TBALink Opinion-Flash

July 17, 1996 -- Volume #2 -- Number #63

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:
00-New Opinons From TSC
00-New Opinons From TSC-Rules
00-New Opinons From TSC-Workers Comp Panel
02-New Opinons From TCA
01-New Opinons From TCCA

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George Dean
TBALink Chief Editor


GARY E. KOONTZ and VOLUNTEER REALTY, INC.,              
v.
CLARENCE E. BAYLESS and MAVA L. HILL,                   

Court:TCA

ROBERT H. WATSON, JR., and ARTHUR F. KNIGHT, III, WATSON,
HOLLOW & REEVES, P.L.C., Knoxville, for
Plaintiffs-Appellees.

RON CUNNINGHAM, FINKELSTEIN, KERN, STEINBERG & CUNNINGHAM,
Knoxville, for Defendants-Appellants.
                       
First Paragraph:

In this action a jury returned a verdict in favor of
plaintiff real estate agent for a commission against
defendant owners on the ground that plaintiff was a third
party beneficiary to a real estate listing agreement entered
between the owners and Tallent Realty Company.  The owners
have appealed.

Judge: Franks. J.

URL:http://www.tba.org/tba_files/TCA/KOONTZ.OPN.WP6
Opinion-Flash

IN RE:  ESTATE OF GUY OAKLEY,Deceased               
ESTATE OF DUDLEY OAKLEY,        
v.
REBECCA STEWART AS EXECUTRIX AND TRUSTEE OF GUY OAKLEY
ESTATE, AND INDIVIDUALLY, ET AL.,

Court:TCA

M. LINDA HUGHES
222 Second Avenue,North
Suite 360, Mezzanine
Nashville, Tennessee  37201
Attorney for Petitioner/Appellant

JIMMY P. LOCKERT
105 Sycamore Street
Ashland City, Tennessee  37015
Attorney for Respondent/Appellee
                       
First Paragraph:

The Supreme Court remanded this case to this court to
consider whether the trial judge was correct in directing a
verdict for the proponents of the will of Guy Oakley.  The
Supreme Courts order assumed that the deposition of Dr.
Lawrence Grossman was read into evidence at the trial.

Judge: BEN H. CANTRELL, JUDGE

URL:http://www.tba.org/tba_files/TCA/OAKLEYG.OPN.WP6
Opinion-Flash

STATE OF TENNESSEE, v. SHAWN E. DODD,

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

Mack Garner                 Charles W. Burson
District Public Defender    Attorney General & Reporter 
419 High Street
Maryville, TN 37804         Clinton J. Morgan
                            Counsel for the State
                            450 James Robertson Parkway
                            Nashville, TN 37243-0493

                            Michael L. Flynn
                            District Attorney General

                            Edward P. Bailey, Jr.
                            Asst. Dist. Attorney General
                            323 Court Street
                            Maryville, TN 37804
                       
First Paragraph:

The appellant, Shawn E. Dodd, pled guilty to driving under
the influence, leaving the scene of an accident, failure to
yield to an emergency vehicle, flight to avoid arrest, and
reckless driving..  He received an effective sentence of 24
months with all but the first six months suspended.  On
appeal, he argues that the trial court erred in denying his
request for full probation.

Judge: PAUL G. SUMMERS, Judge

URL:http://www.tba.org/tba_files/TCCA/DODDSHWN.OPN.WP6

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