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: ESTATE OF MARY T. AUSTIN, Deceased, ELIZABETH T. AUSTIN, v. CHRISTY N. AUSTIN AND ROBERT C. AUSTIN, JR., Court:TSC For Beneficiary-Appellant: For Beneficiaries-Appellees: Craig V. Gabbert, Jr. John A. Walker, Jr. L. Glenn Worley Walker & Walker, P.C. Harwell, Howard, Hyne, Knoxville Gabbert & Manner, P.C. Nashville Bernard E. Bernstein James W. Parris Jack W. Robinson, Sr. Bernstein, Stair & McAdams Gullett, Sanford, Robinson Knoxville & Martin Nashville First Paragraph: This case presents for review the decision of the probate court , affirmed by the Court of Appeals, that the personal representative in this case may, in his discretion, distribute certain corporate stock in kind rather than sell the stock and distribute the proceeds. The decision misconstrues applicable law and is reversed. URL:http://www.tba.org/tba_files/TSC/AUSTINMT.OPN.WP6 PEGGY BALL, v. G. W. HUBBARD HOSPITAL of MEHARRY MEDICAL COLLEGE, Court:TCA T. J. EMISON, JR. P. O. Box 13 Alamo, Tennessee 38001 ATTORNEY FOR PLAINTIFF/APPELLANT CYRUS L. BOOKER CARLA G. FOX Booker & Associates First American Center 315 Deaderick Street, Suite 1280 Nashville, Tennessee 37238-1280 ATTORNEYS FOR DEFENDANT/APPELLEE First Paragraph: This is an appeal by plaintiff, Peggy Ball, from the trial courts order granting the motion for summary judgment of defendant, G. W. Hubbard Hospital of Meharry Medical College, and dismissing plaintiffs complaint. URL:http://www.tba.org/tba_files/TCA/BALLPEG.OPN.WP6 RILEY E. TURNER, AS ADMINISTRATOR OF THE ESTATE OF MARGARET BENEFIELD, v. STATE OF TENNESSEE, Court:TCA J. P. Bradley of Waverly For Appellant George H. Coffin, Assistant Attorney General For Appellee First Paragraph: Plaintiff Riley E. Turner, administrator of the estate of Margaret Benefield, appeals from the order of the Tennessee Claims Commission that dismissed his suit for the wrongful death of Ms. Benefield. URL:http://www.tba.org/tba_files/TCA/BENEFLD.OPN.WP6 NATIONSBANK, v.FREDERICK N. CLEGG, SR., Court:TCA RON CUNNINGHAM P. O. Box 1 Knoxville, Tennessee 37901 ATTORNEY FOR PLAINTIFF/APPELLANT BRADLEY A. WILSON Parkway Towers, Suite 1400 404 James Robertson Parkway Nashville, Tennessee 37219 ATTORNEY FOR DEFENDANT/APPELLEE First Paragraph: On February 16, 1994, Nationsbank sued the Appellee, Frederick Clegg, for a deficiency resulting from the sale of collateral used in an installment loan. The chancery court concluded that Nationsbank did not dispose of the collateral in a commercially reasonable manner, and denied it recovery. URL:http://www.tba.org/tba_files/TCA/CLEGGFN.OPN.WP6 TAMMY RUSHING GREENE, v. BRYAN LYNN GREENE, Court:TCA John W. Cleveland, Cleveland & Cleveland of Sweetwart, for Appellant William A. Buckley, Jr., of Athens For Appellee First Paragraph: This is a child custody case. Bryan L. Greene (Father) and Tammy Rushing Greene, now Harris (Mother), were divorced by decree entered June 2, 1988. The decree incorporated a prior Marital Dissolution Agreement, which granted custody of the parties' minor child, Sara Ann Greene, to Mother, with liberal visitation rights to Father. On September 15, 1994, Father filed a petition seeking custody, alleging a material change in circumstances. After an evidentiary hearing on March 10, 1995, the trial court granted Father's Petition for Change of Custody. Mother has appealed, and the only issue is whether the trial court erred in ordering a change of custody. URL:http://www.tba.org/tba_files/TCA/GREENEBL.OPN.WP6 RETHA LAMAR HUSSEY, v. GEORGE WILLIAM HUSSEY, Court:TCA ROSEMARY E. PHILLIPS First American Center Suite 2395 315 Deaderick Street Nashville, Tennessee 37238 ATTORNEY FOR PLAINTIFF/APPELLEE MACLIN P. DAVIS, JR. DARWIN A. HINDMAN, III 1700 Nashville City Center 511 Union Street Nashville, Tennessee 37219 ATTORNEYS FOR DEFENDANT/APPELLANT First Paragraph: This is an appeal by defendant, George William Hussey ("Husband"), from the trial court's judgment denying his petition to terminate and/or reduce the alimony which the trial court had previously ordered him to pay to plaintiff, Retha Lamar Hussey ("Wife"). URL:http://www.tba.org/tba_files/TCA/HUSSEYRL.OPN.WP6 ROBERT LYNN SEEBER v. JULIA ANN SEEBER, Court:TCA Arthur B. Goddard, Goddard & Gamble of Maryville For Appellee G. Kevin Hardin, Butler, Vines & Babb of Knoxville Thomas D. Dossett, Todd & Dossett of Kingsport Thomas C. Jessee, Jessee & Jessee of Johnson City For Appellants, Estate of Julia Ann Seeber by its co-personal representatives, John A. Thomas, Robert M. Johnston, Ruth Billingsley and Betty Glascock First Paragraph: This appeal involves the disposition of real property as affected by a Marital Dissolution Agreement between Robert Lynn Seeber and Julia Ann Seeber. The facts are as follows. URL:http://www.tba.org/tba_files/TCA/SEEBER.OPN.WP6 IN RE: T.H., L.H., S.H., and L.H., Children under the age of 18 Court:TCA For Respondent/Appellant: For the Petitioner/Appellee: William Timothy Hill Charles W. Burson Nashville, Tennessee Attorney General / Reporter Michelle K. Hohnke Assistant Attorney General First Paragraph: This appeal involves the termination of the parental rights of a father who physically or sexually abused his four daughters and his step-daughter. After removing the children from their home and placing them in foster care, the Department of Human Services petitioned the Davidson County Juvenile Court to terminate the fathers parental rights. The juvenile court determined that the father had committed severe child abuse and terminated his parental rights with regard to his four biological children. The father asserts on this appeal that the juvenile court should not have admitted evidence of the outcome of related criminal and civil proceedings because these dispositions were on appeal at the time of the juvenile court hearing. We find that the juvenile court properly admitted and considered these records and that the record contains clear and convincing evidence supporting the juvenile courts decision to terminate the fathers parental rights. Accordingly, we affirm the judgment. URL:http://www.tba.org/tba_files/TCA/TH.OPN.WP6 STATE OF TENNESSEE, v. LEONARD LEBRON ROSS, Court:TCCA For the Appellant: For the Appellee: Larry G. Roddy Charles W. Burson Attorney at Law Attorney General & Reporter 723 McCallie Avenue Chattanooga, TN Rebecca L. Gundt Assistant Attorney General Gary D. Gerbitz District Attorney General William H. Cox, III David W. Denny Assistant District Attorneys 600 Market Street, Suite 310 Chattanooga, TN 37402 First Paragraph: On October 5, 1993, a jury convicted appellant, Leonard Lebron Ross, of especially aggravated robbery, attempted second degree murder, and burglary. As a Range I offender, appellant was sentenced to twenty-two years for especially aggravated robbery, ten years for attempted second degree murder, and three years for burglary. The trial court ordered that the sentences be served consecutively. URL:http://www.tba.org/tba_files/TCCA/ROSS.OPN.WP6 STATE OF TENNESSEE, v. THEODORE J. WADE, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: DENISE S. TERRY CHARLES W. BURSON 918 West First North St. Attorney General & Reporter P. O. Box 724 Morristown, TN 37814 MICHAEL J. FAHEY, II Asst. Attorney General 450 James Robertson Pkwy. Nashville, TN 37243-0485 BERKELEY BELL District Attorney General JOHN F. DUGGER Asst. District Attorney General 510 Allison St. Morristown, TN 37814 First Paragraph: The defendant, Theodore J. Wade, was charged in the indictment with reckless homicide of Ashley D. Anderson. On September 30, 1994, the defendant filed an application for pretrial diversion with the attorney general's office. The attorney general denied this application by a response filed on November 14, 1994. The defendant then filed a petition for a writ of certiorari, which the trial court denied after a hearing on March 13, 1995. Pursuant to Rule 9 of the Tennessee Rules of Appellate Procedure, the defendant sought and was granted permission to appeal the trial court's dismissal of his petition. The sole issue presented in this appeal is whether the trial court erred in affirming the decision of the district attorney general to deny pretrial diversion. After our review of the record, we affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/WADETHEO.OPN.WP6
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