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.
There are three ways to get the full opinion from the Web: (TBALink members only)
TBALink Co-Chief Editor
SHIRLEY IRENE BRAY COX, v. TOM ED COX, JR., Court:TCA HAROLD D. BALCOM, JR., Kingston, for Appellant. J. POLK COOLEY, COOLEY, COOLEY & AGEE, Rockwood, for Appellee. First Paragraph: In this divorce action, the wife appeals the findings by the Trial Court relative to the property distribution, and the husband argues the Court erred in admitting an exhibit. URL:http://www.tba.org/tba_files/TCA/COXSIB.OPN.WP6 WILLIAM R. DAUGHERTY and wife v. SANDOR L. BRAUN and DON ANDERSON, Individually, and SANDOR L. BRAUN and DON ANDERSON as Co-Partners associated and in business as BRAUN-ANDERSON PARTNERSHIP and BRAUN CONSTRUCTION CORPORATION, Court:TCA C. MARK TROUTMAN, McCord & Troutman, Knoxville, for Appellants. BEECHER A. BARTLETT, JR., and ADRIENNE L. ANDERSON, Kramer, Rayson, Leake, Rodgers & Morgan, Knoxville, for appellees. First Paragraph: This case originated as an action seeking damages for breach of a construction contract. After a lengthy bench trial, the court found in favor of the plaintiffs against the defendant, Braun Construction Company only and dismissed the action as to the remaining defendants. He likewise dismissed a counterclaim filed by Braun Construction Company. Judgment was duly entered in favor of the plaintiffs in the amount of eighteen thousand, three hundred eighteen dollars and three cents ($18,318.03). URL:http://www.tba.org/tba_files/TCA/DAUGHERT.OPN.WP6 LILLIAN H. EDWARDS, v. JASON ALAN MILLER, Court:TCA JAMES S. THOMPSON, Logan, Thompson, Miller, Bilbo, Thompson & Fisher, P.C., Cleveland, for the Appellant. PAUL H. DIETRICH, Dietrich, Dietrich & Powers, Cleveland, for the Appellee. First Paragraph: This case arose out of an automobile accident. The plaintiff, a pedestrian, was struck by a car being driven by the defendant. At the close of the plaintiff's proof, the court directed a verdict in favor of the defendant thereby giving rise to this appeal. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCA/EDWARDSL.OPN.WP6 CATHY ANN GRACEY, v. JOSEPH DOUGLAS GRACEY, JR., Court:TCA DAVID M. SIBLEY, Chattanooga, for Appellant ALBERT L. WATSON, III, Chattanooga, for Appellee First Paragraph: This is a post-divorce case. It revolves around the efforts of the appellant, Joseph Douglas Gracey, Jr. (Father), to move with his two minor children from the Hamilton County area to California. The trial court entered an order on July 5, 1995, changing the custody of the parties minor child, Anna Rebekah Lee Gracey (Anna), from Father to the childs mother, the appellee Cathy Ann Gracey (Mother). The order provided that the custody of the other minor child, Joshua Joel Gracey (Joshua), would remain with Father. The order, by implication, allowed Father to move to California with Joshua. URL:http://www.tba.org/tba_files/TCA/GRACEYCA.OPN.WP6 AMANDA HOFFMAN b/n/f, KAREN BUCHANAN, Plaintiff/Appellant. BLUE CROSS/BLUE SHIELD OF TENNESSEE, Intervening Plaintiff, v. JOSEPH E. WILKINS, Court:TCA Lucien Dale, Nashville, Tennessee Thurman T. McLean, DALE, ROSENBERG & McLEAN, Nashville, Tennessee Attorneys for Plaintiff/Appellant. David J. White, WHITE & REASOR, Nashville, Tennessee Attorney for Defendant/Appellee. First Paragraph: This is an appeal by Appellant, Amanda Hoffman, b/n/f Karen Buchanan, from the trial courts grant of summary judgment in favor of the appellee, Joseph E. Wilkins. URL:http://www.tba.org/tba_files/TCA/HOFFMANA.OPN.WP6 JOHN JACO, v. DEPARTMENT OF HEALTH, BUREAU OF MEDICAID, Court:TCA THOMAS F. BLOOM, Nashville, Attorney for Petitioner/Appellant CHARLES W. BURSON, Attorney General & Reporter, and MICHELLE K. HOHNKE, Assistant Attorney General, Nashville Attorneys for Respondent/Appellee First Paragraph: This appeal involves the judicial review of an administrative decision regarding the denial of petitioners application for benefits for care at a nursing home facility. The chancellor granted the motion to dismiss of the Department of Health, Bureau of Medicaid (respondent or State) on the ground that the trial court did not have subject matter jurisdiction due to the failure of petitioner to cause a summons to be properly issued and served on the Department within the sixty (60) day time limit specified in T.C.A. 4-5-322(b)(1) (1991). URL:http://www.tba.org/tba_files/TCA/JACOJOHN.OPN.WP6 LUTHER, ANDERSON, CLEARY & RUTH, P.C., GARY CARNES, Individually and as next friend of MICHAEL CARNES, a minor, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, and LEROY BRATTON and PATRICIA BRATTON, Court:TCA DAVID L. FRANKLIN of LUTHER, ANDERSON & CLEARY, P.C., Chattanooga, for Appellants. JOSEPH R. WHITE of SPEARS, MOORE, REBMAN & WILLIAMS, Chattanooga, for Appellee. First Paragraph: In this appeal, we are asked to decide whether an insurer is entitled to collect its claimed subrogation interest, and, if so, whether the insurer must pay the insureds attorney a fee for collecting that interest from third party tortfeasors. We affirm the trial courts ruling that the insurer is entitled to reimbursement of its subrogation interest, free of the attorneys fee. URL:http://www.tba.org/tba_files/TCA/LUTHERAN.OPN.WP6 THOMAS H. MEEKS, d/b/a T.R. AGRI-SYSTEMS v. FRANK WHEATLEY Court:TCA RANDY SELLERS OF CLEVELAND FOR APPELLANT ROGER E. JENNE OF CLEVELAND FOR APPELLEE First Paragraph: This is a suit by Thomas H. Meeks, d/b/a T.R. Agri Systems, against Frank Wheatley to recover the amount owed on a contract he alleges he had with Mr. Wheatley to remove and re install interior equipment necessary for Mr. Wheatley's poultry production enterprise. URL:http://www.tba.org/tba_files/TCA/MEEKSTH.OPN.WP6 STATE OF TENNESSEE, DEPARTMENT OF HUMAN SERVICES, v. BONNIE SUE NORTON and RICK NORTON, IN THE MATTER OF: CODY JAY NORTON DALLAS RAY NORTON (Children under the age of 18 years) Court:TCA CHARLES W. BURSON, Attorney General & Reporter and MICHELLE K. HOHNKE, Assistant Attorney General, Nashville, for Petitioner-Appellee. DAVID L. LEONARD, LEONARD & KERSHAW, Greeneville, for Defendants-Appellants. First Paragraph: In this action the Trial Court terminated the parental rights of appellants to the children ages six and seven at the time of trial. URL:http://www.tba.org/tba_files/TCA/NORTONBS.OPN.WP6 MELVIN SHEETS, v. BOBBY JOE KYLE and DENNIS KYLE, Court:TCA J. REED DIXON of DIXON & STUTTS, Sweetwater, for Appellants. J. POLK COOLEY of COOLEY, COOLEY & AGEE, Rockwood, for Appellee. First Paragraph: Melvin Sheets sued Bobby Joe Kyle (Bobby Kyle) for breach of contract. He sought damages and other relief. He later amended his complaint to add Bobby Kyles son, Dennis Kyle, as an additional party defendant. Sheets alleged that he had purchased standing oak timber from the Kyles, for which he paid $14,500. He charged that after he started to harvest the timber, Bobby Kyle refused to let him continue. After a bench trial, the Chancellor entered judgment for Sheets and awarded him $20,000 in damages. The trial court held the Kyles jointly and severally liable. URL:http://www.tba.org/tba_files/TCA/SHEETSM.OPN.WP6 THERESA STANBURY and spouse, JOHN H. STANBURY, v. BRIAN E. BACARDI and HOSPITAL CORPORATION OF AMERICA, d/b/a CENTENNIAL MEDICAL CENTER, and CONCURRING IN PART & DISSENTING IN PART Court:TCA Helen S. Rogers JONES, ROGERS & FITZPATRICK Nashville, Tennessee ATTORNEY FOR PLAINTIFFS/APPELLEES Lela M. Hollabaugh MANIER, HEROD, HOLLABAUGH & SMITH Nashville, Tennessee ATTORNEY FOR DEFENDANTS/APPELLANTS First Paragraph: The defendant, Brian E. Bacardi, has appealed from a jury verdict and judgment awarding plaintiff, Theresa Stanbury, $211,000 and her husband, John H. Stanbury, $10,000, as damages for alleged malpractice in surgery and treatment of Mrs. Stanbury. The other captioned defendant, Hospital Corporation of America, was dismissed by nonsuit and is not involved in this appeal. URL:http://www.tba.org/tba_files/TCA/STANBURY.OPN.WP6 URL:http://www.tba.org/tba_files/TCA/STANBURY.CON.WP6 WEST POINTE PROPERTIES v. BILLY EUGENE FRYE and WADE M. BOSWELL, Trustee Court:TCA JAMES W. HODGES, JR., OF MEMPHIS FOR APPELLANT WADE M. BOSWELL OF KNOXVILLE FOR APPELLEES First Paragraph: West Pointe Properties, a partnership composed of two separate corporations, in which Ronnie C. Frye was a principal, sued Billy Eugene Frye and Wade M. Boswell, Trustee, seeking a determination that the lien created by a certain deed of trust on property which West Pointe now owns had expired and that the lien created thereby was unenforceable. The complaint also sought a temporary restraining order prohibiting the Defendants from proceeding with a foreclosure sale. URL:http://www.tba.org/tba_files/TCA/WESTPNT.OPN.WP6 JOANNE WHITE & DAVID WHITE, v. TENNESSEE FARMERS MUTUAL INSURANCE COMPANY, Court:TCA ANDREW HUME OWENS Memphis, Tennessee Attorney for Appellant JERE FONES THORP AND FONES Memphis, Tennessee Attorney for Appellees First Paragraph: The primary issue in this case is whether the insured complied with certain notice provisions of an automobile liability insurance policy issued by defendant. The trial court held that there was sufficient compliance with the policy and entered judgment against the defendant insurance company. For the reasons stated below, we affirm. URL:http://www.tba.org/tba_files/TCA/WHITEJOA.OPN.WP6 STATE OF TENNESSEE,v. DAVID M. ALLEN, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Brenda S. Bramlett Charles W. Burson Attorney at Law Attorney General & Reporter 724 North Main Street P.O. Box 967 Michelle L. Lehmann Shelbyville, TN 37160 Counsel for the State William Michael McCown District Attorney General Gary M. Jones Asst. Dist. Attorney First Paragraph: The appellant, David M. Allen, pled guilty to incest. The trial judge sentenced him to five years confinement and denied his request for alternative sentencing. Appellant appeals, arguing that the trial court erred in denying him alternative sentencing. We affirm the trial judge. URL:http://www.tba.org/tba_files/TCCA/ALLENDAV.OPN.WP6 MICHAEL A. FOURNIER,v. STATE OF TENNESSEE, and DISSENTING OPINION Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Andrew Jackson Dearing, III Charles W. Burson 117 S. Main Street, Suite 101 Attorney General & Reporter Shelbyville, TN 37160 William David Bridgers Assistant Attorney General William Michael McCown District Attorney General Weakley E. Barnard Asst. Dist. Attorney General First Paragraph: The petitioner, Michael A. Fournier, was tried in the general sessions court for Marshall County on a warrant charging him with driving under the influence (fifth offense). Following the proof, the judge took the case under advisement. Two weeks later, the judge announced that he had found the petitioner guilty of DUI. Petitioner's counsel was shocked because he had had ex parte communications with the judge and thought the judge was going to find the petitioner not guilty. URL:http://www.tba.org/tba_files/TCCA/FOURNIER.OPN.WP6 URL:http://www.tba.org/tba_files/TCCA/FOURNIER.DIS.WP6 ANTHONY I. HAYES, v. STATE OF TENNESSEE, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: ANTHONY HAYES, Pro-Se CHARLES W. BURSON NECC Box 5000 Attorney General and Reporter Mountain City, TN EUGENE J. HONEA Assistant Attorney General JERRY N. ESTES District Attorney General STEVE WARD Assistant District Attorney General First Paragraph: This is an appeal as of right from an order of the trial court dismissing a petition for post-conviction relief without an evidentiary hearing. The trial court ruled that all of the issues raised in the petition had either been previously determined or had been waived, and furthermore that consideration of the petition was barred by the statute of limitations. We affirm the order of the trial court. URL:http://www.tba.org/tba_files/TCCA/HAYESAI.OPN.WP6 STATE OF TENNESSEE, v. JANET LUTRY, Court:TCCA For the Appellant: For the Appellee: Lu Ann Ballew Charles W. Burson Asst. Public Defender Attorney General and Reporter P. O. Box 416 Dandridge, TN 37725 Christina S. Shevalier Assistant Attorney General Alfred C. Schmutzer, Jr. District Attorney General James Gass Asst. District Attorney General First Paragraph: The appellant, Janet Lutry, pursuant to Rule 9, Tenn. R. App. P., appeals from the judgment of the Criminal Court of Jefferson County, affirming the district attorney general's denial of pre-trial diversion. The appellant seeks to divert the offense of forgery, a class E felony. The sole issue in this appeal is whether the trial court erred in finding that the district attorney general did not abuse his discretion in denying her application for pre-trial diversion. URL:http://www.tba.org/tba_files/TCCA/LUTRY.OPN.WP6 STATE OF TENNESSEE, v. RONALD LEBRON MADDEN, Court:TCCA For the Appellant: For the Appellee: Charles G. Wright Charles W. Burson 253 East 11th Street Attorney General of Tennessee Chattanooga, TN and Hunt S. Brown Asst Attorney General of TN William H. Cox, III District Attorney General and H.C. Bright, Jr. Assistant District AG First Paragraph: The defendant, Ronald Lebron Madden, was convicted in two separate jury trials in the Criminal Court of Hamilton County for conspiracy to sell cocaine, attempt to sell or deliver cocaine, felonious possession of counterfeit controlled substances, evading arrest, and robbery. For the conspiracy to sell cocaine and the attempt to sell or deliver cocaine, Class C offenses, the defendant received respective sentences of ten years as a Range III, persistent offender. URL:http://www.tba.org/tba_files/TCCA/MADDEN.OPN.WP6 STATE OF TENNESSEE, v. TERRY TAYLOR, Court:TCCA For the Appellant: For the Appellee: Peter M. Olson Charles W. Burson 114 Franklin Street Attorney General of Tennessee Clarksville, TN 37040 and Sharon S. Selby Asst Attorney General of TN Dan Mitchum Alsobrooks District Attorney General and Wally Kirby Asst District Attorney General First Paragraph: The defendant, Terry Taylor, appeals from his conviction in the Cheatham County Circuit Court, following a bench trial, for statutory rape, a Class E felony. He received a sentence of one year as a Range I, standard offender to be served in the Cheatham County Workhouse. In this appeal as of right he presents the following issues: URL:http://www.tba.org/tba_files/TCCA/TAYLORTR.OPN.WP6 BRYAN SCOTT VEAL, v. STATE OF TENNESSEE, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: MARK E. STEPHENS CHARLES W. BURSON District Public Defender Attorney General and Reporter Sixth Judicial District EUGENE J. HONEA PAULA R. VOSS Asst District Attorney General Assistant Public Defender RANDALL E. NICHOLS District Attorney General STEVE GARRETT Asst District Attorney General First Paragraph: This is an appeal as of right from an order of the trial court dismissing a petition for post-conviction relief without an evidentiary hearing. The trial court ruled that consideration of the petition was barred by the statute of limitations. We affirm the order of the trial court. URL:http://www.tba.org/tba_files/TCCA/THOMASRY.OPN.WP6 STATE OF TENNESSEE, v. RAYMOND THOMAS, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: MICHAEL R. JONES CHARLES W. BURSON Public Defender Attorney General and Reporter FRED W. LOVE GEORGE LINEBAUGH Assistant Public Defender Assistant District Attorney JOHN CARNEY District Attorney General DENT MORRISS Assistant District Attorney General First Paragraph: The Defendant 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 failed to exercise conscientious judgment and abused his discretion. We disagree and affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/VEAL.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
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