-
TBALink Opinion-Flash
April 09, 1996 -- Volume #2 -- Number #34
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 : 4
- New Opinons From TCCA : 2
- New Opinons From AG : Pending
- New Opinons From TCA : 4
There are three ways to get the full opinion from the Web: (TBALink members only)
- Do a key word search in the Search Link area of TBALink.This option will allow you to view and save a
plain text version of the opinion.
- *NEW* Browse the Opinion List area of TBALink. This option will allow you to download the original
WP 6.0 document. version of the opinion.
- Click the URL Link at end of each Opinion Paragraph below. This option will allow you to download the original WP 6.0 document.
Jim Moore
TBALink Co-Chief Editor
ATLANTA CASUALTY COMPANY, v. MARGIE ETTA FUSON, DAMON LEE FUSON, and SHANNON NICOLE FUSON, Court:TCA Steven L. Hurdle, Jeffrey Ingran, ARNETT, DRAPER & HAGOOD, Knoxville, Tennessee Attorneys for Plaintiff/Appellant. Dennis M. Robertson, Tazewell, Tennessee Attorney for Defendants/Appellees. First Paragraph: This appeal stems from a declaratory judgment action filed by Appellant, Atlanta Casualty Company (Atlanta Casualty), seeking a determination of whether an automobile insurance policy issued by Atlanta Casualty to Damon P. Fuson, now deceased, affords uninsured motorist coverage to the appellees, Margie Etta Fuson, surviving spouse of the deceased, and their two minor children, Damon Lee and Shannon Nicole Fuson (hereinafter the Fusons). The trial court entertained motions for summary judgment filed by both parties. The trial court denied Appellants motion, but entered summary judgment in favor of the appellees, finding that the insurance policy in question affords them coverage. For reasons hereinafter detailed, we affirm the judgment of trial court. URL:http://www.tba.org/tba_files/TCA/ATLANTA.OPN.WP6
CAROL LOUISE KEPLER, v. SCOTT JAMES KEPLER,
Court:TCA
Sarah Swanson Higgins,
ESHBAUGH, SIMPSON AND VARNER, Knoxville, Tennessee
Attorney for Defendant/Appellant.
Jerrold L. Becker,
Samuel W. Brown,
LOCKRIDGE, BECKER & VALONE, P.C., Knoxville, Tennessee
Attorney for Plaintiff/Appellee.
First Paragraph:
This divorce litigation involves the dissolution of the
twenty-one year marriage between Appellant, Scott James
Kepler (Husband) and Appellee, Carol Louise Kepler (Wife).
Their union produced two children, ages 17 and 14 at the
time of trial. The final divorce decree granted an absolute
divorce and custody of the children to Wife. Husband now
appeals from the decree, challenging the trial courts
valuation of the marital residence, award of rehabilitative
alimony and attorneys fees to Wife and failure to establish
an ascertainable standard by which to measure Wifes
progress towards completion of her educational goals. For
reasons to be discussed, we affirm the trial court.
URL:http://www.tba.org/tba_files/TCA/KEPLERCL.OPN.WP6
BETTY MANIS, v. JERRY K. GALYON,
Court:TCA
J. LEWIS KINNARD, Madisonville, for Appellant.
DWIGHT E. STOKES, Sevierville, for Appellee.
First Paragraph:
This action was instituted as a complaint for a declaratory
judgment and for a partition of real estate. The appellant
sought a declaratory judgment that she was the owner of an
undivided interest in a tract of land located in Sevier
County as a tenant in common with the appellee. She further
sought to have the court partition the property in question.
Both parties filed motions for summary judgment. The trial
court sustained the defendant's motion for summary judgment,
denied plaintiff's motion and found that the appellant held
no interest in the property. This appeal resulted. We
affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCA/MANISBET.OPN.WP6
JOHN PHIPPS and SANDRA PHIPPS,
v.
ROBERT WAYNE WALKER, AND RANDALL WAYNE WALKER,
Court:TCA
Kevin W. Shepherd, Maryville, Tennessee
Attorney for Plaintiffs/Appellants.
Beecher A. Bartlett, Jr.,
Adrienne L. Anderson,
KRAMER, RAYSON, LEAKE, RODGERS & MORGAN, Knoxville, TN
Attorney for Defendant/Appellee Robert Wayne Walker.
First Paragraph:
This action for negligent hiring results from the alleged
burglary of the home of Appellants, John and Sandra Phipps,
by Randall Wayne Walker, son and employee of the appellee,
Robert Wayne Walker. Appellee is the owner of Walker
Electric which, in 1994, sub-contracted with Shore Builders,
Inc. to perform the electrical work on the Appellants home,
then under construction. Randall was an employee of
Walker Electric at this time.
URL:http://www.tba.org/tba_files/TCA/PHIPPSJ.OPN.WP6
STATE OF TENNESSEE, v. ROBERT JEROME HARRIS,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Gregory D. Smith Charles W. Burson
Contract Appellate Defender Attorney General / Reporter
One Public Square 450 James Robertson Parkway
Suite 321 Nashville, Tennessee
Clarksville, Tennessee 37040
(Appeal Only) Clinton J. Morgan
Asst Atty. Gen. & Reporter
Ardena J. Garth 450 James Robertson Parkway
District Public Defender Nashville, Tennessee
Brenda G. Siniard William H. Cox, III
701 Cherry Street District Attorney General
Chattanooga, Tennessee 37402
Thomas J. Evans
Asst District AG
Deanne Irwin
Asst District AG
Adrian Britt
Asst District AG
Courts Building
600 Market Street
Chattanooga, Tennessee
First Paragraph:
The appellant, Robert Jerome Harris, was indicted in
Hamilton County for first degree murder for the stabbing
death of Henry Sims. The case was tried to a jury which
found the appellant guilty of the lesser included offense of
voluntary manslaughter. The appellant was sentenced as a
Range I offender to five (5) years in the Tennessee
Department of Correction. In this appeal he challenges the
sufficiency of the convicting evidence and also argues that
the trial court erred in denying him an alternative sentence
and in giving a sentence above the minimum sentence within
the range.
URL:http://www.tba.org/tba_files/TCCA/HARRISR2.OPN.WP6
STATE OF TENNESSEE, v. WAYNE L. HUGHES,
Court:TCCA
For the Appellant: For the Appellee:
Jeffrey S. Pulley Charles W. Burson
Attorney Attorney General and Reporter
Suite 602 450 James Robertson Parkway
176 Second Avenue, North Nashville, TN 37243-0493
Nashville, TN 37201
Hunt S. Brown
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
C. Michael Layne
District Attorney General
and
Steve Weitzman
Assistant District Attorney
Manchester, TN 37355
First Paragraph:
The defendant, Wayne L. Hughes, appeals from his Coffee
County convictions for felony reckless endangerment and
evading arrest. The trial court imposed a Range I sentence
of two years for felony reckless endangerment to be served
concurrently with the eleven month, twenty-nine day sentence
imposed for evading arrest. The sentences were to be
suspended after the service of seven months in jail.
URL:http://www.tba.org/tba_files/TCCA/HUGHESWL.OPN.WP6
Feel free to forward this Opinion-Flash on to any attorney you know of with an internet address, who is not a TBALink member. To Join TBALink - Http://www.tba.org/join.html/
Would you like to receive the TBALink Opinion-Flash each day via e-mail?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE
3) Leave the body of the message blank
Non TBA members are WELCOME to subscribe...it's free!!
Would you like to STOP receiving the TBALink Opinion-Flash?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: UNSUBSCRIBE
3) Leave the body of the message blank
Return to the TBALink Home Page