TBALink Opinion-Flash

March 08, 1996 -- Volume #2 -- Number #25

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.

This Issue:: New Opinons From TSC : 0; New Opinons From TCA : 7; New Opinons From TCCA : 2; New Opinons From AG : Pending

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Jim Moore
TBALink Co-Chief Editor
Opinion-Flash

JACK LLOYD BEATY, SR. v. MARY JOYCE SCOTT BEATY,

Court:TCA

Lisa M. Carson
Franklin, Tennessee
Attorney For Appellee

Thomas W. Hardin
Hardin & Parkes
Columbia, Tennessee
Attorneys for Appellant
                        
First Paragraph:

The sole issue presented in this appeal is whether the
Wife/Appellant is entitled to post-judgment interest on a
judgment of $50,000 awarded her by the decree of divorce
entered December 28, 1992.

URL:http://www.tba.org/tba_files/TCA/BEATYJL.OPN.WP6


ANGIE BROOKS,
VS. 
KIMBERLY J. QUAM DAVIS and, GAYLE SCHAAL, AND ERICA BROOKS,
a minor b/n/f ANGIE BROOKS,mother and natural guardian,
KIMBERLY J. QUAM DAVIS and AMY SCHAAL,
and CONCURRING OPINION

Court:TCA

PAUL WELKER
Clarksville
ATTORNEY FOR PLAINTIFFS/APPELLANTS

Alan M. Sowell
GRACEY, RUTH, HOWARD, TATE & SOWELL
Nashville
ATTORNEY FOR DEFENDANT/APPELLEE
ALLSTATE INSURANCE COMPANY

William R. Pigue
William G. McCaskill, Jr.
TAYLOR, PHILBIN, PIGUE,
MARCHETTI & BENNETT
Nashville
ATTORNEY FOR DEFENDANT/APPELLEE
KIMBERLY J. QUAM DAVIS
                        
First Paragraph:

This appeal is from the dismissal of the separate, but
consolidated, suits of a mother and daughter for their
personal injuries sustained while guest-passengers in a
vehicle owned by Gayle (Amy) Schall and operated by Kimberly
J. Quam Davis (hereafter "Ms. Davis").   Allstate Insurance
Company (hereafter "Allstate") was served with process as an
uninsured motorist insurer.

URL:http://www.tba.org/tba_files/TCA/BROOKSA.OPN.WP6
URL:http://www.tba.org/tba_files/TCA/BROOKSA.CON.WP6



GEICO GENERAL INSURANCE COMPANY,
v. 
DUSTI DAWN HOWARD, PAT HOWARD and wife PENNE HOWARD, RAY
GABRIELLE COX, and JOHN P. HOWARD and wife MARIA S. HOWARD,
____________________________________

THE FARMERS AUTOMOBILE INSURANCE ASSOCIATION, AN ILLINOIS
CORPORATION,
v. 
DUSTI DAWN HOWARD, PAT HOWARD and wife, PENNE HOWARD, RAY
GABRIELLE COX, and JOHN P. HOWARD and wife, MARIA S. HOWARD

Court:TCA

J. WILLIAM COLEY, HODGES DOUGHTY & CARSON, Knoxville, for
Plaintiff-Appellee, GEICO General Insurance Company of
America.

ROGER L. RIDENOUR, Clinton, for Defendant-Appellant, Ray
Gabrielle Cox.

W. CLARK MEREDITH, JOYCE, MEREDITH, FLITCROFT & NORMAND, Oak
Ridge, for Defendants-Appellants, Dusti Dawn Howard, Pat
Howard, and Penne Howard.

ROBERT M. CHEMERS and JOHN M. McGREGOR, PRETZEL & STOUFFER,
CHARTERED, Chicago, Illinois, and ROCKFORDE D. KING,
EGERTON, McAFEE, ARMISTEAD & DAVIS, Knoxville, for
Plaintiff-Appellee, The Farmers Automobile Insurance
Association.
                        
First Paragraph:

These declaratory judgment actions arose as a result of a
single car accident. GEICO General Insurance Company of
America ("GEICO") had issued a family automobile insurance
policy to Ernest P. Howard, and the Farmers Automobile
Insurance Company Association ("Farmers") had issued a
policy of insurance to John P. Howard.  Both policies were
in force at the time of the accident.

URL:http://www.tba.org/tba_files/TCA/GEICOINS.OPN.WP6


JULIE HARLAN, Individually and as Next Friend of JAMES K.
HUNT, II, a minor
v.
JAMES F. LOVETT and SONJA BLACKBURN             
v.
JAMES F. LOVETT              

Court:TCA

BURKETT C. McINTURFF, OF KINGSPORT, TENNESSEE, and SHELBURNE
FERGUSON, JR., OF KINGSPORT, TENNESSEE, FOR APPELLANT

JOSEPH F. HARRISON, WITH HARRISON & KENNEDY, OF BRISTOL,
TENNESSEE, FOR APPELLEES JULIE HARLAN AND JOHN K. HUNT, II

DAVID S. BUNN, WITH MASSENGILL, CALDWELL, HYDER & BUNN, OF
BRISTOL, TENNESSEE, FOR APPELLEE SONYA BLACKBURN
                        
First Paragraph:

The Defendant has appealed from a jury verdict awarding
compensatory and punitive damages for his conversion of
seven saddle horses.

URL:http://www.tba.org/tba_files/TCA/HARLANJ.OPN.WP6


PHYLLIS HOVENDEN, Petitioner/Appellant, BILL HOVENDEN, ELLEN
WEMYSS, PATRICIA HIGHERS, RICHARD ROUCH, and CITIZENS FOR AN
ORDERLY DEVELOPMENT OF GALLATIN,
v.
CITY OF GALLATIN, GALLATIN PLANNING COMMISSION, GALLATIN
CITY COUNCIL, L.A. GREEN, III, TRUSTEE, L.A. GREEN, III and
CALVERT GREEN CLEVENGER, Respondents/Appellees, and WAL-MART
STORES, INC., Intervenor/Appellee.

Court:TCA

RALPH W. MELLO
Brentwood
ATTORNEY FOR PETITIONER/APPELLANT

C.L. Rogers
Joe H. Thompson
ROGERS & MOORE
Gallatin
ATTORNEYS FOR RESPONDENTS/APPELLEES
CITY OF GALLATIN, GALLATIN PLANNING COMMISSION,
AND GALLATIN CITY COUNCIL

Paul C. Ney, Jr.
DORAMUS & TRAUGER
Nashville
ATTORNEY FOR RESPONDENTS/APPELLEES
L.A. GREEN, III and GREEN & LITTLE, A PARTNERSHIP

Robert E. Parker
George A. Dean
PARKER, LAWRENCE, CANTRELL & DEAN
Nashville
ATTORNEYS FOR INTERVENOR/APPELLEE WAL-MART STORES, INC.
                       
First Paragraph:

The captioned petitioners filed their Petition for Writ of
Certiorari and Verified Complaint seeking review of the
action of the City Council of Gallatin in regard to the
zoning of certain property and for injunctive relief.  From
an adverse judgment in the Trial Court, one of the
petitioners, Phyllis Hovenden, has appealed, presenting the
following issues for review:

URL:http://www.tba.org/tba_files/TCA/HOVENDEN.OPN.WP6


JAY FRANKLIN SMITH, v. PATRICIA ANN SMITH,

Court:TCA

HERBERT M. BACON and MARK A. COWAN, BACON, JESSEE, PERKINS &
SWANSON, Morristown, for Plaintiff-Appellee.

ETHEL P. LAWS, Morristown, for Defendant-Appellant.
                        
First Paragraph:

In this custody dispute, the parties were divorced in 1992,
and the mother was granted custody of the parties minor
son.  The decree provided that the mother would not remove
the child from the State without permission of the Court,
but no scheduled visitation was ordered.

URL:http://www.tba.org/tba_files/TCA/SMITHJF.OPN.WP6


STATE OF TENNESSEE, v. TRACY LAMAR BELLE,

Court:TCCA

For the Appellant:          For the Appellee:

William R. Heck             Charles W. Burson
Chattanooga                 Attorney General of Tennessee
                            and
                            Michael J. Fahey, II
                            Asst Attorney General of TN             
                            
                            Randy Nichols   
                            District Attorney General
                            and
                            Robert L. Jolley, Jr.
                            John Gill
                            Asst District Attorneys General
                         
First Paragraph:

The defendant, Tracy Lamar Belle, was convicted in a jury
trial in the Hamilton County Criminal Court of second degree
murder, a Class A felony, and attempted second degree
murder, a Class B felony.  As a Range I, standard offender,
he received a twenty-five-year sentence for second degree
murder and a concurrent twelve-year sentence for the
attempted second degree murder.  In this appeal as of right,
the defendant challenges the sufficiency of the evidence.

URL:http://www.tba.org/tba_files/TCCA/BELLETL.OPN.WP6


JERRY BUTLER, v. STATE OF TENNESSEE,

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

GEORGE MORTON GOOGE         CHARLES W. BURSON
District Public Defender    Attorney General/Reporter

PAMELA J. DREWERY           WILLIAM DAVID BRIDGERS
Assistant Public Defender   Assistant Attorney General

                            JERRY WOODALL
                            District Attorney General

                            DON ALLEN
                            Asst District Attorney General
                        
First Paragraph:

This is an appeal pursuant to Rule 3 of the Tennessee Rules
of Appellate Procedure.  After an evidentiary hearing, the
trial court denied the Petitioner's request for
post-conviction relief from his guilty plea to aggravated
sexual battery.  We affirm the judgment of the trial court.

URL:http://www.tba.org/tba_files/TCCA/BUTLERJ.OPN.WP6

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