TBALink Opinion-Flash

April 09, 1996 -- Volume #2 -- Number #34 Opinion-Flash

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

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Jim Moore
TBALink Co-Chief Editor
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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