TBALink Opinion-Flash

July 19, 1996 -- Volume #2 -- Number #64

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
03-New Opinons From TCA
02-New Opinons From TCCA

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George Dean
TBALink Chief Editor



TERRY E. LANTZ,v. SHARON LEIGH HUGGETT LANTZ,   

Court:TCA

ANN MOSTOLLER of MOSTOLLER & STULBERG, Oak Ridge, for
Appellant

DANNY P. DYER of GENTRY, TIPTON, KIZER & LITTLE, P.C.,
Knoxville, for Appellee
                         
First Paragraph:

This is a post-divorce case.  The original defendant, Sharon
Leigh Huggett Lantz, filed a motion pursuant to Rule 60.02,
T.R.Civ.P., seeking to set aside the judgment of divorce in
this case.  She relied upon the grounds set forth at
subsection 2 of Rule 60.02--fraud..., misrepresentation, or
other misconduct of an adverse party.  The trial court
denied the motion, and Ms. Lantz appealed.

Judge: Susano, J.

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

REM ENTERPRISES, LTD., A TENNESSEE GENERAL PARTNERSHIP,
v. 
RON C. FRYE,                

Court:TCA

ANDREW R. TILLMAN and CARLYLE URELLO, PAINE, SWINEY, AND
TARWATER, Knoxville, for Plaintiff-Appellee.

JAMES W. HODGES, JR., Memphis, for Defendant-Appellant.
                        
First Paragraph:

The plaintiff has filed a petition for rehearing which
asserts that we overlooked plaintiffs response to a fax
from Fryes attorney which was mentioned in the original
opinion. REM, a partnership consisting of Dewey Randall
Waddell, Elizabeth Waddell Short, Michael Lynn Waddell, and
Waddell Enterprises, Inc., faxed Frye a specimen deed on
January 30, 1995.  A dispute then arose over REMs failure
to provide a partnership certificate of acknowledgment and a
corporate resolution from Waddell Enterprises, Inc. 
According to the affidavit of the title attorney at Charter
Savings Bank (Fryes lender), the attorney for REM was
notified of these problems.  

Judge: Franks. J.

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

THOMAS TIPTON THORNBURGH, SR. v. SUE GENEVIEVE THORNBURGH   )

Court:TCA

JOHNNY V. DUNAWAY OF LaFOLLETTE FOR APPELLANT ON APPEAL

DAIL R. CANTRELL OF CLINTON FOR APPELLEE
                        
First Paragraph:

Sue Genevieve Thornburgh appeals a divorce decree rendered
in a suit brought by her husband, Thomas Tipton Thornburgh,
Sr.  The decree granted her husband an absolute divorce,
custody of their minor child, divided their marital property
and, after a six months' hiatus, ordered her to make certain
child support payments.

Judge: Goddard, P.J. 

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

STATE OF TENNESSEE, v. WILLIAM ALLEN, A/K/A MARK ALLEN,

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

Mack Garner                 Charles W. Burson
District Public Defender    Attorney General & Reporter 
  (On Appeal)
    Hunt S. Brown   
Roland E. Cowden            Assistant Attorney General
Asst. Public Defender       Criminal Justice Division
419 High Street             450 James Robertson Parkway
Maryville, TN   37804       Nashville, TN 37243-0493
  (Plea Submission)
                            Michael L. Flynn
                            District Attorney General

                            Philip H. Morton   
                            Asst. Dist. Attorney General
                            363 Court Street              
                            Maryville, TN   37804
                        
First Paragraph:

The appellant, William Allen, pled guilty to two counts of
sale of cocaine over one-half gram, a Class B felony.  The
trial judge sentenced him as a Range I offender and imposed
concurrent nine-year sentences.  In this appeal, he argues
that the trial court erred in failing to place him in
community corrections.  We disagree.

Judge: PAUL G. SUMMERS, Judge

URL:http://www.tba.org/tba_files/TCCA/ALLENWIL.OPN.WP6
Opinion-Flash

STATE OF TENNESSEE, v. DAVID GARY MILLSAPS,

Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:  

pro se at trial                 Charles W. Burson
                                Attorney General & Reporter
                      
William C. Donaldson            Jennifer L. Smith
110 Washington Avenue, N.E.     Assistant Attorney General
Athens, TN 37303                Criminal Justice Division
(on appeal)                     450 James Robertson Parkway
                                Nashville, TN 37243-0493

                                Jerry N. Estes
                                District Attorney General

                                Steve Ward
                                Asst Dist. Attorney General
                                Tellico Street
                                Madisonville, TN. 37354
 
First Paragraph:

The defendant appeals his conviction of the offense of
disorderly conduct, presenting for review the single issue
of whether the evidence is sufficient to sustain a
conviction of that offense.

Judge: Robert E. Burch, Special Judge

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

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