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.
- 09-New Opinons From TSC
- 00-New Opinons From TSC-Rules
- 14-New Opinons From TSC-Workers Comp Panel
- 17-New Opinons From TCA
- 10-New Opinons From TCCA
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STATE OF TENNESSEE, v. JOE L. ANDERSON, Court:TSC For Appellant: For Appellee: Charles W. Burson Richard B. Fields Attorney General & Reporter Memphis, Tennessee Michael E. Moore Solicitor General Gordon W. Smith Associate Solicitor General Eugene J. Honea Assistant Attorney General Nashville, Tennessee Jerry Wallace Assistant District Attorney Decaturville, Tennessee Judge: ANDERSON, J. First Paragraph: We granted this appeal to clarify the standards by which courts determine whether a person being questioned by law enforcement officers is in custody, and therefore entitled to the warnings mandated by Miranda v. Arizona, 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 694 (1966). URL:http://www.tba.org/tba_files/TSC/ANDERJL.OPN.WP6 ANITA K. BEETS, et al., v. PIONEER WESTERN PROPERTIES CORPORATION, et al., Court:TSC FOR PLAINTIFFS/APPELLEES: FOR DEFENDANTS/APPELLANTS: Herbert S. Moncier John D. Schwalb Ann Short Brewer, Krause, Brooks & Mills Knoxville, Tennessee Nashville, Tennessee Judge: PER CURIAM First Paragraph: Upon further consideration of the record and the oral argument in this cause, the Court is of the opinion that the Court of Appeals has reached the right result upon the issues presented to this Court for review. The application for permission to appeal was improvidently granted. URL:http://www.tba.org/tba_files/TSC/BEETSAK.OPN.WP6 PAMELA DIANNE LOMAX COHEN, v. JAY STEVEN COHEN, Court:TSC For the Plaintiff: For the Defendant: Vance Cramb, Jr. Fred C. Dance Nashville, TN DANCE, DANCE & LANE Nashville, TN Judge: WHITE, J. First Paragraph: This divorce case raises two important questions involving the classification of marital property under our statutes. The first question is whether an interest in an unvested retirement plan is marital property. The second question is whether increased equity in separate real property is martial property. The trial court declined to consider the husbands interest in an unvested retirement plan as marital property, but did conclude that the increased equity in the husbands separate real property was marital property subject to division. The Court of Appeals reversed on both counts. We granted permission to appeal to determine whether the legislatures definition of marital property set forth in Tennessee Code Annotated Section 36-4-121 (1)(b) includes either unvested retirement plans or increased equity in separate real property. URL:http://www.tba.org/tba_files/TSC/COHENLM.OPN.WP6 PETITION OF ATTORNEY ISAIAH S. GANT, FOR REVIEW AS UNDER THE COMMON LAW WRIT OF CERTIORARI IN RE: HOURLY COMPENSATION RATE OF COURT APPOINTED COUNSEL IN STATE OF TN V. COURTNEY MATHEWS, MONTGOMERY COUNTY NO. 33791 Court:TSC For Petitioner: For Respondent: William P. Redick, Jr. Charles W. Burson Whites Creek, TN Attorney General and Reporter Kathy Morante Deputy Attorney General Nashville, TN Judge: BIRCH, C.J. First Paragraph: Isaiah S. Gant, appointed counsel in a capital case, petitions this Court for review of the refusal of the Director of the Administrative Office of the Courts to compensate him at a rate higher than that established in Rule 13, Rules of the Supreme Court of Tennessee. Because we find that the Director, in rejecting Gants claim, neither exceeded his jurisdiction nor acted illegally, arbitrarily, or fraudulently, we affirm the ruling of the Director. URL:http://www.tba.org/tba_files/TSC/GANTI.OPN.WP6 LOUIS GLAZER, M.D., v. FIRST AMERICAN NATIONAL Court:TSC For Plaintiff-Appellee: For Defendant-Appellant: Henry L. Klein Gary L. Jewel Apperson, Crump, Duzane Jewel & Rich & Maxwell Memphis, Tennessee Memphis, Tennessee Judge: DROWOTA, J. First Paragraph: In this case involving a claim for conversion under 47-3-419 of the Tennessee Uniform Commercial Code (UCC), the defendant, First American National Bank (FANB), appeals from the Court of Appeals affirmance of the trial courts judgment in favor of the plaintiff, Louis Glazer, M.D. The sole issue for our determination is whether the trial courts award of consequential or special damages to Glazer was proper under the facts of this case. For the reasons that follow, we hold that the award was not proper. Therefore, the judgment of the Court of Appeals is reversed. URL:http://www.tba.org/tba_files/TSC/GLAZERL.OPN.WP6 DOROTHY CAROLINE JONES, v., CURTIS LAMAR JONES, Court:TSC For Plaintiff-Appellee: For Defendant-Appellant: William H. Hall Selma Cash Paty Soddy-Daisy, Tennessee Paty, Rymer & Ulin, P.C. Chattanooga, Tennessee Judge: DROWOTA, J. First Paragraph: This child support case presents a single issue for our consideration: whether the trial court erred in finding that the child support guidelines were inapplicable, and thereafter setting the child support at an amount approximately 30% less than that called for in the guidelines. For the reasons that follow, we conclude that the grounds relied upon by the trial court are insufficient to justify a downward deviation from the guidelines; therefore, we reverse the judgment of the trial court and Court of Appeals. URL:http://www.tba.org/tba_files/TSC/JONESDC.OPN.WP6 STATE OF TENNESSEE, v. SHERYL L. PENDERGRASS, Court:TSC For Appellant: For Appellee: Lionel R. Barrett, Jr. Charles W. Burson Lionel R. Barrett, Jr., P.C. Attorney General & Reporter Nashville, Tennessee Michael E. Moore John Pellegrin Solicitor General Gallatin, Tennessee Gordon W. Smith Associate Solicitor General Nashville, Tennessee Lawrence Ray Whitley District Attorney General and Dee David Gay Assistant District Attorney General Gallatin, Tennessee Judge: ANDERSON, J. First Paragraph: The threshold issue in this appeal is whether the defendant, Sheryl L. Pendergrass, in pleading guilty to a drug charge, explicitly reserved the right to appeal a certified question of law that was dispositive of the case, in accordance with the requirements of Tenn. R. Crim. P. 37(b)(2)(iv) as it was interpreted by this Court in State v. Preston, 759 S.W.2d 647 (Tenn. 1988). URL:http://www.tba.org/tba_files/TSC/PENDERS.OPN.WP6 N. THOMAS PURSELL, JR., v. FIRST AMERICAN NATIONAL BANK, CHARLES WHITE, ANITA WHITE, and CHARLES BAGSBY, d/b/a TENNESSEE AUTO RECOVERY, Court:TSC For Appellant: For Appellees: Phillip North E. Clifton Knowles A. Gregory Ramos Anthony J. McFarland NORTH, PURSELL & RAMOS Joseph F. Welborn, III Nashville, Tennessee BASS, BERRY & SIMS Nashville, Tennessee Judge: ANDERSON, J. First Paragraph: We granted this appeal to determine whether the actions of a bank following repossession of collateral for a loan form the basis for an action under the Tennessee Consumer Protection Act, Tenn. Code Ann. 47-18-101, et seq. The trial court granted the defendants motion to dismiss for failure to state a claim, and the Court of Appeals affirmed, concluding that the bank's actions did not constitute a violation of the Consumer Protection Act because they did not affect the conduct of any trade or commerce, as those terms are defined in the statute. URL:http://www.tba.org/tba_files/TSC/PURSELLT.OPN.WP6 RAY F. SHARP, JR. and NELL SHARP, v. GREER E. RICHARDSON, M.D., CAMPBELL CLINIC, INC., and PFIZER HOSPITAL PRODUCTS GROUP, INC., Court:TSC For Appellants: For Appellees, Greer E. Richardson, M.D. and Campbell Clinic, Inc.: Everett B. Gibson Everett B. Gibson Law Firm Buckner Wellford Memphis, Tennessee THOMASON, HENDRIX, HARVEY, JOHNSON & MITCHELL Memphis, Tennessee For Appellee, Pfizer Hospital Products Group, Inc.: Philip E. Mischke WYATT TARRANT & COMBS Memphis, Tennessee Judge: ANDERSON, J. First Paragraph: The dispositive issue in this appeal is whether the Tennessee savings statute applies to save an action which was initially filed within the one-year products liability statute of limitations and the products liability statute of repose, but which was voluntarily dismissed and refiled beyond the six-year statute of repose. We hold that it does. The Court of Appeals' judgment is reversed and the cause remanded to the trial court. URL:http://www.tba.org/tba_files/TSC/SHARPRAY.OPN.WP6 LARRY COLEMAN, v. KIMBERLY-CLARK CORPORATION w/JUDGMENT ORDER Court:TSC - Workers Comp Panel For Appellant: For Appellee: McDonald Kuhn B. J. Wade Carol Mills Hayden Lori J. Keen Memphis, Tennessee Glassman, Jeter, Edwards & Wade Memphis, Tennessee Judge: Loser 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. section 50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. In this appeal, the employer contends the award of permanent partial disability benefits is excessive and that the trial judge "erred in failing to use the AMA Guides to the Evaluation of Permanent Impairment, Fourth Edition, to review the anatomical impairment assigned by" the operating surgeon. The employee contends the award is inadequate. The panel has concluded the judgment should be affirmed as modified herein. URL:http://www.tba.org/tba_files/TSC_WCP/COLEMANL.OPN.WP6 URL:http://www.tba.org/tba_files/TSC_WCP/COLEMANL.JDG.WP6 GARY ALLEN FERRELL, v. BATESVILLE CASKET COMPANY, INC. and KEMPER INSURANCE CO w/JUDGMENT ORDER Court:TSC - Workers Comp Panel For the Appellant: For the Appellees: Othal Smith, Jr. Bryan Essary Stouffer Tower, Ste. 3121 Gideon & Wiseman 611 Commerce St. NationsBank Plaza, Ste. 1900 Nashville, TN 37203 414 Union St. Nashville, TN 37219-1782 Judge: BYERS 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 dismissed the plaintiffs complaint as barred by the statute of limitations. The plaintiff appeals this ruling. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TSC_WCP/FERRELL.OPN.WP6 URL:http://www.tba.org/tba_files/TSC_WCP/FERRELL.JDG.WP6 WOODROW CECIL FOSTER, v. COFFEE COUNTY HIGHWAY DEPARTMENT and COFFEE COUNTY, TENNESSEE, w/JUDGMENT ORDER Court:TSC - Workers Comp Panel For Appellant: For Appellee: Steven A. Dix Robert Peters McClellan, Powers, Ehmling & Dix Swafford, Peters, O'Neal & Priest Murfreesboro, Tennessee Winchester, Tennessee Judge: Loser 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. section 50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. In this appeal, the employer questions the trial court's conclusion that the claim is not barred by Tenn. Code Ann. section 50-6-203, a one year statute of limitation. The employer also contends the award of permanent partial disability benefits based on forty-five percent to the body as a whole is excessive. This panel finds that the judgment should be affirmed. URL:http://www.tba.org/tba_files/TSC_WCP/FOSTERWC.OPN.WP6 URL:http://www.tba.org/tba_files/TSC_WCP/FOSTERWC.JDG.WP6 ANTHONY S. HOPSON,v. PROTEIN TECHNOLOGIES, w/JUDGMENT ORDER Court:TSC - Workers Comp Panel For Appellant: For Appellee: Kenneth R. Rudstrom Tim Edwards Spicer, Flynn & Rudstrom Lori J. Keen Memphis, Tennessee Glassman, Jeter, Edwards & Wade Memphis, Tennessee Judge: Loser 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. section 50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. In this appeal, the employer contends only that the award of permanent partial disability benefits on the basis of fifty percent to the arm is excessive. The panels finds the award should be reduced to one based on based on thirty-five percent to the arm. URL:http://www.tba.org/tba_files/TSC_WCP/HOPSONA.OPN.WP6 URL:http://www.tba.org/tba_files/TSC_WCP/HOPSONA.JDG.WP6 FRANCES REYNOLDS KELLERMAN, v. FOOD LION, INC., w/JUDGMENT ORDER Court:TSC - Workers Comp Panel For Appellant: For Appellee: Jonathan Cole James F. Conley Baker, Donelson, Bearman & Caldwell Copeland, Conley & Hazard Nashville, Tennessee Tullahoma, Tennessee Judge: Loser 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. section 50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. In this appeal, the employer contends (1) the chancellor erred in not accepting the opinion testimony of the claimant's treating physician, (2) the claimant's back injury is not compensable because the evidence failed to establish that "the accident either otherwise injured her or advanced the severity of her preexisting condition, (3) that the chancellor erred in considering expert medical testimony not based on reasonable medical certainty, and (4) the award of permanent partial disability benefits is excessive. URL:http://www.tba.org/tba_files/TSC_WCP/KELLERMA.OPN.WP6 URL:http://www.tba.org/tba_files/TSC_WCP/KELLERMA.JDG.WP6 MART E. KOBECK, v. MURRAY, INC., w/JUDGMENT ORDER Court:TSC - Workers Comp Panel For the Appellant: For the Appellee: Ben Boston Wayne F. Hairrell Christopher V. Sockwell Hairrell & Jennings Boston, Bates & Holt P. O. Drawer H P. O. Box 357 200 Mahr Avenue Lawrenceburg, TN 38464 Lawrenceburg, TN 38464 Judge: BYER First Paragraph: Plaintiff injured his neck at work in October of 1991 and subsequently underwent anterior cervical disc removal, dissection and fusion after which he did not recover. The trial judge found the plaintiff to be 80 percent vocationally impaired as a result of his work injury. URL:http://www.tba.org/tba_files/TSC_WCP/KOBECK.OPN.WP6 URL:http://www.tba.org/tba_files/TSC_WCP/KOBECK.JDG.WP6 HARVEY WAYNE McMAHAN, v. ROYAL INSURANCE COMPANY, Court:TSC - Workers Comp Panel For the Appellant: For the Appellee: Frank Q. Vettori Roger Ridenour P. O. Box 217 P. O. Box 530 Knoxville, TN 37901-0217 Clinton, TN 37717-0530 Judge: INMAN, First Paragraph: The plaintiff alleged that he injured his back in an unexplained manner on August 20, 1993 while working for Universal Tire, Inc., that he might not be able to return to his normal occupation, and that any benefits he was awarded should be paid in a lump sum. To these allegations the employers insurer entered a general denial. Trial resulted in a finding that the medical proof is not objectively strong with some inference that the plaintiff is exaggerating his limitations. The plaintiff was found to be ten percent permanently partially disabled and was awarded benefits accordingly. The defendant appeals, insisting that the evidence preponderates against the judgment. URL:http://www.tba.org/tba_files/TSC_WCP/MCMAHAN.OPN.WP6 RAYMOND PHILLIPS, v. LINCOLN BRASS WORKS, INC., Court:TSC - Workers Comp Panel For the Appellant: For the Appellee: Janet L. Hogan John T. March 603 Main Avenue, 5th Floor P. O. Box 231 Knoxville, TN 37902 LaFollette, TN 37766 Judge: INMAN First Paragraph: This appeal involves two complaints for workers compensation benefits which were consolidated for trial. The first action was filed on March 10, 1989 for low back injuries which allegedly were sustained on February 17, 1989 and March 8, 1989. On March 25, 1991 the plaintiff filed another complaint alleging a low back injury on February 27, 1991. URL:http://www.tba.org/tba_files/TSC_WCP/PHILLIPS.OPN.WP6 B? CORPORATION d/b/a U.C. CONSULTANTS, v. STEPHEN L. THOMAS and THOMAS & THORNGREN, INC., Court:TCA J. MICHAEL JACOBS STEVEN B. McCLOUD ATTORNEYS FOR THE APPELLANT 311 White Bridge Rd. Nashville, TN 37209 CRAIG V. GABBERT C. MARK PICKRELL ATTORNEYS FOR THE APPELLEES 1800 First American Center 315 Deaderick St. Nashville, TN 37238 Judge: First Paragraph: This is the second appeal of a case involving a Nashville business, B? Corporation, and four of its former employees. In 1994 B? sued the four in the Chancery Court for Davidson County claiming they violated covenants not to compete, breached fiduciary duties, converted U.C. property, unfairly competed, and benefited from unjust enrichment. The chancery court granted one defendant, Kris Thorngren, summary judgment. B? then appealed to this court, and we reversed the chancery courts judgment on several issues. Later, the chancery court granted summary judgment in favor of defendant Stephen Thomas. The chancery court also granted the corporate defendant Thomas & Thorngren Inc.s motion for summary judgment. B? appeals from those judgments. B? argues that the chancery court erred in ruling that Mr. Thomas employment agreement expired prior to his departure from B?. B? also faults the chancery courts decision to grant Stephen Thomas and Thomas & Thorngren summary judgment, and to award Stephen Thomas his legal fees and costs. URL:http://www.tba.org/tba_files/TCA/B?.OPN.WP6 LINDA PATRICIA SHERWOOD EVANS, v. DAVID WALLING EVANS, Court:TCA DAVID F. GORE RAMSEY B. LEATHERS, JR. ELIZABETH L. ALLISON BLACKBURN, SLOBEY, FREEMAN & HAPPELL 414 Union Street, Suite 2050 NationsBank Plaza Nashville, Tennessee 37219 Attorneys for Plaintiff/Appellee ROBERT H. PLUMMER, JR. 415 Bridge Street P. O. Box 1361 Franklin, Tennessee 37065-1361 Attorney for Defendant/Appellant Judge: BEN H. CANTRELL First Paragraph: The husband has appealed the trial courts judgment awarding the wife a divorce on the ground of inappropriate marital conduct, awarding her permanent alimony, and awarding her $5,000 out of a 1982 gift from her mother as her separate property. We modify the judgment as to the gift and the alimony. URL:http://www.tba.org/tba_files/TCA/EVANSL.OPN.WP6 EDNA FORBES, v. WILSON COUNTY EMERGENCY COMMUNICATION DISTRICT 911 BOARD and W. J. MCCLUSKEY, w/CONCURRENCE IN PART, DISSENT IN PART Court:TCA W. Gary Blackburn, Blackburn, Slobey, Freeman & Happell of Nashville, For Appellants Margaret L. Behm, Anne C. Martin, Dodson Parker & Behm of Nashville, For Appellee Judge: W. FRANK CRAWFORD First Paragraph: This case involves the Tennessee open meetings law and the Tennessee handicap discrimination law. Plaintiff, Edna Forbes, alleges that defendants, Wilson County Emergency Communication District 911 Board and W.J. McCluskey, Chairman, violated the Tennessee Handicap Discrimination Act and the Tennessee open meetings act. After a jury trial with the use of special interrogatories, the court entered an order on the jury verdicts which found violations of both acts and awarded plaintiff $65,975.00 in back pay, $38,675.00 in front pay, $250,000.00 in damages for humiliation and embarrassment, and $50,000.00 for punitive damages. The court also awarded plaintiffs attorney $50,000.00 in fees and $6,455.00 in expenses. URL:http://www.tba.org/tba_files/TCA/FORBESED.OPN.WP6 URL:http://www.tba.org/tba_files/TCA/FORBESED.DIS.WP6 H. PATRICK HEFFERNAN, v. HEFFERNAN, BALLINGER, POUNDS, AND YARBROUGH, INC. and LYNN H. BALLINGER, CHARLES O. POUNDS and ROBERT A. YARBROUGH, Court:TCA Carl H. Langschmidt, Jr., ARMSTRONG ALLEN PREWITT GENTRY JOHNSTON & HOLMES, Memphis, Tennessee Attorneys for Defendant/Appellant Heffernan, Ballinger, Pounds, and Yarbrough, Inc. Joseph W. Barnwell, Jr., EVANS & PETREE, Memphis, Tennessee Attorney for Plaintiff/Appellee. Judge: FARMER, J. First Paragraph: This litigation was initiated by Appellee, H. Patrick Heffernan, against Ballinger, Pounds and Yarbrough, Inc., formerly Heffernan, Ballinger, Pounds and Yarbrough, Inc., and Glen H. Ballinger, Charles O. Pounds and Robert A. Yarbrough, to recover the earned commissions and share of corporate profits allegedly due him. The trial court referred the matter to the clerk and master who, after a hearing, determined that Heffernan was entitled to compensation in the amount of $44,242.92. The masters report was affirmed by the chancellor who entered judgment for Heffernan accordingly. The Corporation has appealed, presenting the following issues for our review: 1. Whether the Chancellor and the Clerk and Master erred in concluding that Heffernan did not owe Heffernan, Ballinger, Pounds and Yarbrough, Inc. $15,620.01 for commissions he placed in his own agency for his personal benefit while he was still an employee of Heffernan, Ballinger, Pounds and Yarbrough, Inc. 2. Whether the Chancellor and Clerk and Master erred in holding that the corporation should have given Heffernan a partial distribution of profit of $22,680. 3. Whether the Chancellor and the Clerk and Master erred in concluding that the plaintiff was entitled to receive commissions which the corporation owed him for the fiscal year ending May 31, 1987. 4. Whether the Chancellor and Clerk and Master erred in concluding that Heffernan did not have to repay his loan of $15,000 to the corporation. URL:http://www.tba.org/tba_files/TCA/HEFFERN.OPN.WP6 SHERMAN ALEXANDER HENDERSON,v. W.G. LUTCHE, et al, Court:TCA SHERMAN ALEXANDER HENDERSON, Pro Se L.C.R.C.F. Rural Route 1, Box 330 Tiptonville, Tennessee 38079 CHARLES W. BURSON Attorney General and Reporter PATRICIA C. KUSSMANN Assistant Attorney General Civil Rights and Claims Division 404 James Robertson Parkway Suite 2000 Nashville, Tennessee 37243 ATTORNEYS FOR RESPONDENTS/APPELLEES Judge: SAMUEL L. LEWIS First Paragraph: This is an appeal as of right by petitioner/appellant, Sherman Alexander Henderson, from the judgment of the Chancery Court for Davidson County dismissing petitioner's complaint. URL:http://www.tba.org/tba_files/TCA/HENDRSSA.OPN.WP6 JULIA JONES VS. SAMUEL ROBERT JONES, JR. w/CONCURRING IN PART and DISSENTING IN PART Court:TCA GARY M. WILLIAMS 116 Shivel Drive Hendersonville, Tennessee 37075 Attorney for Plaintiff/Appellee JOE P. BINKLEY First American Center, Suite 2395 315 Deaderick Street Nashville, Tennessee 37201 THOMAS F. BLOOM 500 Church Street, 5th Floor Nashville, Tennessee 37219 (Appeal Only) Attorneys for Defendant/Appellant Judge: BEN H. CANTRELL First Paragraph: The trial court granted the parties a divorce, and awarded joint custody of the four children of the marriage to both parents. Actual physical custody of the two older children was granted to the father; physical custody of the two younger children was granted to the mother. The father appealed, arguing that he was the more fit parent, that it was error to separate the children, and that he should have been granted physical custody of all four. We reverse the award of joint custody to both parents. In all other respects, we affirm the trial court. URL:http://www.tba.org/tba_files/TCA/JONESJ.OPN.WP6 URL:http://www.tba.org/tba_files/TCA/JONESJ.CON.WP6 BILL KIGER, PAYNE C. GORDON, BARBARA BRIDGES, CHARLES CARMEN and JEAN HOLMES, in their capacity as officers of the Nashville Electric Service Employees Association, Inc., VS. BETTY NIXON, DR. ALBERT BERRY, JAMES JOHNSON, KEVIN LAVENDER and TOM JACKSON, in their capacities as members of the Electric Power Board and the Electric Employees Civil Service and Pension Board of the Metropolitan Government of Nashville and Davidson County, Tennessee, Court:TCA MARIAN F. HARRISON JEFFREY RAPPUHN WILLIS & KNIGHT Nashville, Tennessee Attorneys for Appellants D. KIRK SHAFFER NANCY A. VINCENT STOKES & BARTHOLOMEW, P.A. Nashville, Tennessee Attorneys for Appellees Judge: ALAN E. HIGHERS First Paragraph: Petitioners are officers of the Nashville Electric Service Employees Association (NESEA), who brought this action seeking to invalidate the decision of the Board of Directors (Board) of the Nashville Electric Service (NES) to outsource its data processing operations to a private sector vendor. Petitioners alleged that the Board exceeded its jurisdiction and violated certain provisions of the Metropolitan Charter. The trial court granted summary judgment in favor of the Board, holding that the Boards decision was within its jurisdiction and was supported by substantial and material evidence. It is from this judgment that petitioners have appeal URL:http://www.tba.org/tba_files/TCA/KIGER.OPN.WP6 ARTHUR WELLING LAGRONE, VS. SALLI EULALIA LAGRONE, Court:TCA Herbert R. Rich of Nashville For Appellee Carol L. McCoy of Nashville For Appellant Judge: W. FRANK CRAWFORD First Paragraph: This appeal involves a dispute concerning the provisions of a Marital Dissolution Agreement incorporated in a divorce decree and a Qualified Domestic Relations Order entered pursuant thereto. URL:http://www.tba.org/tba_files/TCA/LAGRONE.OPN.WP6 SYLVESTER LOGAN, v. HOWARD RICHARDS, Court:TCA Jimmie McIntyre of Memphis Richard F. Vaughn of Memphis For Appellant R. Linley Richter of Memphis For Appellee Judge: CRAWFORD First Paragraph: Defendant, Howard Richards, appeals from the judgment of the trial court, sitting without a jury, that awarded damages to plaintiff, Sylvester Logan. URL:http://www.tba.org/tba_files/TCA/LOGAN.OPN.WP6 CHARLES W. MCDONALD, VS. JOYCE L. COTTON Court:TCA Charles W. McDonald of Memphis Pro Se William L. Hagan Friedman, Sissman and Heaton, P.C. of Memphis For Defendant-Appellee Judge: W. FRANK CRAWFORD First Paragraph: This appeal involves a suit by an attorney against his former client for attorneys fees due pursuant to a contract and for a statutory attorneys lien. The complaint of plaintiff, Charles W. McDonald, filed November 22, 1994, alleges that he is a duly licensed attorney in the State of Tennessee, and that he had a written contract of employment with defendant, Joyce LaFaye Cotton, to represent her in connection with her wrongful termination by the State of Tennessee Department of Youth Development. The contract of employment was attached as Exhibit A to the complaint. The complaint avers that as a result of plaintiffs legal services, the defendant was reinstated to her position as a state employee and awarded back pay from the date of her termination. Plaintiff avers that the fees due for legal services is $14,981.00. URL:http://www.tba.org/tba_files/TCA/MCDONCW.OPN.WP6 ESTATE OF FRED MOORE, JR. VS. MRS. FRED (LONDA) MOORE, JR Court:TCA E.E. EDWARDS, III JAMES A. SIMMONS 1707 Division Street, Suite 100 Nashville, Tennessee 37203-2701 ATTORNEYS FOR PLAINTIFF/APPELLANT JAMES V. DORAMUS GREGORY MITCHELL Doramus & Trauger The Southern Turf Building 222 Fourth Avenue North Nashville, Tennessee 37219-2102 ATTORNEYS FOR DEFENDANT/APPELLEE Judge: SAMUEL L. LEWIS First Paragraph: Plaintiff/appellant, Jennifer Ellen Moore Akin, appeals from the chancery court's decision to deny her motion for summary judgment and to grant the motion for summary judgment of defendant/appellee, Mrs. Fred (Londa) Moore, Jr. URL:http://www.tba.org/tba_files/TCA/MOOREEST.OPN.WP6 THERRELL PRESSGROVE and UNITED INSURANCE SERVICE, INC. VS. FRANK BURNS and ELIZABETH BURNS Court:TCA STEPHEN R. LEFFLER Memphis, Tennessee Attorney for Appellants LEWIS K. GARRISON Memphis, Tennessee Attorney for Appellee Judge: ALAN E. HIGHERS First Paragraph: Plaintiff brought this action to enforce a settlement agreement resolving a suit for interference with the peaceful enjoyment of plaintiffs business premises. The trial court held that there existed an enforceable settlement agreement, and entered judgment in favor of plaintiff. Defendants argue on appeal that the agreement was unenforceable because their attorney lacked authorization to offer the subject settlement amount. We find defendants contention to be without merit; therefore, we affirm the trial courts judgment. URL:http://www.tba.org/tba_files/TCA/PRESSGRO.OPN.WP6 MICHELLE QUINN, v. SHELBY COUNTY, Court:TCA CARROLL C. JOHNSON Memphis, Tennessee Attorney for Defendant/Appellant Judge: ALAN E. HIGHERS First Paragraph: In this action for personal injury, Shelby County appeals from the trial courts judgment awarding compensation for permanent partial disability and chiropractic fees to plaintiff. The county contends that the trial court erred in finding that plaintiff suffered permanent partial disability as a result of the accident and in permitting plaintiff to recover her chiropractic fees. We find these allegations of error to be well-taken; therefore, we reverse the trial courts judgment. URL:http://www.tba.org/tba_files/TCA/QUINNM.OPN.WP6 DONALD AND MELISSA RUSSELL, v. ROBERT SCOTT GILES, Court:TCA J. HAROLD NICHOLS SPICER, FLYNN & RUDSTROM Memphis, Tennessee Attorney for Appellant RUSSELL J. JOHNSON Memphis, Tennessee Attorney for Appellees Judge: ALAN E. HIGHERS First Paragraph: This interlocutory appeal involves a suit to recover damages for personal injury and property damage arising out of an automobile accident. Defendant, Robert Scott Giles, appeals from the trial courts denial of his motion for summary judgment. URL:http://www.tba.org/tba_files/TCA/RUSSELLD.OPN.WP6 MICHELLE YOUNG (SMITH), v. RODNEY SMITH, Court:TCA Attorneys: N/A Judge: W. FRANK CRAWFORD, First Paragraph: O R D E R The Opinion in this case was filed August 14, 1996, and on August 28, 1996, plaintiff-appellant lodged with the Clerk of this Court Plaintiff/Appellants Petition for Rehearing. URL:http://www.tba.org/tba_files/TCA/SMITHROD.ORD.WP6 STATE OF TENNESSEE v. WILLIAM S. DEDMON Court:TCCA For the Appellant: For the Appellee: Gerald L. Melton Charles W. Burson District Public Defender Attorney General of Tennessee and and Jeannie Kaess Charlotte H. Rappuhn Assistant Public Defender Assistant Attorney General of Tennessee 201 West Main St. 450 James Robertson Parkway Murfreesboro, TN 37130 Nashville, TN 37243-0493 (ON APPEAL) William C. Whitesell, Jr. Russell N. Perkins District Attorney General Assistant Public Defender and 201 West Main St. John W. Price Murfreesboro, TN 37130 Assistant District Attorney General (AT TRIAL) 303 Rutherford County Courthouse Murfreesboro, TN Judge: Joseph M. Tipton First Paragraph: The defendant, William S. Dedmon, was convicted by a jury in the Rutherford County Criminal Court for forgery, a Class D felony. As a Range I, standard offender, he was sentenced to a minimum term of two years to be served on probation. In this appeal as of right, the defendant contends that (1) the evidence was insufficient to support his conviction, and (2) the trial court erred in admitting four savings withdrawal slips into evidence. We conclude that the evidence was sufficient and that the trial court did not commit error. URL:http://www.tba.org/tba_files/TCCA/DEDMON.OPN.WP6 STATE OF TENNESSEE, v. ERIC W. FRIEDL, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: JAMES R. GARTS, JR. CHARLES W. BURSON One Commerce Square Attorney General and Reporter Suite 2700 Memphis, TN 38103 ELLEN POLLACK Attorney Generals Office 450 James Robertson Parkway Nashville, TN 37243 JOHN PIEROTTI District Attorney General CHARLES BELL Assistant District Attorney 201 Poplar Avenue Memphis, TN 38103 Judge: JERRY L. SMITH First Paragraph: Appellant Eric W. Friedl entered a plea of guilty to the offense of vehicular assault. As part of the plea agreement, the State recommended that he receive a sentence of 1.8 years confinement. No agreement was reached with respect to the issue of whether Appellants sentence would be suspended in whole or in part; that matter was to be determined by the trial court following a hearing. The trial court accepted the guilty plea and, following a hearing, granted Appellant a partial suspension of sentence but ordered him to serve 120 days of weekend confinement in the county workhouse. Appellant claims in this appeal that he should have received full suspension of his sentence. He claims that the trial court adopted an erroneous standard in denying full suspension of the sentence and that there is no proof that confinement is necessary to deter further acts of drunken driving. URL:http://www.tba.org/tba_files/TCCA/FRIEDL.OPN.WP6 STATE OF TENNESSEE, v. PATRICK O. GIPSON, STATE OF TENNESSEE, v. JIMMY G. HARMON Court:TCCA FOR THE APPELLANTS: FOR THE APPELLEE: LIONEL R. BARRETT, JR. CHARLES W. BURSON Washington Square Two-Suite Attorney General and Reporter 222 Second Avenue, North Nashville, TN 37201 KAREN M. YACUZZO Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 VICTOR S. JOHNSON District Attorney General BERNARD F. MCEVOY Assistant District Attorney General Washington Square-Suite 500 222 Second Avenue, North Nashville, TN Judge: DAVID H. WELLES First Paragraph: These are appeals pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. Each Defendant appeals from separate orders of the trial court finding him to be an habitual traffic offender. On appeal, each Defendant argues that the trial court erred by not dismissing the States petition to have him declared an habitual offender on the grounds that the petition was barred by the District Attorney Generals delay in bringing the petition or by the equitable doctrine of laches. We disagree and affirm the judgments of the trial court. URL:http://www.tba.org/tba_files/TCCA/GIPSON.OPN.WP6 FRANK GLENN HALL,v. DAVID MILLS, WARDEN, and STATE OF TENNESSEE Court:TCCA For the Appellant: For the Appellee: Frank Glenn Hall, Pro Se Charles W. Burson Turney Center Ind. Prison Attorney General and Reporter Route No. 1 Only, TN 37140-9709 Cyril V. Fraser Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 Joseph D. Baugh, Jr. District Attorney General Ronald Davis Asst. District Attorney General Judge: David G. Hayes First Paragraph: The appellant, Frank Glenn Hall, appeals as of right from the Hickman County Circuit Court's denial of his application for writ of habeas corpus. He is currently confined at the Turney Center facility of the Department of Correction where he is serving a fifty year sentence for ten armed robbery convictions. The appellant's convictions, resulting from a jury verdict in Rutherford County, were affirmed by this court on appeal. State v. Frank Glenn Hall, No. 88-186-III, (Tenn. Crim. App. at Nashville, Feb. 9, 1989). In February, 1992, the appellant petitioned for post-conviction relief claiming ineffectiveness of trial counsel. The Rutherford County Criminal Court denied the appellant's claim for post-conviction relief. This dismissal was affirmed by this court. Frank Glenn Hall v. State, No. 01C01-9205-CC-00157 (Tenn. Crim. App., Sept. 8, 1992). URL:http://www.tba.org/tba_files/TCCA/HALLGLEN.OPN.WP6 STATE OF TENNESSEE, v. SHERRY HAYNES, Court:TCCA FOR THE APPELLEE: FOR THE APPELLANT: SHARA A. FLACY CHARLES W. BURSON District Public Defender Attorney General and Reporter JOHN R. WINGO KAREN M. YACUZZO Assistant Public Defender Assistant Attorney General 128 North Second Street 450 James Robertson Parkway Pulaski, TN 38478 Nashville, TN 37243-0493 MIKE BOTTOMS District Attorney General 252 North Military Avenue Lawrenceburg, TN 38464 Judge: DAVID H. WELLES First Paragraph: This is an appeal pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. The State of Tennessee appeals from a judgment of the trial court which allowed the Defendant to serve her four-year sentence for vehicular homicide and vehicular assault in the Community Corrections Program. We reverse the trial courts judgment and remand this case for further sentencing proceedings. URL:http://www.tba.org/tba_files/TCCA/HAYNESS.OPN.WP6 STATE OF TENNESSEE, v. CHARLES EDWARD JACKSON, w/CONCURRING OPINION Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: ARDENA J. GARTH CHARLES W. BURSON District Public Defender Attorney General & Reporter DONNA ROBINSON MILLER DARIAN B. TAYLOR Asst. District Public Defender Asst. Attorney General 701 Cherry St., Suite 300 450 James Robertson Pkwy. Chattanooga, TN 37402 Nashville, TN 37243-0493 GARY D. GERBITZ District Attorney General LELAND DAVIS Asst. District Attorney General Judge: JOHN H. PEAY First Paragraph: The defendant was charged in the indictment with attempted first-degree murder. He was found guilty at a jury trial and was sentenced to twenty-two years in the Department of Correction. In this appeal as of right, the defendant challenges the sufficiency of the convicting evidence and the length of his sentence. We find that the defendants issues are without merit,and his conviction and sentence are therefore affirmed. URL:http://www.tba.org/tba_files/TCCA/JACKSONC.OPN.WP6 URL:http://www.tba.org/tba_files/TCCA/JACKSONC.CON.WP6 STATE OF TENNESSEE, v. LESLIE HUEL SMITH, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Terry J. Canady Charles W. Burson 211 Printers Alley Bldg. Attorney General & Reporter Suite 400 450 James Robertson Parkway Nashville, TN 37201 Nashville, TN 37243-0497 (On Appeal) Christina S. Shevalier Mark J. Fishburn Assistant Attorney General Parkway Towers, Suite 2121 450 James Robertson Parkway 404 James Robertson Parkway Nashville, TN 37243-0493 Nashville, TN 37219 (At Trial) Victor S. Johnson, III District Attorney General 222 Second Avenue North, Suite 500 Nashville, TN 37201-1649 Jon P. Seaborg Assistant District Attorney General 222 Second Avenue North, Suite 500 Nashville, TN 37201-1649 Patty S. Ramsey Assistant District Attorney General 222 Second Avenue North, Suite 500 Nashville, TN 37201-1649 Judge: Joe B. Jones First Paragraph: The appellant, Leslie Huel Smith, was convicted of murder in the second degree, a Class A felony, and theft under $10,000, a Class D felony, by a jury of his peers. The trial court found that the appellant was a standard offender and imposed the following Range I sentences: (a) murder second degree, confinement for twenty five (25) years in the Department of Correction and (b) theft, confinement for eight (8) years in the Department of Correction. These sentences are to be served consecutively to an Alabama sentence. In this case, the appellant presents three issues for review. He contends that the evidence is insufficient to support his convictions, the trial court erred in denying his motion to dismiss on the ground the state did not try him within the time constraints of the Interstate Compact on Detainers, and he was denied his constitutional right to the effective assistance of counsel. URL:http://www.tba.org/tba_files/TCCA/SMITHUEL.OPN.WP6 STATE OF TENNESSEE, v. KENNETH WILSON, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: GERALD STANLEY GREEN CHARLES W. BURSON 301 Washington Avenue Attorney General and Reporter Memphis, TN 38103 BERNARD W. GREENE Assistant Attorney General 500 Charlotte Avenue Nashville, TN 37243-0496 JOHN W. PIEROTTI District Attorney General KEVIN RARDIN Assistant District Attorney General Shelby County District Attorneys Office Judge: DAVID H. WELLES First Paragraph: This is an appeal as of right pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. The Defendant was convicted on a jury verdict of theft of property with a value over $60,000. He appeals his conviction presenting four issues for review: (1) That the trial court erred when it instructed criminal responsibility and by not instructing ignorance or mistake of fact; (2) that the law enforcement officials exhibited outrageous conduct constituting entrapment, and that the trial court erred in not instructing as to entrapment; (3) that the evidence presented at trial was insufficient to support the verdict of guilt; and (4) that the proof of the value of the shirts was insufficient to sustain a conviction for theft over $60,000. URL:http://www.tba.org/tba_files/TCCA/WILSONK.OPN.WP6 STATE OF TENNESSEE, v. SANDY EUGENE WOMACK, Court:TCCA For the Appellant: For the Appellee: Collier W. Goodlett Charles W. Burson Asst. Public Defender Attorney General and Reporter 109 South Second Street Clarksville, TN 37040 Mary Ann Queen Legal Assistant William David Bridgers Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 John Wesley Carney, Jr. District Attorney General Arthur Bieber Asst. District Attorney General 204 Franklin Street, Suite 200 Clarksville, TN 37040 Judge: David G. Hayes First Paragraph: The appellant, Sandy Eugene Womack, appeals from the Montgomery County Criminal Courts denial of his petition seeking post-conviction relief. The appellant was convicted in 1989 of one count of armed robbery and one count of robbery. The appellant is currently serving a 50 year sentence and a concurrent 15 year sentence for these convictions. The convictions and sentences were affirmed on direct appeal. State v. Womack, No. 01C01-9003 CC-00077 (Tenn. Crim. App. at Nashville), perm to appeal denied, (Tenn. 1990). In this appeal, the appellant contends that he received ineffective assistance of counsel at trial. URL:http://www.tba.org/tba_files/TCCA/WOMACKSE.OPN.WP6
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