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 and the TN Attorney General.
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BENNIE WOODSON, as Administrator of the Estate of Elizabeth W. Terrell, Deceased, and as Administrator of the Estate of John Thomas Woodson, Deceased, v. PORTER BROWN LIMESTONE COMPANY, INC. and FELIX EWING MORRIS, Court:TSC For Plaintiff/Appellant: For Defendants/Appellees: Ann Buntin Steiner Robert E. Hoehn Frank Steiner John B. Carlson STEINER & STEINER WATKINS, McGUGIN, Nashville, TN McNEILLY & ROWAN Nashville, TN First Paragraph: In this appeal from the Cheatham County Circuit Court, we are confronted by a unique aberration of the rules of law announced by the United States Supreme Court in Batson v. Kentucky, Powers v. Ohio, and Edmondson v. Leesville Concrete Company, Inc.. In that series of cases, the United States Supreme Court recognized first, that the criminal defendant's rights are violated when race-based challenges exclude a juror from service, Batson v. Kentucky, 475 U.S. 79 (1985); second, that the exclusion likewise violates a juror's rights, Powers v. Ohio, 499 U.S. 400 (1991); and third, that the juror's and litigant's rights are viable in civil, as well as criminal, cases. Edmondson v. Leesville Concrete Company, Inc., 500 U.S. 614 (1991). In the case before the Court we must consider the impact of these rules in a civil case in which the excluded minority juror declines to serve. URL:http://www.tba.org/tba_files/TSC/WOODSON.OPN.WP6 ALBERT LEE CRAIN, v. VELMA CHRISTINE CRAIN, Court:TCA For the Plaintiff/Appellee: For the Defendant/Appellant: Barbara J. Walker Thomas L. Whiteside Columbia, Tennessee Fowlkes & Whiteside Nashville, Tennessee First Paragraph: This appeal involves the dissolution of a 27-month marriage. After declaring the parties divorced pursuant to Tenn. Code Ann. 36-4-129(b) (1991), the Chancery Court for Maury County awarded the parties the property held in their separate names and declined to award the wife rehabilitative spousal support. The wife now takes issue with the trial courts denial of her request for rehabilitative spousal support. We have determined that the wife is not entitled to spousal support under the facts of this case and, therefore, affirm the judgment. URL:http://www.tba.org/tba_files/TCA/CRAINAL.OPN.WP6 LEMUEL A. DUCKETT, v. SHEILA ANN DUCKETT, Court:TCA GLENNA M. RAMER, Chattanooga, for Appellant HARRY BERKE of BERKE, BERKE & BERKE, Chattanooga, for Appellee First Paragraph: This appeal arises out of post-divorce proceedings. The issues raised by the appellant, Lemuel A. Duckett (Father), cause us to focus on a hearing before the trial court on October 24, 1994. At that hearing, the court received proof with respect to two pleadings--a petition for contempt filed by Sheila Ann Duckett (Mother), and a petition to modify filed by Father. In her petition, Mother claimed that Father was in contempt because of his failure to make payments on a child support arrearage of $7,650 established by an order entered April 20, 1994. Father, on the other hand, sought the custody of the parties' only child, Lee Belton Duckett, who was 17-1/2 years old at the time of the hearing. URL:http://www.tba.org/tba_files/TCA/DUCKETT.OPN.WP6 EMMA JEAN ELDREDGE, v. BILLY W. MONAGHAN and wife, KATHY MONAGHAN, Court:TCA Barrett T. Painter, Cleveland, For the Appellant James F. Logan, Jr., Cleveland, For the Appellee First Paragraph: This action for damages and for rescission of a deed executed and delivered on March 7, 1990 was dismissed for failure by the plaintiff to carry the burden of proof. She appeals, insisting that the evidence preponderates against the judgment of dismissal. Our standard of review is de novo on the record accompanied by the presumption that the judgment is correct unless the evidence otherwise preponderates. Tenn. R. App. P. 13(d). We affirm for the reasons following. URL:http://www.tba.org/tba_files/TCA/ELDREDGE.OPN.WP6 REGINA DARLENE HUNTER v. ED BROWN, JR. and CONCURRING OPINION Court:TCA JERROLD L. BECKER and LUCINDA M. ALBISTON OF KNOXVILLE FOR APPELLANT PATRICK C. COOLEY OF KINGSTON FOR APPELLEE First Paragraph: Darlene Hunter filed this action against Ed Brown, Jr., on July 15, 1993, alleging that he sexually abused her during 1981 and 1982. In his answer, Mr. Brown denied the allegations of the complaint and averred that the action was barred by T.C.A. 28-3 104(a), the one-year statute of limitations applicable to personal injury actions. On January 31, 1995, the Trial Court granted summary judgment to Mr. Brown, ruling that the statute of limitations barred Ms. Hunter's claim. Ms. Hunter appeals the Trial Court's ruling, insisting that her suppressed memory of the event tolled the running of the statute of limitations. URL:http://www.tba.org/tba_files/TCA/HUNTER.OPN.WP6 URL:http://www.tba.org/tba_files/TCA/HUNTER.CON.WP6 JOHNNY KING, v. CITY OF CARYVILLE, Court:TCA PHILIP A. KAZEE of SEXTON, SEXTON, & KAZEE, P.C., Oneida, for Appellant. CARROL D. KILGORE of BRANSTETTER, KILGORE, STRANCH & JENNINGS, Nashville, for Appellee. First Paragraph: This is a breach of contract action. The defendant City of Caryville (Caryville or City) refused to honor a contract admittedly executed by its Mayor. The contract granted the plaintiff Johnny King (King) the exclusive right to operate and manage a solid waste landfill for the City. The trial court granted Caryville's Tenn. R. Civ. P. 12.02(6) motion to dismiss, finding that under the provisions of [Caryville's] statutory Charter and particularly of T.C.A. former 6-2-201(1) and (19), the power [to authorize the contract] could only be exercised by following the formal requisites for the adoption of ordinances and not by mere resolution of the City Council, so that the Resolution adopted and the Contract entered into are ultra vires and therefore null and void under T.C.A. former 6-2-103(b). URL:http://www.tba.org/tba_files/TCA/KINGJOHN.OPN.WP6 HUBERT MOREE, v. CAROL BRYANT and ROGER MOREE, Court:TCA FLOYD E. HUTCHERSON, Rockwood, for Plaintiff-Appellant. JOHN D. AGEE, COOLEY, COOLEY & AGEE, Kingston, for Defendants Appellees. First Paragraph: In this action, grantor's father sought to set aside a deed to his children. The Trial Court refused to grant relief and the father has appealed. URL:http://www.tba.org/tba_files/TCA/MOREE.OPN.WP6 JACK A. MORRIS, v. RICHARD JOHNSON, ET AL, Court:TCA Richard L. Dunlap Paris, Tennessee ATTORNEY FOR PLAINTIFF/APPELLEE John D. Drake Murfreesboro, Tennessee ATTORNEY FOR DEFENDANT/APPELLANT First Paragraph: The Defendant appeals from a judgment in favor of the Plaintiff rendered by the trial judge, sitting without a jury, in a case brought by a licensed real estate broker to recover his sales commission from the owner of the real estate. The owner listed his property with the Plaintiff realtor, who obtained the signatures of a prospective buyer and the seller on an Agreement of Sale. The sale was never closed. We affirm the award of a judgment below for the amount of the commission. URL:http://www.tba.org/tba_files/TCA/MORRIS.CTA.WP6 CECELIA C. MUNSEY, As Administratrix of the Estate of Lillian E. Collins v. JOHN CHARLES BARRETT, JR, ALLSTATE INSURANCE, and NANCY BARKER McNUTT, as Administratrix of the Estate of Wiley O. Collins Court:TCA THOMAS C. JESSEE OF JOHNSON CITY and THOMAS DOSSETT OF KINGSPORT FOR APPELLANT REBECCA OTTINGER CUTSHAW OF GREENEVILLE FOR APPELLEE JOHN CHARLES BARRETT, JR. First Paragraph: Cecelia C. Munsey, as Administratrix of the estate of her mother, Lillian E. Collins, appeals a $10,000 judgment rendered in her favor against John Charles Barrett, Jr., and the Allstate Insurance Company, uninsured motorist carrier for the vehicle being operated by her husband, in which she was a passenger. URL:http://www.tba.org/tba_files/TCA/MUNSEY.OPN.WP6 IN RE: ESTATE OF ERA MAE CRAWFORD, WAGGONER RICHARDSON, CHARLES RICHARDSON AND JUANITA MIZE, v. PAT M. FRALEY, SUCCESSOR EXECUTRIX, ESSIE BILES and ANDY BILES, Court:TCA JOE W. HENRY, JR. HENRY, HENRY, STACK, GARNER & SPEER, P.C. Pulaski, Tennessee Attorney for Plaintiffs/Appellants FRED I. WOMACK Fayetteville, Tennessee DON WYATT Fayetteville, Tennessee Attorneys for Defendants/Appellees First Paragraph: This is an appeal from a decision by the trial court holding that the persons who joined in the petition to probate a will in common form could not subsequently contest the will. We reverse the trial court on the issue actually decided and remand the cause for further proceedings on the issue of estoppel. URL:http://www.tba.org/tba_files/TCA/RICHARD.OPN.WP6 SAM TUCKER and wife DOROTHY TUCKER v. HOLIDAY OUT IN AMERICA AT TANSI CAMPSITE SUBDIVISION NO. 1 PROPERTY OWNERS ASSOCIATION Court:TCA HARRY D. SABINE OF CROSSVILLE FOR APPELLANT HENRY T. OGLE OF KNOXVILLE FOR APPELLEES First Paragraph: In this suit Sam Tucker and his wife Dorothy Tucker sue Holiday Out In America At Tansi CampSite Subdivision No. 1 Property Owners Association, seeking a declaration that the Association's attempt to amend the master deed applicable to all lots in the subdivision, which precluded them from receiving water from November 16 through March 14 of the ensuing year was unenforceable. URL:http://www.tba.org/tba_files/TCA/TUCKERSA.OPN.WP6 STATE OF TENNESSEE, v. JAMES BRADLEY, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: ELLERY E. HILL CHARLES W. BURSON Charter Federal Building Attorney General and Reporter Knoxville, TN AMY L. TARKINGTON Assistant Attorney General JERRY N. ESTES District Attorney General STEVE WARD Assistant District Attorney First Paragraph: At a bench trial the Appellant, James Bradley, was convicted in the Monroe County Criminal Court of two counts of assault. He received concurrent sentences of eleven months and twenty-nine days and a $250 fine on each count. Following service of sixty days incarceration, the balance of the sentences were suspended. In this direct appeal, the Appellant maintains that the trial judge erroneously rejected the theory the Appellant acted in self-defense. We find no such error and affirm the conviction. URL:http://www.tba.org/tba_files/TCCA/BRADLEYJ.OPN.WP6 LAWRENCE MOORE, v. STATE OF TENNESSEE, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Mark E. Stephens Charles W. Burson District Public Defender Attorney General/ Reporter David Gall Randall E. Nichols Assistant Public Defender District Attorney General Knoxville, Tennessee Hunt S. Brown Asst Atty. Gen. / Reporter Zane Scarlett Assistant District Attorney General First Paragraph: This is an appeal as of right by the appellant, Lawrence Moore, from a judgment entered in the Knox County Criminal Court dismissing his petition entitled "Petition for Writ of Habeas Corpus Without Application to Tenn. Code Ann. 29-21 104." Although styled as a petition for writ of habeas corpus, the trial court treated the petition as one seeking post-conviction relief, and upon motion of the State, dismissed the petition as being time-barred pursuant to Tennessee Code Annotated section 40-30-102. URL:http://www.tba.org/tba_files/TCCA/MOORE3.OPN.WP6
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