TBALink Opinion-Flash

September 11, 1996 -- Volume #2 -- Number #80

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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00-New Opinons From TSC-Rules
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02-New Opinons From TCCA

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TBALink Chief Editor


CHARLES M. CARY, JR.,v. CATHY ANN CARY,     

Court:TSC

Attorneys: N/A                     

Judge: PER CURIAM

First Paragraph:

ORDER
Upon consideration of the appellants motion to amend the judgment to
delete the award of attorney fees, the Court concludes that the motion
is without merit and should be denied.  It is so ORDERED.

URL:http://www.tba.org/tba_files/TSC/CARYCHAS.ORD.WP6
Opinion-Flash


FRANK L. WHITE, v. HUBERT A. McBRIDE, EXECUTOR

Court:TSC

For Plaintiff-Appellant:    For Defendant-Appellee:

Frank J. Glankler, Jr.      James T. Bland, Jr.
Robert L. Hutton            Memphis, TN
Glankler Brown
Memphis, TN
                          
Judge: DROWOTA, J.

First Paragraph:

This case presents the question of whether the plaintiff, attorney
Frank White, may recover attorneys fees from the estate of Kasper
McGrory.  This broad question may, in turn, be divided into two
specific subissues: (1) whether the contingency fee contract between
White and McGrory is clearly excessive under Disciplinary Rule 2-106
of the Code of Professional Responsibility, Tenn. Sup. Ct. R. 8,  and
is, thus, unenforceable; and (2) if the contingency fee contract is
unenforceable, whether White may, nevertheless, recover attorneys
fees on a quantum meruit basis.  For the reasons that follow, we hold
that the contract is unenforceable and that White is not entitled to
recover under the theory of quantum meruit.  

URL:http://www.tba.org/tba_files/TSC/MCBRIDEH.OPN.WP6
Opinion-Flash

STATE OF TN, v. RICHARD ODOM, a/k/a OTIS SMITH,

Court:TSC

Attorneys: N/A                         

Judge: PER CURIAM

First Paragraph:

ORDER ON PETITION TO REHEAR

The State has requested a rehearing in this case.  The Court has
considered the petition and finds it to be without merit.  The
petition to rehear is denied.  The Members of the Court adhere to the
positions stated in the original Opinions in this cause.
It is so ORDERED.

URL:http://www.tba.org/tba_files/TSC/ODOMRICH.ORD.WP6
Opinion-Flash

C.L. RANDOLPH,  v. VIRGINIA HENLEY RANDOLPH

Court:TSC

For Appellant:              For Appellee:

Roger E. Jenne              James F. Logan, Jr.
JENNE, SCOTT & BRYANT       LOGAN, THOMPSON, MILLER,  
Cleveland, TN               BILBO, THOMPSON & FISHER, P.C.
                            Cleveland, TN                         

Judge: ANDERSON, J.

First Paragraph:

We granted this appeal to clarify the statutory standard by which the
validity of antenuptial agreements should be judged.  The trial court
in this case held the antenuptial agreement invalid, finding the wife
did not knowledgeably sign the agreement, as required by statute. 
The Court of Appeals, in a split decision, reversed, finding the
totality of the circumstances established that the wife possessed
sufficient knowledge of the husbands business affairs and financial
status at the time she signed the agreement to meet the statutory
requirement of "knowledgeably" executing the agreement and that the
agreement was therefore enforceable.

URL:http://www.tba.org/tba_files/TSC/RANDOLPH.OPN.WP6
Opinion-Flash

BELLS BANKING COMPANY,
v.
JACKSON CENTRE, INC. ,
v.
MODELINK CORPORATION,
ROBERT E. ROARK and BILL EADY,

Court:TCA

Thomas F. Taylor,
WALDROP AND HALL, P. A., Jackson, TN
Attorney for Defendant/Third-Party Plaintiff/Appellant.

S. Jasper Taylor, Bells, TN
Attorney for Plaintiff/Appellee.
                       
Judge: FARMER, J.

First Paragraph:

This case comes before us for a determination of whether the trial
court correctly adjudged the appellant, Jackson Centre, Inc. (Jackson
Centre or Corporation), liable to the appellee, Bells Banking Company
(Bells Banking or Bank), under a corporate guaranty agreement,
executed by the then president and C.E.O. of the Corporation, Robert
Roark.  The agreement guarantees payment to the Bank of a line of
credit (up to the principal amount of $120,000) extended to Modelink
Corporation (Modelink), whose president was a Mr. B. G. Eady.  A loan
to Modelink in the principal amount of $80,175.38 is evidenced by a
promissory note signed by Mr. Eady on behalf of Modelink, dated
October 12, 1989.  The guaranty also bears this date.

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

BELLSOUTH TELECOMMUNICATIONS, INC. d/b/a SOUTH CENTRAL BELL TELEPHONE
COMPANY,
v.
KEITH BISSELL, CHAIRMAN; STEVE HEWLETT, COMMISSIONER; SARA KYLE,
COMMISSIONER; Constituting the TN Public Service Commission,

Court:TCA

SANDRA L. RANDLEMAN
CHARLES L. HOWORTH, JR. 
Nashville, TN 37201-3300
ATTORNEYS FOR PETITIONER/APPELLANT

VAL SANFORD
JOHN KNOX WALKUP
Gullett, Sanford, Robinson & Martin
Nashville, TN 37219-8888
ATTORNEYS FOR AT? COMMUNICATIONS OF
THE SOUTH CENTRAL STATES, INC. AND 
MCI TELECOMMUNICATIONS CORPORATION

ROGER A. BRINEY, ESQ.
Atlanta, Georgia 30309
OF COUNSEL FOR AT? COMMUNICATIONS OF
THE SOUTH CENTRAL STATES, INC. AND 
MCI TELECOMMUNICATIONS CORPORATION

MARTHA P. MCMILLIN, ESQ.
780 Johnson Ferry Road, Suite 700
Atlanta, Georgia 30342
OF COUNSEL FOR AT? COMMUNICATIONS OF
THE SOUTH CENTRAL STATES, INC. AND 
MCI TELECOMMUNICATIONS CORPORATION
                       
Judge: SAMUEL L. LEWIS

First Paragraph:

This appeal involves the judicial review of five TN Public
Service Commission orders.  The orders approved tariffs filed by AT?
Communications of the South Central States, Inc., Sprint
Communications Company, L.P., and MCI Telecommunications Corporation. 
BellSouth Telecommunications Inc., d/b/a South Central Bell, has
appealed directly to this Court pursuant to Tenn.R.App.P. 12.  They
assert that the TN Public Service Commission (Commission or
PSC) should have denied the tariffs, as they violated the Commissions
prior orders and policies. 

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

JAMES ROGER BISHOF And MARY K. BISHOF,  
v.
YARBROUGH CONSTRUCTION COMPANY; WESLEY YARBROUGH; HOME BUYERS WARRANTY
CORPORATION; NATIONAL HOME INSURANCE COMPANY; Aurora, Colorado;
CENTURY 21 A-1 PROPERTIES; And LUPE LAUGHLIN BEHRENS,

Court:TCA

Dorothy W. McArthur, KIM, WILLCOX & McARTHUR, Memphis, TN
Attorney for Plaintiffs/Appellants.

J. Thomas Caldwell, Ripley, TN Attorney for
Defendants/Appellees, Yarbrough Construction Company and Wesley
Yarbrough.

Jefferson C. Orr, MANIER, HEROD, HOLLABAUGH & SMITH, Nashville,
TN Attorney for Defendants/Appellees, Home Buyers Warranty
Corporation and National Home Insurance Company.

A. Wilson Wages, Alice L. Gallaher, A. WAGES LAW FIRM, Millington,
TN Attorneys for Defendants/Appellees, Century 21 A-1
Properties and Lupe Laughlin Behrens.

FARMER, J.

First Paragraph:

In this action, Plaintiffs-Appellants, James Roger Bishof and Mary K.
Bishof (Plaintiffs or Bishofs), appeal the dismissal of their
claims for rescission, fraud, outrageous conduct and breach of
warranty against Defendants-Appellees, Yarbrough Construction Company,
Wesley Yarbrough, Home Buyers Warranty Corporation, National Home
Insurance Company, Century 21 A-1 properties, and Lupe Laughlin
Behrens, arising from the Bishofs purchase of a residence.

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

CHRISTINE CALLAHAN,   v. PATRICK MICHAEL CALLAHAN, 

Court:TCA

LARRY C. VAUGHAN, Vaughan and Zuker, Knoxville, for Appellant.

GEORGE F. LEGG, Stone and Hinds, P.C., Knoxville, for Appellee.
                       
Judge: McMurray, J.

First Paragraph:

The parties to this appeal were divorced in Alabama.  At the time of
the divorce, the parties had one minor child.  Custody was given to
the plaintiff.  Plaintiff and the minor child moved to TN and
at the time of the hearing in this cause had been living here for some
eighteen months.  The plaintiff filed a "Petition for Contempt and
Petition for Modification of Visitation" in the Fourth Circuit Court
of Knox County, TN.  

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

ERNIE G. CHANDLER and EVA CHANDLER,
v.
CECIL J. JOHNSON and BARBARA JOHNSON,

Court:TCA

BOB LYNCH, JR.
Nashville, TN  37201
ATTORNEY FOR PLAINTIFFS/APPELLANTS

WILLIAM B. JAKES, III
Howell & Fisher
Nashville, TN  37201-1107
ATTORNEY FOR DEFENDANTS/APPELLEES
                          
Judge: SAMUEL L. LEWIS

First Paragraph:

This is an appeal by plaintiffs/appellants, Ernie G. and Eva Chandler,
from the trial court's order granting the motion for summary judgment
of defendants/appellees, Cecil J. and Barbara Johnson, and dismissing
plaintiffs' complaint.

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

CONSUMER ADVOCATE DIVISION, Office of the Attorney General State of
TN,
v.
KEITH BISSELL, CHAIRMAN; STEVE HEWLETT, COMMISSIONER; SARA KYLE,
COMMISSIONER; Constituting the TN Public Service Commission,

Court:TCA

FOR PETITIONER/APPELLANT:       FOR RESPONDENTS/APPELLEES:

CHARLES W. BURSON               H. EDWARD PHILLIPS, III
Attorney General & Reporter     TN Public Service Commission
                                460 James Robertson Parkway
MICHAEL E. MOORE                Nashville, TN 37243-0500
Solicitor General
                                FOR KINGSPORT POWER COMPANY:
DAVID W. YATES                  WILLIAM C. BOVENDER
Associate Consumer Advocate     T. ARTHUR SCOTT
404 James Robertson Parkway     P. O. Box 3740
Nashville, TN 37243             Kingsport, TN 37664
    
                                JAMES R. BACHA
                                One Riverside Plaza
                                Columbus, Ohio 43215
                          
Judge: BEN H. CANTRELL

First Paragraph:

The only question in this case is whether the Public Service
Commission exceeded its authority by approving a tariff which allows
Kingsport Power Company to pass its purchased power costs along to its
customers without going through a ratemaking proceeding.  We affirm
the action of the Public Service Commission.

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

KATHERINE THERESA DeVAULT,  v. JAMES CANON DeVAULT, JR.,

Court:TCA

MARY FRANCES LYLE
Bruce, Weathers, Corley,
Dughman & Lyle
Nashville, TN  37238-2075
ATTORNEY FOR PLAINTIFF/APPELLANT

MIKE W. BINKLEY
Nashville, TN  37201
ATTORNEY FOR DEFENDANT/APPELLEE
                        
Judge: SAMUEL L. LEWIS

First Paragraph:

This is an appeal by plaintiff/appellant, Katherine Theresa DeVault,
from those parts of the trial court's divorce decree that awarded the
parties joint custody of their minor twin sons, awarded child support,
and granted defendant/appellee, James Canon DeVault, Jr., two months
of visitation during the summer.

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

JEANNIE FARROW, v. WARREN G. REED,  

Court:TCA

Carl R. Ogle, Jr., Jefferson City, TN
Attorney for Plaintiff/Appellant.

Debby A. Thompson,
J. Tucker Montgomery,
MONTGOMERY & THOMPSON, Knoxville, TN
Attorneys for Defendant/Appellee.
                        
Judge: FARMER, J.

First Paragraph:

In this medical malpractice action, Plaintiff-Appellant, Jeannie
Farrow (Farrow or Plaintiff), appeals the trial courts judgment
granting the Motion for Summary Judgment filed by Defendant-Appellee,
Warren G. Reed (Dr. Reed or Defendant).

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

STEWART TITLE GUARANTY COMPANY, 
v.
FEDERAL DEPOSIT INSURANCE CORPORATION,               
                          
Statutory Successor to RESOLUTION TRUST CORPORATION, in its capacity
as Conservator for Cherokee Valley F.S.A., and ALFONSO CHARLES and
GWENDOLYN CHARLES,

Court:TCA

For Appellant:                          For Appellee STEWART 
                                        TITLE GUARANTY COMPANY:

TED C. RAYNOR                           JOHN C. CAVETT, JR.
Leitner, Warner, Moffitt,               Cavett & Abbott
Williams, Dooley & Napolitan, PLLC      Chattanooga, TN
Chattanooga, TN
                                    
                                        For Appellees ALFONSO CHARLES
                                        and GWENDOLYN CHARLES:

                                        SELMA CASH PATY
                                        Paty, Rymer & Ulin, P.C.
                                        Chattanooga, TN
                          
Judge: Susano, J.

First Paragraph:

This litigation finds its genesis in the aftermath of a failed banking
institution.  In 1984, Cherokee Valley Federal Savings Bank (Bank)
loaned appellees Alfonso and Gwendolyn Charles (Charles) $45,750 to
finance the purchase of property on Signal Mountain, TN.  The
Charles executed and delivered to the Bank a 90-day note for $45,750
and a deed of trust on the purchased property, which was municipally
known as 1302 Spencer Road.

URL:http://www.tba.org/tba_files/TCA/FDIC.OP.WP6
Opinion-Flash

WILLA JEAN GASKILL,v. STEVEN WAYNE GASKILL,     

Court:TCA

For the Plaintiff/Appellee:             For the Defendant/Appellant:

Kevin C. Kennedy                        Mark A. Rassas
THE KENNEDY LAW FIRM                    RASSAS & RASSAS
Clarksville, TN                  Clarksville, TN
                          
Judge: WILLIAM C. KOCH, JR.

First Paragraph:

This appeal involves the custody of a four-year-old girl.  After
slightly more than two years of marriage, the mother filed a divorce
petition in the Chancery Court for Montgomery County requesting
custody of the parties only child. Following a bench trial, the trial
court declared the parties divorced and awarded custody to the mother.
 The husband asserts on this appeal that he is comparatively more fit
than the mother to have custody.  We agree and, therefore, reverse the
trial courts award of custody to the mother.

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

H. PATRICK HEFFERNAN,   
v.
HEFFERNAN, BALLINGER, POUNDS, AND YARBROUGH, INC. and LYNN H.
BALLINGER, CHARLES O. POUNDS and ROBERT A. YARBROUGH,

Court:TCA

Attorneys: N/A                       

Judge: FARMER, J.

First Paragraph:

O R D E R - The petition for rehearing filed in behalf of the
appellant is denied.

O R D E R - The opinion of this Court filed on May 31, 1996 is
withdrawn.

URL:http://www.tba.org/tba_files/TCA/HEFFERN.O2.WP6
URL:http://www.tba.org/tba_files/TCA/HEFFERN.O3.WP6
Opinion-Flash

CASSANDRA HUGHLETT, 
v.
SHELBY COUNTY HEALTH CARE CORPORATION, REGIONAL MEDICAL CENTER AT
MEMPHIS a/k/a THE MED, ET AL,

Court:TCA

Gavin M. Gentry of Memphis
For Defendant-Appellant

Louis P. Chiozza, Jr., of Memphis
For Plaintiff-Appellee                          

Judge: W. FRANK CRAWFORD

First Paragraph:

The sole issue in this case is whether a plaintiff in a medical
malpractice action may recover from a defendant health care provider
the amount of plaintiffs medical expenses paid by the TN
Medicaid program which is a part of the federal social security
program.

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

DAVID HUTTON,   
v. 
RUTH E. JOHNSON, Commissioner of Revenue for the State of TN,        
w/DISSENTING OPINION

Court:TCA

Christopher M. Was
TRABUE, STURDIVANT & DeWITT
Nashville, TN 37219-1738
ATTORNEY FOR PLAINTIFF/APPELLEE

CHARLES W. BURSON
Attorney General and Reporter

SEAN P. SCALLY
Assistant Attorney General
Nashville, TN 37243-0489
FOR DEFENDANT/APPELLANT                      

Judge: HENRY F. TODD

First Paragraph:

The defendant/Commissioner has appealed from a summary judgment of the
Trial Court requiring the Commissioner to refund to plaintiff  $75,832
use tax paid under protest.  The facts are uncontroverted.  The
question before the Trial Court and before this Court is the
application of the law to the factual situation.

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

EDDIE JOHNSON,  v. TN BOARD OF PAROLES,

Court:TCA

EDDIE JOHNSON, Pro Se
Tiptonville, TN  38079-9775

CHARLES W. BURSON
Attorney General and Reporter

PATRICIA C. KUSSMANN
Assistant Attorney General
Nashville, TN  37243
ATTORNEYS FOR RESPONDENT/APPELLEE
                    
Judge:SAMUEL L. LEWIS

First Paragraph:

This is an appeal by petitioner/appellant, Eddie Johnson, from a
decision of the chancery court dismissing his petition for writ of
certiorari.

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

EMMA JONES and EDWARD JONES, 
v.
EXXON CORPORATION d/b/a EXXON SHOP, 

Court:TCA

Lewis K. Garrison and Teresa M. Hite of Memphis
For Appellants

John J. Heflin, III, Bourland, Heflin,
Alvarez, Holley & Minor, PLC, of Memphis
For Appellee
                         
Judge: W. FRANK CRAWFORD

First Paragraph:

This is a premises liability case.  Plaintiffs, Emma Jones and Edward
Jones, appeal from the order of the trial court granting defendant
Exxon Corporations motion for summary judgment.

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

GERALD ROY LANDRY,
v.
ROBERT DOOD, Individually and in his capacity as Chief of Police of
the City of Rossville, TN; and THE CITY OF ROSSVILLE,
TN,

Court:TCA

Michael W. Whitaker of Covington
For Plaintiff-Appellant

Paul F. Rice, Utley & Latimer of Jackson
For Defendant, Robert C. Dood

Charles A. Sevier and Reid R. Phillips,
The Sevier Law Firm of Memphis
For Defendant, City of Rossville
                        
Judge: W. FRANK CRAWFORD,

First Paragraph:

Plaintiff, Gerald Roy Landry, filed suit against defendants Robert
Dood, individually and in his official capacity as Chief of Police of
the City of Rossville, TN, and the City of Rossville,
TN, claiming deprivation of his constitutional rights under 42
U.S.C.   1983 (West 1994), as well as other theories of liability. 
Prior to trial plaintiff waived or abandoned all theories of liability
except those claims arising under 42 U.S.C.  1983.  The case was
tried by the court sitting without a jury and, at the close of
plaintiffs proof, defendants moved for dismissal pursuant to
Tenn.R.Civ.P. 41.02 (2).  

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

METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, ET AL.
v.
ANN MARTIN, ET AL.             

Court:TCA

JAMES L. MURPHY, III
Erika Geetter
Nashville, TN 37201
ATTORNEY FOR PLAINTIFFS/APPELLEES

Joel H. Moseley
MOSELEY & MOSELEY
Nashville, TN 37201-1406
ATTORNEYS FOR DEFENDANTS/APPELLANTS
                          
Judge: HENRY F. TODD

First Paragraph:

The Defendants, Ann Martin and AME, Inc. have appealed from a
judgment of the Trial Court finding them in contempt of court,
ordering them to cease an desist from certain activities, closing
defendants business Friday, August 4, 1995, through Monday, August 7,
1995, and taxing them with costs.

URL:http://www.tba.org/tba_files/TCA/MARTINA.OP.WP6
Opinion-Flash

DAVID F. MILLS,                
v.
DONAL CAMPBELL and, TN DEPARTMENT of CORRECTIONS,

Court:TCA

DAVID F. MILLS (Pro Se)
T.D.O.C. #105521
MCRCF, P.O. Box 2000
Wartburg, TN 37887
PLAINTIFF/APPELLANT

CHARLES W. BURSON
Attorney General and Reporter

PATRICIA C. KUSSMANN, B.P.R. #15506
Assistant Attorney General
Civil Rights and Claims Division
Nashville, TN 37243
ATTORNEY FOR PLAINTIFF/APPELLEE
                      
Judge: HENRY F. TODD

First Paragraph:

The captioned petitioner filed a Petition for Declaratory Judgment
and a Writ of Mandamus seeking alteration of the records of the
Department of Correction as to the period of his incarceration.  The
Defendant filed a Motion to Dismiss for failure to state a claim for
which relief can be granted.  The motion was sustained by the Trial
Court and petitioner appealed.

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

EARNEST NEWMAN and LINDA NEWMAN, v. JULIE PHILLIPS, 

Court:TCA

For Appellant:              For Appellee:
    
CARROLL L. ROSS             WILLIAM W. REEDY
Athens, TN           Athens, TN
                        
Judge: Susano, J.

First Paragraph:

This is a grandparents visitation case.  Earnest and Linda Newman,
the maternal grandparents of Chelsea N. Sneed, a minor, filed a
petition seeking visitation with her.  The Newmans daughter, Julie
Phillips, who is the childs mother and custodian, opposed the
petition.  Ms. Phillips had been awarded full custody in her divorce
suit against Chelseas father.  She subsequently married James
Phillips Jr., who is not a party to this action.  The petition does
not allege that Ms. Phillips is an unfit parent or that she has
engaged in any parental misconduct.  

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

IN RE: ESTATE OF ROBERT D. PAYNE, Deceased, KAL HELOU, Administrator
CTA,
v.
WILLIAM D'SHIELL FISHER, KENNETH FISHER and SUSAN FISHER,

Court:TCA

Kal Helou of Nashville
For Plaintiff-Appellant

David B. Foutch; Rochelle, McCulloch & Aulds
of Lebanon, For Defendants-Appellees
                         
Judge: W. FRANK CRAWFORD

First Paragraph:

This appeal involves a dispute between a decedents estate and three
payees named jointly with the deceased on three separate certificates
of deposit.  Kal Helou, Administrator of the Estate of Robert D.
Payne, appeals from the order of the probate court which found that
the certificates of deposit were held jointly with right of
survivorship and that the defendants are the outright owners of the
respective certificates.  The only issue on appeal is whether the
trial court erred in holding that the respective certificates are the
property of the respective defendants.

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

DODSON ROBERTS,v. NATIONAL SAFETY ASSOCIATES, INC.,

Court:TCA

Eugene J. Posdesta,
BAKER, DONELSON, BEARMAN , Memphis, TN
Attorney for Defendant/Appellant.

Harold G. Walter, Memphis, TN
Attorney for Plaintiff/Appellee.
                       
Judge: FARMER, J.

First Paragraph:

This is an action by Appellee, Dodson Roberts (Roberts), to recover
the compensation allegedly due him from his former employer, the
appellant, National Safety Associates, Inc. (NSA).

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

SHELBY COUNTY HEALTH CARE CORPORATION d/b/a REGIONAL MEDICAL
CENTER, )
v.
JIMMIE D. WHITTEN and DELL B. WHITTEN
v.
GOLDEN RULE INSURANCE COMPANY,  

Court:TCA

Stanley J. Kline, Memphis, TN Marshall Gerber, Memphis,
TN Attorneys for Third-Party Plaintiffs/Appellants, Jimmie D.
Whitten and Dell B. Whitten.

David A. Anderson, ANDERSON & ASSOCIATES, P.C., Indianapolis, IN
Martin Zummach, NEELY, GREENE, FARGARSON & BROOKE, Memphis, TN
Attorneys for Third-Party Defendant/Appellee, Golden Rule Insurance
Company.
                        
Judge: FARMER, J.

First Paragraph:

Jimmie D. Whitten was injured as the result of a self-inflicted gun
shot wound to the mouth in a failed suicide attempt. Golden Rule
Insurance Company, which insured Whitten under a major medical
insurance policy, denied coverage for her injuries on the grounds that
the policy contained an exclusion for self-inflicted injury.  After
Shelby County Health Care Corporation, d/b/a Regional Medical Center,
filed suit against Jimmie D. Whitten and her husband Dell B. Whitten
(appellants or by name) for unpaid medical services incurred during
the treatment of Whittens injuries, appellants filed a third party
complaint against Golden Rule Insurance Company (appellee) seeking
payment of benefits under the policy.  

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

JUDY DEMOS SIEVERS, v. JAMES FREDERICK SIEVERS,     

Court:TCA

For Appellant               For Appellee

GLENNA M. RAMER             WILLIAM H. HORTON
Chattanooga, TN      Horton, Maddox & Anderson, PLLC
                            Chattanooga, TN
                         
Judge: Susano, J.

First Paragraph:

In this divorce case, the trial court awarded the counter-plaintiff
James Frederick Sievers (Husband) a divorce from the original
plaintiff Judy Demos Sievers (Wife) on the ground of inappropriate
marital conduct.  Wife appeals, raising issues that present the
following questions for our review: 1.  Did the trial court abuse its
discretion in awarding Wife alimony in solido of $6,000, payable in
six equal monthly installments, rather than periodic alimony in
futuro? 2.  Did the trial court abuse its discretion when it divided
the parties marital property? 3.  Did the trial court err in
disregarding the testimony of Dr. Aron Halfin?

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

CORNELIA SIMMONS,               
v.
MARGARET CULPEPPER, in her capacity as Commissioner of the TN
Department of Employment Security; and OCCIDENTAL CHEMICAL
CORPORATION,

Court:TCA

DAVID KOZLOWSKI
Legal Services of South
Central TN, Inc.
Columbia, TN 38402-1256
ATTORNEY FOR PLAINTIFF/APPELLANT

CHARLES W. BURSON
Attorney General and Reporter

ROBERT W. STACK
Pursuant to Rule 7, Article 10.03
Rules of the Supreme Court of TN
Nashville, TN 37243-0499

JENNIFER H. SMALL
Deputy Attorney General
Nashville, TN 37243-0499
ATTORNEYS FOR DEFENDANT/APPELLEE 
MARGARET CULPEPPER, COMMISSIONER OF THE 
TN DEPARTMENT OF EMPLOYEE SECURITY

N. HOUSTON PARKS
Trabue, Sturdivant & DeWitt
Columbia, TN 38402
ATTORNEY FOR DEFENDANT/APPELLEE
OCCIDENTAL CHEMICAL CORPORATION                      

Judge: SAMUEL L. LEWIS

First Paragraph:

This is an appeal by plaintiff/appellant, Cornelia Simmons, from the
judgment of the chancery court which upheld the decision of
defendant/appellee, TN Department of Employment Security (the
Department), to deny plaintiff unemployment benefits.

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

BRENDA JEAN THOMPSON v. JERRY F. THOMPSON       

Court:TCA

LYNN PERRY and TERRI L. LACEY OF CLEVELAND FOR APPELLANT

B. PRINCE MILLER, JR., OF CLEVELAND FOR APPELLEE

Judge:  Goddard, P.J. 

First Paragraph:

Jerry F. Thompson appeals a divorce decree of the General Sessions
Court for Bradley County, complaining that the division of marital
property was inequitable and that an award of rehabilitative alimony
for 30 months at the rate of $200 per month was unwarranted.

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

WILL TORGESON   v. WILLIAM BEARDEN and  SHIRLEY BEARDEN         

Court:TCA

W. Charles Doerflinger
Lawrenceburg, TN 38464
ATTORNEY FOR PLAINTIFF/APPELLANT

Paul A. Bates
Lawrenceburg, TN 38464
ATTORNEYS FOR DEFENDANTS/APPELLEES                         

Judge: HENRY F. TODD

First Paragraph:

William Torgeson has appealed from an order of the Juvenile Court
denying his petition for custody of Allen Broc Torgeson, a minor, and
awarding the permanent care and custody of said minor to William and
Shirley Bearden.

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

IN RE: ESTATE OF CARLTON E. WALTON, DECEASED, JEFFREY O. WALTON,
Administrator,     
v.
LESLIE YOUNG,                  

Court:TCA

JIMMY A. DUNCAN
Nashville, TN 37209-3438
ATTORNEY FOR PLAINTIFFS/APPELLEES,

JACK GREEN; TSCR #4127
Nashville, TN 37211
ATTORNEY FOR DEFENDANT/APPELLANT
                      
Judge: HENRY F. TODD

First Paragraph:

Leslie Young intervened in the administration of the estate of Carlton
Elliott Walton, deceased, asserting that she is the natural child of
the deceased born out of wedlock, and seeking a declaration of
legitimacy and entitlement to a childs share of the estate.  The
Probate Judge, sitting without a jury, ruled as follows:
Upon testimony of witnesses, statement of counsel and the entire
record in this cause, the Court was of the opinion that the
Petitioner, Leslie Young, failed to carry the burden of proof with
clear and convincing evidence to support her claim as the illegitimate
daughter of the deceased, Carl E. Walton, and the petition should be
denied and dismissed.

URL:http://www.tba.org/tba_files/TCA/WALTONCE.OP.WP6
Opinion-Flash

BARBARA WHITE, as the Administratrix of the Estate of EARL R. WHITE,
deceased,
v.
WILLIAM H. LAWRENCE, M.D.,

Court:TCA

DAVID L. COOPER and JOHN M. CANNON, Cannon, Cannon & Cooper,
Goodlettsville, Attorneys for Plaintiff/Appellee.

JERRY D. KIZER, JR., Rainey, Kizer, Butler, Reviere & Bell, P.L.C.,
Jackson, Attorney for Defendant/Appellant.
                         
Judge: TOMLIN, Sr. J.

First Paragraph:

Barbara White (plaintiff), administratrix of the estate of Earl R.
White, filed suit in the Circuit Court of Carroll County seeking
damages for the suicide of her husband, Earl R. White (decedent),
alleging medical malpractice on the part of Dr. William H. Lawrence
(defendant).  Defendant filed a motion for summary judgment on the
grounds that decedents suicide was an independent, intervening cause
of death that relieved defendant of any liability. The trial court
denied defendants motion.  The trial court granted defendants 
motion for an interlocutory appeal and stay of the trial court
proceedings.  The sole issue on appeal is whether the trial court
erred in denying defendants motion for summary judgment. 

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

EUGENE S. WOLCOTT,  v. BOBBIE JO MCCARGO WOLCOTT,

Court:TCA

David W. Garrett of Nashville, For Appellee

Patrick T. McNally of Nashville, For Appellant

Judge: CRAWFORD, J.

First Paragraph:

This appeal involves a dispute concerning division of marital property
in a divorce case.  Bobbie Jo McCargo Wolcott (Wife) and Eugene S.
Wolcott (Husband) were married on June 5, 1982, and were divorced by
final decree of the circuit court entered September 22, 1995.  The
final decree awarded Wife a divorce on the stipulated ground of
inappropriate marital conduct, awarded custody of the minor child to
Wife, and granted Husband visitation rights.  Husband was ordered to
pay child support in the amount of $735.00 per month and to maintain
life insurance to secure the child support payments.  The order
required Wife to maintain medical insurance for the child.  As to the
property division, each party was awarded all personal property then
in the parties possession.  

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

IN RE: ESTATE OF ROBERT E. YATES, DECEASED, FRED MAYO, JR., 
v.
ARCHIE N. SPAIN, NATIONSBANK, INC., Executor of the Estate of Robert
E. Yates, Deceased, and TREVECCA NAZARENE COLLEGE, INC.,

Court:TCA

V. Michael Fox; Bruce, Weathers, Corley, Dughman & Lyle of Nashville,
for Appellant

J. Robin McKinney, Jr. and Thomas T. Overton of Nashville, 
for Appellee, Spain

T. Richard Travis; Manier, Herod, Hollabaugh & Smith of Nashville, 
for Appellee, Nationsba

Judge: W. FRANK CRAWFORD

First Paragraph:

This appeal involves a dispute concerning the purported wills of
Robert E. Yates, deceased.  The record on appeal, which consists only
of the technical record, reflects a most bizarre series of
proceedings.

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

STATE OF TN, v. RONNIE RAY HOOVER,   

Court:TCCA

FOR THE APPELLANT:      FOR THE APPELLEE:

JOHN E. APPMAN          CHARLES W. BURSON
P.O. Box 99             Attorney General and Reporter
Jamestown, TN 38556
                        DARIAN B. TAYLOR
                        Assistant Attorney General

                        WILLIAM E. GIBSON
                        District Attorney General
                                            
Judge: JERRY L. SMITH

First Paragraph:


Appellant Ronnie Ray Hoover was convicted by a jury of vehicular
homicide by intoxication and of vehicular assault.  For the vehicular
homicide, the jury imposed a $10,000 fine and for the assault, a
$3,000 fine.  As a Persistent Range III offender, Appellant received
concurrent sentences to the Department of Correction of fifteen years
for the homicide and twelve years for the assault.  

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

STATE OF TN,v. RANDY BOYD LAYNE, 

Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:

Robert N. Meeks                 Charles W. Burson
Attorney at Law                 Attorney General & Reporter 
Parklon Building, Suite Six
4548 Brainerd Road              Timothy F. Behan
Chattanooga, TN 37411           Assistant Attorney General
    
                                Gary D. Gerbitz
                                District Attorney General

                                David W. Denny
                                Asst. Dist. Attorney General

Judge: PAUL G. SUMMERS

First Paragraph:

The appellant, Randy Boyd Layne, pled guilty to nineteen counts of
theft of property.  He received an effective sentence of fifteen
years.  On appeal, he contends that the trial court erred in
sentencing him to incarceration instead of community corrections.  We
affirm.

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

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