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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IN RE: Tennessee Supreme Court Rule 8, Disciplinary Rules 2-101 and 2-104 Court:TSC Attonreys:N/A First Paragraph: O R D E R - Upon review and consideration of the comments received from the public at large, members of the bar, and the judiciary, and pursuant to the Courts inherent authority to regulate the practice of law, Tennessee Supreme Court Rule 8, Disciplinary Rules 2-101 and 2-104 are hereby amended by deleting subsection (N) of Disciplinary Rule 2-101 in its entirety; and by deleting Disciplinary Rule 2-104 in its entirety and substituting instead the following:... URL:http://www.tba.org/tba_files/TSC/D2104.RUL.WP6 LARRY CARTER and wife, PATSY L CARTER, A.L. DUCKWORTH, JR., WILLIAM BEACH, LYMAN KING, DEAN LANDERS, LILLIAN PETERS, JAMES D. KEY and wife, ESTA KEY, GYLE CARTER and wife, BETSY CARTER, DOUG FRESHOUR and wife, WANDA FRESHOUR, ROBERT H. CREMINS, EVERETTE DIXON and wife, CINDY DIXON, CARL DIXON and wife, LUCILLE DIXON, ETHEL S. EDWARDS, CLAUDE DIXON and wife, ZELMA DIXON, and FRANK DUNAWAY and wife, KATE DUNAWAY, v. BOBBY JOE ADAMS and wife, VIOLA H. ADAMS, COLLINS ENTERPRISES, INC., and GREEN COUNTY, TENNESSEE, Court:TCA J. RONNIE GREER, Greeneville, for Plaintiffs-Appellees. K. KIDWELL KING, JR., KING & KING, Greeneville, for Defendants Appellants Bobby Joe Adams and wife, Viola H. Adams, and Collins Enterprises, Inc. ROGER A. WOOLSEY, Greeneville, for Appellant Greene County, Tennessee. First Paragraph: In this action the Chancellor declared invalid Greene Countys rezoning of certain properties, and the County and the owners of the property have appealed. URL:http://www.tba.org/tba_files/TCA/CARTERET.OPN.WP6 CONTINENTAL INSURANCE COMPANY, Subrogee of Entertainment Technical Services, Inc., v. M. T. GOSSETT, Court:TCA J. MATTHEW POWERS, Leitner, Warner, Moffitt, Williams, Dooley, Carpenter, & Napolitan, Nashville, Attorneys for Plaintiff/Appellee RUDICK J. MURPHY, II, Blackard & Murphy, Nashville, Attorneys for Defendant/Appellant First Paragraph: Continental Insurance Company (plaintiff) as subrogee of Entertainment Technical Services, Inc. (Entertainment or insured) filed suit in the Circuit Court of Davidson County against M.T. Gossett (defendant) for damages sustained as a result of defendants negligence. Following a bench trial, the trial court awarded plaintiff damages in the amount of $11,308.09 plus attorneys fees in the amount of $2,500.00. Defendant presents three issues for review on appeal: (1) whether the evidence preponderates against the judgment of the trial court that plaintiff was entitled to recover damages from defendant; (2) whether the trial court erred in awarding plaintiff attorneys fees; and (3) whether the trial court erred in allowing plaintiffs first witness to remain in court as its representative following his testimony. For the reasons hereinafter stated, we reverse the action of the court in awarding plaintiff attorney fees and otherwise affirm. URL:http://www.tba.org/tba_files/TCA/CONTINEN.OPN.WP6 STACY P. JARRETT HARVEY and HOID QUARLES, v. ANDREW GUY FULMER and RHETT BUTLER TRUCKING, INC., Court:TCA JOHN T. RICE Chattanooga, Tennessee Attorney for Appellants CLAYTON M. WHITTAKER Chattanooga, Tennessee Attorney for Appellee Stacy P. Jarrett Harvey First Paragraph: Plaintiff-Appellee, Stacy P. Jarrett Harvey, sued Defendants-Appellants, Andrew Guy Fulmer and Rhett Butler Trucking, Inc., for injuries sustained in an automobile accident which occurred in Hamilton County, Tennessee. The lower court directed a verdict against the Appellants on the issue of liability and sent the case to the jury on the issue of damages only. The jury returned with a verdict of $40,000 in favor of Ms. Harvey. The trial court overruled Appellants' Motion for a New Trial and Remittitur. This appeal followed. URL:http://www.tba.org/tba_files/TCA/HARVEYSP.OPN.WP6 RAYMOND LINDSEY and JOHNNIE FAYE LOWE, v. EUGENE LINDSEY, Court:TCA EUGENE B. DIXON KOELLA & DIXON ATTORNEYS Maryville, Tennessee Attorney for Appellant PHILLIP REED REED & HICKMAN, P.A. Maryville, Tennessee Attorney for Appellees First Paragraph: This case involves an unfortunate dispute between a father and his children. Plaintiffs, Raymond Lindsey and Johnnie Faye Lowe, brought suit for an injunction pursuant to T.C.A. 29-23-201 (Michie 1980). Plaintiffs sought to prevent their father, Defendant Eugene Lindsey, from bringing foreclosure proceedings on a note and deed of trust covering certain real property located in Blount County, Tennessee. The trial court granted Plaintiffs request for an injunction, and Defendants perfected the present appeal. URL:http://www.tba.org/tba_files/TCA/LINDSEYE.OPN.WP6 RICHARD J. ROBERTS and ELIZABETH A. ROBERTS, v. FEDERAL EXPRESS CORPORATION, Court:TCA LARRY E. PARRISH PARRISH, SHAW & BRANDON Memphis, TN Attorney for the Plaintiff/Appellant CHARLES W. HILL . ROBERT B.C. HALE WARING COX Memphis, TN KAPLAN & BEGY ROBERT C. VON OHLEN, JR JOHN B. AUSTIN Chicago, IL JAMES R. MULROY II FEDERAL EXPRESS CORP. Memphis, TN Attorneys for Defendant/Appellee First Paragraph: This malicious prosecution action involves the question of whether the defendant had probable cause to institute criminal proceedings against the plaintiff, a former employee. URL:http://www.tba.org/tba_files/TCA/ROBERTSR.OPN.WP6 DOUGLAS B. YOUNG d/b/a CITY TILE, v. JAMES BROWN, v. JIMMY C. POPE, and wife, JANICE E. POPE, Court:TCA PATRICK J. MCHALE Brentwood, Tennessee Attorney for Appellants ROYCE TAYLOR Murfreesboro, Tennessee Attorney for Appellee, James Brown RICK G. MANSFIELD Murfreesboro, Tennessee Attorney for Appellee, Douglas Young d/b/a City Tile First Paragraph: The plaintiff, Douglas B. Young, d/b/a City Tile, sued the defendants, Jimmy and Janice Pope, and their contractor, James Brown, to recover the balance due on materials furnished for the construction of the Popes' home and to enforce a mechanic's lien on the Popes' property. Brown cross-claimed against the Popes for the balance allegedly due on the construction contract. Following a hearing on the matter, the trial court entered judgment in favor of Young against Brown in the amount of $6,457.52, held that the Popes were jointly and severally liable to Young for $4,948.30, and held that the Popes were liable to Brown for $7,250.00. The Popes have appealed, alleging that the trial court erred in calculating damages. For the reasons stated below, we affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCA/YOUNGDB.OPN.WP6 STATE OF TENNESSEE, v. LAWRENCE SHELTON, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Greg W. Eichelman Charles W. Burson Public Defender Attorney General and Reporter Morristown, TN Michelle L. Lehmann Assistant Atty. Gen. & Reporter C. Berkeley Bell District Attorney General Cecil C. Mills, Jr. Asst District Attorney General Eric D. Christiansen Asst District Attorney General First Paragraph: The appellant, Lawrence Shelton, appeals as of right the judgment of convictions of assault and criminal trespass entered against him by the Criminal Court of Greene County. He argues on appeal that: (1) Count one of a two-count indictment brought against him was not endorsed as "a True Bill" and was therefore invalid.(2) The evidence adduced at trial was insufficient to support the jury's verdict.(3) The sentence imposed by the trial court was excessive URL:http://www.tba.org/tba_files/TCCA/SHELTONL.OPN.WP6 STATE OF TENNESSEE, v. ROBERT ANTHONY MESSER, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: B. C. MCINTURFF CHARLES W. BURSON Kingsport, TN Attorney General and Reporter MICHAEL J. FAHEY, II Assistant Attorney General GREELEY WELLS District Attorney General ROBERT MONTGOMERY Asst District Attorney General First Paragraph: The Defendant, Robert Anthony Messer, appeals as of right from the judgment of the trial court which found him to be in violation of the terms of his probation. The Defendant argues that the trial judge abused his discretion in revoking the Defendants probation. We disagree and affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/MESSER.OPN.WP6
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