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.
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Synthia Jo Gaines Benson, v. John Thomas Benson, IV, Court:TCA VICKY V. KLEIN 509 Lentz Drive Madison, Tennessee 37116-0608 ATTORNEY FOR RESPONDENT/APPELLANT JOHN M. L. BROWN 221 Fourth Avenue North Second Floor Nashville, Tennessee 37219 PHILIP E. SMITH 213 Third Avenue North Nashville, Tennessee 37201 ATTORNEYS FOR PETITIONER/APPELLEE First Paragraph: This is an appeal by respondent/appellant, John Thomas Benson, IV, from a decision of the trial court that awarded petitioner/appellee, Synthia Jo Gaines Benson, $4,299.83 for child support arrearages, $3,946.92 for the college expenses of the parties' son, John Thomas Benson, V, and $750.00 for attorney's fees. The pertinent facts are as follows. Judge: SAMUEL L. LEWIS, JUDGE URL:http://www.tba.org/tba_files/TCA/BENSONSJ.OPN.WP6 ROBERT COX, Adminstrator of the Estate of Linda Cox Johnson, Deceased, v. GENERAL CARE CORP. d/b/a HCA REGIONAL HOSPITAL OF JACKSON, BEVERLYANN JETTON, NURSE, SHEWANNA MACKEY, RECEPTIONIST, and JOSEPH RAGON M.D., Court:TCA For the Plaintiff/Appellant: For the Defendants/Appellees William A. Cohn Sadia S. Staton Cordova, Tennessee Jackson, Tennessee John D. Burleson Jackson, Tennessee First Paragraph: This is a wrongful death suit brought by Robert Cox (Cox), as administrator of the estate of the decedent, Linda Cox Johnson (Johnson), alleging medical malpractice against General Care Corporation, d/b/a HCA Regional Hospital of Jackson (HCA), and several of its emergency room personnel. The trial court granted summary judgment to HCA. Cox appeals the summary judgment as well as the trial courts denial of Coxs motions to strike the affidavit of HCAs expert and amend the Complaint. Cox also appeals the alleged denial of a motion to consolidate the case at bar with a related suit; however, the record is silent as to what, if any, action the trial court took regarding this motion. We affirm the trial courts denial of Coxs motion to strike the affidavit of HCAs expert and the entry of summary judgment in favor of HCA. We find no error regarding amendment of the Complaint, and the consolidation issue is pretermitted by our affirmance of the trial courts entry of summary judgment. Judge: HOLLY KIRBY LILLARD, JUDGE URL:http://www.tba.org/tba_files/TCA/COXROBRT.OPN.WP6 WOODROW DAVIS AND SAMMIE MAI DAVIS, v. PAUL W. BAKER AND PAMELA M. BAKER, Court:TCA For the Plaintiffs/Appellants: For the Defendants/Appellees John W. Palmer Nathan J. Dearing, III Dyersburg, Tennessee Dyersburg, Tennessee First Paragraph: This is a boundary line dispute involving the ownership and right of possession of a strip of land lying between the properties of Plaintiffs, Woodrow Davis and Sammie Mai Davis ("Plaintiffs" or "the Davises"), and Defendants, Paul W. Baker and Pamela M. Baker ("Defendants" or "the Bakers"). After a lengthy bench trial the Chancellor established the boundary at the fence line erected by the Defendants and entered judgment accordingly. The Davises appealed this decree. We affirm the decision of the trial court. Judge: HOLLY KIRBY LILLARD, JUDGE URL:http://www.tba.org/tba_files/TCA/DAVISWD.OPN.WP6 LOUIS DREYFUS CORPORATION, v. JOE B. HUDDLESTON, Commissioner of Revenue, State of Tennessee, Court:TCA For the Plaintiff/Appellee: For the Defendant/Appellant: Charles A. Trost Charles W. Burson L. Beth Evans Attorney General and Reporter Waller,Lansden,Dortch & Davis Nashville, Tennessee Michael E. Moore Solicitor General Michael W. Catalano Associate Solicitor General First Paragraph: This appeal involves the corporate excise tax liability of a nondomiciliary corporation that carries on part of its business in Tennessee. The Commissioner of Revenue assessed deficiencies against the corporation because it had not included in its business income the investment earnings from the bond trading activities of one of its divisions. The corporation disagreed with the assessment but paid the alleged deficiencies and filed suit in the Chancery Court for Davidson County. Following a bench trial, the trial court found that the income from the bond trading activities was business income but that the bond trading activities were not part of the corporations unitary business. Accordingly, the trial court ordered the commissioner to refund $124,475.58 in taxes and interest. The commissioner asserts on this appeal that the evidence does not support the trial courts conclusion that the earnings of the bond trading division were non-unitary with the earnings of the corporations other divisions. We affirm the judgment. Judge: WILLIAM C. KOCH, JR. URL:http://www.tba.org/tba_files/TCA/DREYFUSL.OPN.WP6 FAIRWAY VILLAGE CONDOMINIUM ASSOCIATION, INC., A Non-Profit Corporation; CARROLL B. CLARK and wife, JEAN CLARK; RONALD L. HANSEN; GENE J. THARPE and wife, BETTY H. THARPE; EDWARD J. RICE and wife, SHEILA O. RICE; KENNETH D. WINGERT and wife, MARGARET D. WINGERT; For Themselves Individually And As Representatives of a Class, v. CONNECTICUT MUTUAL LIFE INSURANCE COMPANY; BOYLE INVESTMENT COMPANY; S.B. CONDO CORP., Court:TCA David F. Leake, William King Self, BENHAM LEAKE, Memphis, Tennessee Martin B. Daniel, Memphis, Tennessee Attorneys for Plaintiffs/Appellants. Ernest G. Kelly, Jr., EVANS & PETREE, Memphis, Tennessee Attorney for Defendants/Appellees. First Paragraph: In this class action lawsuit, Plaintiffs-Appellants, Fairway Village Condominium Association, Inc., Carroll B. and Jean Clark, Gene J. and Betty Tharpe, Edward J. and Sheila O. Rice, Kenneth and Margaret D. Wingert and Ronald L. Hansen appeal the trial courts grant of summary judgment in favor of Defendants-Appellees, Connecticut Mutual Life Insurance Company (CMLI), Boyle Investment Company (BIC) and S.B. Condo Corporation (SBCC). Plaintiffs are comprised of individual condominium owners of Fairway Village Condominiums and their homeowners association. Defendants are separate corporations which, according to the allegations of Plaintiffs complaint, have participated in the construction, marketing and management of Fairway Village Condominiums. Judge: FARMER, J. URL:http://www.tba.org/tba_files/TCA/FAIRW.OPN.WP6 TEDDIE FUSTON GREENE, v. JEANETTE BAYER, Individually and JEANETTE BAYER, Trustee, Court:TCA KEITH S. SMARTT 107 College Street McMinnville, Tennessee 37110 ATTORNEY FOR PLAINTIFF/APPELLANT Thomas O. Bratcher STANLEY & BRATCHER 100 West Main Street P.O. Box 568 McMinnville, Tennessee 37110 ATTORNEY FOR DEFENDANT/APPELLEE First Paragraph: The plaintiff, Teddie Fuston Greene, has appealed from the summary dismissal of her suit against the defendant, Jeanette Bayer, individually and as trustee, seeking partition of their respective interests in certain ancestral realty. Judge: HENRY F. TODD PRESIDING JUDGE, MIDDLE SECTION URL:http://www.tba.org/tba_files/TCA/GREENET.OPN.WP6 H. PATRICK HEFFERNAN, v. HEFFERNAN, BALLINGER, POUNDS, AND YARBROUGH, INC. and LYNN H. BALLINGER, CHARLES O. POUNDS and ROBERT A. YARBROUGH, Court:TCA Carl H. Langschmidt, Jr., ARMSTRONG ALLEN PREWITT GENTRY JOHNSTON & HOLMES, Memphis, Tennessee Attorneys for Defendant/Appellant Heffernan, Ballinger, Pounds, and Yarbrough, Inc. Joseph W. Barnwell, Jr., EVANS & PETREE, Memphis, Tennessee Attorney for Plaintiff/Appellee. First Paragraph: This litigation was initiated by Appellee, H. Patrick Heffernan, against Ballinger, Pounds and Yarbrough, Inc., formerly Heffernan, Ballinger, Pounds and Yarbrough, Inc., and Glen H. Ballinger, Charles O. Pounds and Robert A. Yarbrough, to recover the earned commissions and share of corporate profits allegedly due him. The trial court referred the matter to the clerk and master who, after a hearing, determined that Heffernan was entitled to compensation in the amount of $44,242.92. The masters report was affirmed by the chancellor who entered judgment for Heffernan accordingly. The Corporation has appealed, presenting the following issues for our review: 1. Whether the Chancellor and the Clerk and Master erred in concluding that Heffernan did not owe Heffernan, Ballinger, Pounds and Yarbrough, Inc. $15,620.01 for commissions he placed in his own agency for his personal benefit while he was still an employee of Heffernan, Ballinger, Pounds and Yarbrough, Inc. 2. Whether the Chancellor and Clerk and Master erred in holding that the corporation should have given Heffernan a partial distribution of profit of $22,680. 3. Whether the Chancellor and the Clerk and Master erred in concluding that the plaintiff was entitled to receive commissions which the corporation owed him for the fiscal year ending May 31, 1987. 4. Whether the Chancellor and Clerk and Master erred in concluding that Heffernan did not have to repay his loan of $15,000 to the corporation. Judge: FARMER, J. URL:http://www.tba.org/tba_files/TCA/HEFFERN.OPN.WP6
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