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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DONNA JUNE ARCHER and JAMES DAVID ARCHER, Individually and as Administrators of the Estate of VERNA LEE ARCHER, v. BURTON PLAZA ASSOCIATES, LTD., and AMERICAN MANAGEMENT COMPANY, INC., Court:TCA WILLIAM E. PHILLIPS, Phillips and Hale, Rogersville, for Appellants. TRACEY SHAW, Howell and Fisher, Nashville, for Appellees. First Paragraph: This is an action for wrongful death. The plaintiffs seek to recover damages from the owners and operators of the Burton Plaza Apartments complex in Rogersville. The plaintiffs assert that the defendants were negligent in failing to provide proper security and protection for the occupants of the apartments. URL:http://www.tba.org/tba_files/TCA/ARCHER.OPN.WP6 DOROTHY LOUISE BECK, v. WENDELL LEE BECK, Court:TCA PERRY P. PAINE, JR. and H. ALLEN BRAY of PAINE, GARRETT & BRAY, Maryville, for Appellant H. CHRIS TREW of HIGGINS, BIDDLE, CHESTER & TREW, Athens, for Appellee First Paragraph: This is a divorce case. The lower court's judgment dissolved a marriage that had endured, tumultuously at times, for over 29 years. The trial judge granted the 46-year old plaintiff, Dorothy Louise Beck (Wife), a divorce on the ground of adultery; awarded her custody of the parties' two minor children; URL:http://www.tba.org/tba_files/TCA/BECK.OPN.WP6 CAROLYN BRUCE and husband, JOHN DAVID BRUCE, v. ROBERT OLIVE AND SANDRA G. OLIVE, Individually and d/b/a Olive and Olive, P.C., Court:TCA Lynn M. Lauderback of Kingsport For Plaintiffs-Appellants R. Franklin Norton, Geoffrey D. Kressin, Norton & Luhn, P.C., of Knoxville For Defendants-Appellees First Paragraph: This is a legal malpractice case. Plaintiffs, Carolyn Bruce, and husband, John David Bruce, appeal from the order of the trial court granting summary judgment to defendants, Robert Olive and Sandra G. Olive, individually and d/b/a Olive & Olive, P.C.. URL:http://www.tba.org/tba_files/TCA/BRUCE.OPN.WP6 CHERYL ANN CUPPLES, v. LUTHER WAYNE CUPPLES, Court:TCA Lloyd R. Tatum, TATUM AND TATUM, Henderson, Tennessee Attorney for Plaintiff/Appellant. Mary Jo Middlebrooks, MIDDLEBROOKS & GRAY, P.A., Jackson, Tennessee Attorney for Defendant/Appellee. First Paragraph: This divorce action involves dissolution of the 25 year marriage between Appellant, Cheryl Ann Cupples ("Wife"), and Appellee, Luther Wayne Cupples ("Husband"). Wife filed for divorce in September 1992, citing irreconcilable differences and inappropriate marital conduct. Husband counterclaimed for divorce alleging inappropriate marital conduct. Both parties sought custody of their minor son, Jonathan, age 10 at the time of trial. On appeal, Wife cites as error the trial court's award of an absolute divorce and custody of the child to Husband, its failure to award her alimony and its division of the marital estate. URL:http://www.tba.org/tba_files/TCA/CUPPLES.OPN.WP6 LISA ANN DANGLER v. EDWARD EUGENE DANGLER, father, PATRICIA G. DANGLER, and EDWARD C. DANGLER, grandparents, Court:TCA WALTER L. OLSON, Nashville Attorney for Petitioner/Appellant THOMAS W. HARDIN, Hardin & Parkes, Nashville Attorney for Respondents/Appellees First Paragraph: This case involves the application and interpretation of certain provisions of the Uniform Child Custody Jurisdiction Act (UCCJA) as enacted by the states of Missouri and Tennessee, T.C.A. 36-6-201 to 36-6-225 (1991), as well as the Federal Parental Kidnapping Prevention Act (PKPA). 28 U.S.C.A. 1738A (1994). The courts of this state first became involved with this tragic set of complicated circumstances when Lisa Ann Dangler (petitioner), a resident of Missouri, filed suit in the Circuit Court of Maury County, Tennessee (Tennessee trial court) seeking to have that court enroll a foreign judgment from the state of Missouri and to enforce a writ of habeas corpus issued by the Circuit Court of Barry County, Missouri (Missouri trial court), which had as part of a divorce proceeding in that court in 1983 awarded petitioner custody of the parties minor child. URL:http://www.tba.org/tba_files/TCA/DANGLER.OPN.WP6 ECI BUILDING COMPONENTS, INC., v. CHANL-LOC DOCKS, INC. and GENE SMITH, Court:TCA J. Myers Morton, Knoxville, Attorney for the Appellant, ECI Building Components, Inc. C. Paul Harrison, Knoxville, Attorney for the Appellee, Marine Dock & Supply, Inc. First Paragraph: A judgment was entered against the defendants, jointly, on September 2, 1992. A garnishment in aid of a writ of execution was issued by the Clerk on January 19, 1993 to Marina Dock and Supply, Inc., which answered by letter on January 20, 1993 that it "was not indebted to the defendant at the time of the service of the garnishment." URL:http://www.tba.org/tba_files/TCA/ECI.OPN.WP6 BRENDA L. GRAY, v. STEPHEN D. GRAY, Court:TCA JOE P. BINKLEY, SR. Nashville JOHN BELL WHITESELL Nashville ATTORNEYS FOR PLAINTIFF/APPELLEE CAROL L. SOLOMAN Nashville THOMAS F. BLOOM Nashville ATTORNEYS FOR DEFENDANT/APPELLANT First Paragraph: Following a marriage of approximately eight years, Wife filed a complaint for absolute divorce in November 1993. In her complaint, she alleged adultery, inappropriate marital conduct, and irreconcilable differences. Husband answered and filed a counter-complaint which alleged cruel and inhuman treatment, inappropriate marital conduct, and irreconcilable differences. URL:http://www.tba.org/tba_files/TCA/GRAYBL.OPN.WP6 TINA HARVEY et ux, v. GENETH WOLFER, D.O., Court:TCA Selma Cash Paty, Chattanooga, For the Appellant David E. Harrison and Tonya Kennedy McIntosh, Chattanooga, For the Appellee First Paragraph: Initially, this action was one for damages for the alleged medical malpractice of the defendant in dropping the plaintiff Tina Harvey or preventing her from falling and fracturing her ankle after an injection which may have caused numbness in her legs. URL:http://www.tba.org/tba_files/TCA/HARVEYTI.OPN.WP6 JAMES JENNINGS, v. CHARLES TRAUGHBER, ET AL, Court:TCA JAMES JENNINGS, pro se Clifton, Tennessee CHARLES W. BURSON Attorney General and Reporter EUGENE J. HONEA Assistant Attorney General Attorneys for Appellee First Paragraph: Petitioner James Jennings, an inmate at CCA-South Central Correctional Center acting pro se, sought judicial review of the decision rendered by the Tennessee Board of Parole ("TBOP"), revoking Petitioner's parole, by common law writ of certiorari. The Chancery Court, Davidson County, granted the Motion to Dismiss filed by Respondent, Charles Traughber, Chairman, TBOP. Petitioner appeals the chancellor's decision. URL:http://www.tba.org/tba_files/TCA/JENNINGS.OPN.WP6 DUANE A. PETERS, v. COMMONWEALTH ASSOCIATES, Court:TCA KEVIN W. SHEPHERD, Maryville, for Appellant. DAVID T. BLACK and C. EDWIN SHOEMAKER of KIZER AND BLACK, Maryville, for Appellee. First Paragraph: This is an action brought by Duane A. Peters (Peters) for alleged violations of the Tennessee Securities Act of 1980 and the Tennessee Consumer Protection Act of 1977. Peters' suit against Commonwealth Associates (Commonwealth) arose out of investments made by Peters through David Dudkin, an agent of Commonwealth. Commonwealth moved to stay this action and to compel arbitration of Peters' claims pursuant to T.C.A. 29-5-301 et seq., the Uniform Arbitration Act. In support of its motion, Commonwealth relied upon a written agreement, signed by Peters, wherein he agreed to submit all controversies between the parties to arbitration. URL:http://www.tba.org/tba_files/TCA/PETERSDA.OPN.WP6 JEFFREY KEITH PHILLIPS and JENNIFER PHILLIPS, v. EUGENE RUSSELL, Court:TCA TIMOTHY S. BELISLE, Anderson, Fugate, Givens, Counts, & Belisle, Johnson City, for Appellant. ROBERT J. JESSEE, Johnson City, for Appellees. First Paragraph: The parties to this appeal entered into a contract whereby the appellant was to construct a home for the appellees. Problems developed between the parties which resulted in an action by the plaintiffs-appellees to recover damages from the defendant-appellant for defective workmanship in the construction and to remove a cloud from their title resulting from a lien filed by the defendant. URL:http://www.tba.org/tba_files/TCA/PHILLIPJ.OPN.WP6 LYNDA DIANE SCHMIDT, v. GLENN VERN SCHMIDT, Court:TCA Selma Cash Paty, Chattanooga, For the Appellant Barrett T. Painter, Cleveland, For the Appellee First Paragraph: The trial court awarded the plaintiff rehabilitative alimony of $1,000.00 monthly for 24 months. The plaintiff appeals, insisting that the award is (1) inadequate to her needs and (2) should have been in futuro. No other issue is presented. URL:http://www.tba.org/tba_files/TCA/SCHMIDTL.OPN.WP6 BRIAN WEIFORD d/b/a ELITE CABLE TELEVISION COMPANY, v. FIELDS DEVELOPMENT CO., INC., d/b/a DEERFIELD RESORT, Court:TCA ANDREW N. HALL, Wartburg, for Appellant. JOSEPH C. COKER, Jacksboro, for Appellee. First Paragraph: This is an appeal from the judgment of the trial court granting the appellee's motion for summary judgment. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCA/WEIFORD.OPN.WP6 STATE OF TENNESSEE, v. KENNETH MCFARLAND, Court:TCCA For Appellant: For Appellee: Periann S. Houghton Charles W. Burson Asst. Public Defender Attorney General & Reporter George Linebaugh Counsel for the State Criminal Justice Division Clayburn L. Peeples District Attorney General and Garry Brown Asst. District Attorney General First Paragraph: The defendant, Kenneth McFarland, was convicted of aggravated robbery and, as a standard offender, received a Range I sentence of twelve years. On appeal, the defendant claims the evidence was insufficient to support the verdict. URL:http://www.tba.org/tba_files/TCCA/MCFARLAN.OPN.WP6 STATE OF TENNESSEE, v. JAMES RUSSELL NEILL, JR., Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: W. J. Reynolds Charles W. Burson Attorney at Law Attorney General & Reporter William David Bridgers Assistant Attorney General Robert "Gus" Radford District Attorney General John Overton Asst. Dist. AG First Paragraph: Following a trial before a Hardin County jury, the appellant, James Russell Neill, Jr., was found guilty of driving under the influence of an intoxicant. He was sentenced to eleven months and twenty-nine days with all but ten days suspended. In this appeal as of right, the appellant alleges that the evidence was insufficient to support his conviction. Upon a review of the record in this case, we agree that the evidence is insufficient as a matter of law to sustain a conviction for driving under the influence of an intoxicant. However, the evidence is more than sufficient to sustain a conviction for the lesser included offense of driving while impaired in violation of Tennessee Code Annotated section 55-10-415(a)(1)(A). URL:http://www.tba.org/tba_files/TCCA/NEILLJR.OPN.WP6 STATE OF TENNESSEE, v. DEANDRADE PHILLIPS, Court:TCCA For the Appellant: For the Appellee: Randall E. Reagan Charles W. Burson 602 Gay Street Attorney General and Reporter Knoxville, TN 37902 Amy L. Tarkington Assistant Attorney General Criminal Justice Division H. Greeley Wells, Jr. District Attorney General David Overbay Asst. District Attorney General First Paragraph: The appellant, Deandrade "DeeDee" Phillips, appeals as of right from the judgment of conviction and the sentence entered by the Criminal Court of Sullivan County. On July 14, 1994, the appellant was found guilty by a jury of one count of sale of cocaine in excess of one-half gram, a class B felony. On August 29, 1994, the trial court sentenced the appellant to ten years in the state penitentiary as a range I, standard offender. The appellant now seeks our review of the conviction and sentence challenging (1) the sufficiency of the evidence and (2) the sentence imposed by the trial court. http://www.tba.org/tba_files/TCCA/PHILLIPD.OPN.WP6 URL:http://www.tba.org/tba_files/TCCA/PHILLIPD.OPN.WP6
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