eugene Skyles, was convicted of vehicular
homicide, a Class C felony, leaving the scene of an accident, a Class
A misdemeanor, and driving while license suspended, a Class B
misdemeanor, after pleading guilty to these offenses. The trial court
found the appellant to be a standard offender and imposed a Range I
sentence consisting of confinement for three (3) years for vehicular
homicide. The trial court sentenced the appellant to confinement for
eleven months and twenty-nine days for leaving the scene of an
accident, and confinement for six months for driving while license
suspended. The trial court ordered all three sentences to be served
in the Hamilton County Workhouse. The appellant is required to serve
eleven months and twenty-nine days in the vehicular homicide case with
the balance of the sentence suspended. The appellant will be required
to serve a period of two years on probation. In this Court, the
appellant contends the trial court abused its discretion by failing to
suspend the entire sentence or grant the appellant a community
corrections sentence for the entire sentence. After a thorough review
of the record, the briefs submitted by the parties, and the law which
governs the issue, it is the opinion of this Court the judgment of the
trial court should be affirmed.
URL:http://www.tba.org/tba_files/TCCA/SKYLES_OPN.WP6
STATE OF TENNESSEE
vs.
DANNY B. THOMAS
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
WILLIAM D. MASSEY CHARLES W. BURSON
3074 East St. Attorney General & Reporter
Memphis, TN 38128
(On Appeal) SARAH M. BRANCH
Counsel for the State
JOSEPH S. OZMENT 450 James Robertson Pkwy.
100 N. Main Bldg., Ste. 3010 Nashville, TN 37243-0493
Memphis, TN 38103
(At Trial) JOHN W. PIEROTTI
District Attorney General
JANET L. SHIPMAN
Asst. District Attorney General
201 Poplar Ave., Third Fl.
Memphis, TN 38103
Judge: PEAY
First Paragraph:
The defendant was indicted for multiple counts of selling cocaine,
possessing cocaine with the intent to deliver, and possessing cocaine
with the intent to sell. He pled guilty to four counts of selling
over .5 grams of cocaine and accepted an agreed sentence of eight
years on each count, to run concurrently, with a $2,000 fine on each
count. He was designated a Range I standard offender. The only issue
left to the sentencing court was whether to grant probation or some
other form of alternative sentence. The court below denied any form
of alternative sentence. In this appeal as of right, the defendant
challenges that denial. After a review of the record, we affirm the
judgment.
URL:http://www.tba.org/tba_files/TCCA/THOMASD_OPN.WP6
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