TBALink Opinion-Flash

May 9, 1996 -- Volume #2 -- Number #44 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.

This Issue IN THIS ORDER:
3 New Opinons From TSC
- New Opinons From TSC-Rules
- New Opinons From TSC-Workers Comp Panel
- New Opinons From TCA
- New Opinons From TCCA

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Jim Moore
TBALink Co-Chief Editor
Opinion-Flash


ELEANOR CREEKMORE DICKINSON, AND LOUISE CREEKMORE SENATORE,
v. 
WILLIAM HORTON BAIN AND WIFE, DORIS M. BAIN,
v.
VALLEY VIEW LODGE, INC.,        
v.
WILLIAM W. BURCHFIEL,       
    
Court:TSC

For Defendants-Counter Plaintiffs   
and Third-Party Plaintiffs/         
Appellants:
Philip Nemeth                   
Gatlinburg                  
                            
For Third-Party Defendants/Third-
Party Plaintiff-Appellee: 
Lanning P. Wynn 
Ogle, Wynn & Rader 
Sevierville
                     
First Paragraph:

This appeal presents for review the judgment of the Court of
Appeals determining the measure of damages due the grantee
under a covenant of general warranty, in an action against
the grantor for breach of warranty of title to real
property.  The judgment of the Court of Appeals determining
the measure of damages is reversed.

Judge: Reid, J.

URL:http://www.tba.org/tba_files/TSC/DICKIN.OPN.WP6
Opinion-Flash

STATE OF TENNESSEE, 
v.
MICHAEL R. KISSINGER, and STATE OF TENNESSEE,
v.
GUY PHELAN ROBERSON,        

Court:TSC


                        
First Paragraph:

For Appellant Kissinger:    For Appellee:

Marti L. Kaufman            Charles W. Burson
Memphis, TN                 Attorney General and Reporter

                            Amy L. Tarkington
                            Assistant Attorney General 

                            John W. Pierotti
                            District Attorney General

                            Chris Craft
                            Asst District Attorney General
                            Memphis, TN
                            
For Appellant Roberson:     For Appellee:

Richard W. DeBerry          Charles W. Burson
Asst District PD            Attorney General & Reporter
Camden, TN 
                            Amy L. Tarkington

                            G. Robert Radford
                            District Attorney General

                            John W. Overton, Jr.
                            Asst District Attorney General
                            
First Paragraph:

Michael R. Kissinger and Guy Phelan Roberson were each
convicted of one count of aggravated sexual battery. 
Kissinger was also convicted of one count of aggravated
rape.  The victims of each of these crimes were children of
less than thirteen years.  In each case, the trial courts
enhanced defendants sentences beyond the minimum in the
range based on a number of factors found in Tennessee Code
Annotated Section 40-35-114.  The Court of Criminal Appeals
affirmed the convictions of both defendants.  However, in
the Kissinger case, a panel of the intermediate court held
that enhancement factor (7), "the offense was committed to
gratify the defendant's desire for pleasure or excitement,"
was an element of aggravated sexual battery and therefore,
could not be used to enhance convictions for that offense. 
In Roberson, a different panel came to a contrary
conclusion.

Judge: Penny J. White, Justice

URL:http://www.tba.org/tba_files/TSC/KISSINGE.OPN.WP6
Opinion-Flash

DR. POWELL D. McCLELLAN
v.
THE BOARD OF REGENTS OF THE STATE UNIVERSITY and COMMUNITY
COLLEGE SYSTEM OF TENNESSEE AND MIDDLE TENNESSEE STATE
UNIVERSITY,

Court:TSC


                        
First Paragraph:

For Appellant:              For Appellee:

Charles Hampton White       Charles W. Burson
CORNELIUS & COLLINS         Attorney General and Reporter
Nashville, TN   
                            James C. Floyd
                            Assistant Attorney General
                            Nashville, TN  

First Paragraph:

This case poses substantive and procedural questions
pertaining to an appeal under the Uniform Administrative
Procedures Act.  The first issue is whether substantial and
material evidence supports the finding of a violation of the
sexual harassment policy of the Tennessee State Board of
Regents and of Middle Tennessee State University.  The
second issue is whether the procedures followed in
conducting the administrative hearing were appropriate.  For
the reasons set forth, we affirm the part of the decision of
the Court of Appeals which upheld the finding of sexual
harassment.  We reverse the part of that court's decision
which vacated one finding and the sanction order.  We remand
the case for the imposition of the sanctions set forth in
the final order of the administrative tribunal.

Judge: Penny J. White, Justice

URL:http://www.tba.org/tba_files/TSC/MCCLELLA.OPN.WP6
Opinion-Flash

JOE C. MEIGHAN, JR., for himself, and others similarly
situated,
v.
U.S. SPRINT COMMUNICATIONS COMPANY,

Court:TSC

For Appellant:                  For Appellee:
Donald K. Vowell                John B. Rayson
Knoxville, TN                   John C. Burgin, Jr.
                                Adrienne L. Anderson
A. James Andrews                Knoxville, TN
Knoxville, TN           
    
Thomas A. Snapp
Knoxville, TN

For Amicus Curiae:
J. Anthony Farmer
Knoxville, TN  
                        
First Paragraph:

In this case we are called upon to examine the application
of Rule 23, Tennessee Rules of Civil Procedure to actions
involving injuries to real property and to determine the
available causes of action and appropriate measure of
damages in such actions.

Judge: Penny J. White, Justice

URL:http://www.tba.org/tba_files/TSC/MEIGHAN.OPN.WP6
Opinion-Flash

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