TBALink Opinion-Flash

August 15, 1996 -- Volume #2 -- Number #75

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
04-New Opinons From TSC-Workers Comp Panel
07-New Opinons From TCA
00-New Opinons From TCCA

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George Dean
TBALink Chief Editor


ANTHONY RAY MORRIS,     
v.
KEEBLER COMPANY, INC. and TRANSPORTATION INSURANCE COMPANY OF
ILLINOIS,
w/JUDGMENT ORDER

Court:TSC - Workers Comp Panel

For the Appellant:              For the Appellees: 

Joseph K. Willcox               Carol Mills Hayden
6263 Poplar Ave., Ste. 601      80 Monroe Ave., Ste. 550
Memphis, TN 38103               Memphis, TN 38173-0160
                      
Judge: BYERS, Senior Judge 

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann.  50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law. The trial
court held that plaintiff failed to provide timely notice as required
by Tenn. Code Ann.  50-6-201 and that he failed to meet his burden of
proving that his injury arose in the course and scope of his
employment.  The plaintiff appeals these findings.

URL:http://www.tba.org/tba_files/TSC_WCP/MORRISAR.OPN.WP6
URL:http://www.tba.org/tba_files/TSC_WCP/MORRISAR.JDG.WP6
Opinion-Flash

JEFFREY WOLFE,  v. LIBERTY MUTUAL INSURANCE COMPANY,                    
w/JUDGMENT ORDER

Court:TSC - Workers Comp Panel

FOR APPELLANT:          FOR APPELLEE:

Saul Kay                Richard D. Click
2612 Poplar Avenue      1010 Cotton Exchange Building
Memphis, TN 38112       65 Union Avenue
                        Memphis, TN 38103
                       
Judge: LYLE REID, JUSTICE

First Paragraph:

This workers compensation appeal has been referred to the Special
Workers Compensation Appeals Panel in accordance with Tenn. Code Ann.
50-6-225(e)(3) for hearing and reporting to the Supreme Court of
findings of fact and conclusions of law.  The only issue in this
appeal is whether the evidence preponderates against  the trial
judges finding that plaintiff suffered no permanent anatomical
disability as a result of his work-related injury.  We find that it
does not and affirm the judgment of the trial court.

URL:http://www.tba.org/tba_files/TSC_WCP/WOLFE.OPN.WP6
URL:http://www.tba.org/tba_files/TSC_WCP/WOLFEJ.JDG.WP6
Opinion-Flash

OSWALDO ANTONIO CORTEZ and DIANA CORTEZ, individually and as natural
parents and by next friend of MELISA CORTEZ, CORINA CORTEZ, and LUIS
CORTEZ, Minors,
v.
ALUTECH, INC., ACPC, INC., and ALFREDO RIVIERE in both his corporate
and individual capacity.

Court:TCA

G. Philip Anderson,
ANDERSON & RANKIN, Brentwood, Tennessee
Attorney for Defendants/Appellants.

Larry D. Ashworth, Nashville, Tennessee
Peter D. Heil, Nashville, Tennessee
Attorneys for Plaintiffs/Appellees.
                         
Judge: FARMER, J.

First Paragraph:

This litigation results from the alleged breach of an employment
contract by Appellants, ACPC, Inc. (ACPC) and Alfredo Riviere
(Riviere).  In the spring of 1990, Appellee, Oswaldo Antonio Cortez, a
native Venezuelan, relocated his wife and three children to Brentwood,
Tennessee to accept an offer of employment with ACPC.  The offer was
extended in writing on March 1, 1990 to include compensation of
$5,000 (U.S. Dollars) per month, relocation costs (reasonable) and
temporary living allowance (reasonable time).  During this time
period, ACPC also assisted Cortez in obtaining an H-1 non-immigrant
(temporary worker) visa from the Immigration and Naturalization
Service (INS).  Cortez began his employment in the position of Manager
of Business Planning on May 1, 1990.  His employment was terminated on
July 31, 1991.

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

EDWARD F. HENRY v. STATE OF TENNESSEE,  

Court:TCA

Edward F. Henry #124594
South Central Correctional Center
P.O. Box 279, X-F124
Clifton, Tennessee 38425-0279
PRO SE/ PLAINTIFF/APPELLANT

CHARLES W. BURSON
Attorney General and Reporter

PATRICIA KUSSMANN, B.P.R. #15506
Assistant Attorney General
Civil Rights and Claims Division
404 James Robertson Parkway
Suite 2000
Nashville, Tennessee 37243
(615) 741-2163
ATTORNEY FOR DEFENDANTS/APPELLEES
                        
Judge: HENRY F. TODD

First Paragraph:

The Plaintiff, Edward F. Henry, has appealed from a judgment of the
Trial Court dismissing his Petition for Declaratory Order Pursuant to
Administrative Procedures Act and Declaratory Judgment Act for
failure to state a claim for which relief can be granted.

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

RONALD LEE LYONS    
v.
DONAL CAMPBELL, COMMISSIONER, TENNESSEE DEPARTMENT OF CORRECTION, et
al.,

Court:TCA

Ronald Lee Lyons #72450
South Central Correctional Center
P.O. Box 279, CB-213
Clifton, Tennessee 38425-0279
PRO SE/PLAINTIFF APPELLANT

CHARLES W. BURSON
Attorney General and Reporter

PATRICIA KUSSMANN, B.P.R. #15506
Assistant Attorney General
Civil Rights and Claims Division
404 James Robertson Parkway
Suite 2000
Nashville, Tennessee 37243
(615) 741-2163
ATTORNEY FOR DEFENDANTS/APPELLEES
                        
Judge: HENRY F. TODD

First Paragraph:

The Plaintiff, Ronald Lee Lyons, has appealed from a judgment
dismissing his petition for a declaratory judgment regarding the
compution of the time of his incarceration in the custody of Tennessee
Department of Correction.

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

DEBORAH PARRIS, v. DR. PHILLIP LAND,

Court:TCA

Alan Bryant Chambers,
Timothy R. Holton,
CHAMBERS, CROW, DURHAM & HOLTON, Memphis, Tennessee
Attorneys for Plaintiff/Appellant.

J. Cecil McWhirter,
Sally F. Barron,
McWHIRTER & WYATT, Memphis, Tennessee
Attorneys for Defendant/Appellee.
                          
Judge: FARMER, J.

First Paragraph:

This is a dental malpractice case wherein Appellant, Deborah Parris,
appeals from the summary judgment entered by the trial court in favor
of the appellee, Dr. Phillip Land.  For reasons hereinafter expressed,
we agree that Appellants action is time barred under T.C.A.  29
26-116 and, therefore, affirm.

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

LARRY D. RUSSELL,v. JUDGE HORACE PIEROTTI, et al.,

Court:TCA

LARRY D. RUSSELL, #104038
Cold Creek Correctional Facility
P. O. Box 1000
Henning, Tennessee 38041-1000
Pro Se/Petitioner/Appellant

CHARLES W. BURSON
Attorney General and Reporter

PATRICIA C. KUSSMANN
Assistant Attorney General
404 James Robertson Parkway
Nashville, Tennessee 37243
Attorney for Respondent/Appellee
                          
Judge: BEN H. CANTRELL, JUDGE

First Paragraph:

Parolee Larry Darnell Russell was arrested for selling crack cocaine
in DeSoto County, Mississippi.  The Tennessee Board of Paroles
subsequently revoked his parole, and he was returned to prison.  Mr.
Russell filed two petitions for Writ of Certiorari with the Chancery
Court of Davidson County, challenging the action of the Board on
various grounds.  The chancery court dismissed the petitions.  Mr.
Russells appeal is before this court solely on the question of
whether the decision of the Board of Paroles was based upon improper
evidence.  

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

JERRY SAMS, v. CHARLES TRAUGHBER, et al.,   

Court:TCA

JERRY SAMS
7466 Centennial Boulevard
Nashville, Tennessee 37209-1052
Pro Se/Petitioner/Appellant

CHARLES W. BURSON
Attorney General and Reporter

PATRICIA C. KUSSMANN
Assistant Attorney General
404 James Robertson Parkway
Nashville, Tennessee 37243                        

Judge: BEN H. CANTRELL, JUDGE

First Paragraph:

The Board of Paroles declined to grant parole to the appellant, Jerry
Sams.  He subsequently filed a Petition for a Writ of Certiorari in
the Chancery Court of Davidson County, claiming that the Boards
concurrent decision to defer any future parole hearing for two and a
half years was a violation of the constitutional prohibition against
ex post facto laws.  The Chancery Court dismissed the Petition for
lack of jurisdiction, and for failure to state a claim upon which
relief can be granted.  We affirm.

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

MICHELLE YOUNG (SMITH), v. RODNEY SMITH,

Court:TCA

Law Office of Don Owens, P.A., Stuart Brian Breakstone 
of Memphis, For Plaintiff-Appellant

Caren B. Dantzker, Evans & Petree of Memphis
For Defendant-Appellee
                       
Judge: W. FRANK CRAWFORD,

First Paragraph:

This case involves an interstate custody dispute.  Plaintiff
Appellant, Michelle Young Smith (Appellant), appeals the decision of
the Shelby County Chancery Court dismissing her petition for lack of
subject matter jurisdiction and lack of personal jurisdiction over
Rodney Smith, Defendant-Appellee (Appellee).

URL:http://www.tba.org/tba_files/TCA/SMITHM.OPN.WP6

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