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.
- 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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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 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 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 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 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 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 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 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 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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