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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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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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