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JANICE HOLDER, v. TENNESSEE JUDICIAL SELECTION COMMISSION and GEORGE T. LEWIS, III, ESQ., In his Official Capacity as Chairperson of the Tennessee Judicial Selection Commission, Court:TSC For Appellants: For Appellee: Paul C. Ney, Jr. Jef Feibelman Gregory Mitchell Susan Clark DORAMUS & TRAUGER BURCH, PORTER & JOHNSON Nashville, Tennessee Memphis, Tennessee and John A. Day BRANHAM & DAY Nashville, Tennessee Judge: ANDERSON First Paragraph: We granted this expedited appeal to determine a question of unusual public importance - whether the issue considered in part VI of the Special Supreme Court's October 2, 1996 opinion, the residency requirements for the current Supreme Court vacancy, was before that Court for determination. That question is presented in this case. Consequently, if the Special Supreme Court did not have subject matter jurisdiction of that issue, it must be resolved in this proceeding. URL:http://www.tba.org/tba_files/TSC/JUDSELE2.OPN.WP6 ROGER L. McCLUNG, Individually and on behalf of his Minor Children, BRIDGET L. McCLUNG, KYLE L. McCLUNG, and BENJAMIN L. McCLUNG, v. DELTA SQUARE LIMITED PARTNERSHIP, a North Carolina Limited Partnership, DELTA SQUARE G. P., INC., a North Carolina Corporation, SAMUEL M. LONGIOTTI, and WAL-MART STORES, INC., a Delaware Corporation, Court:TSC For Appellant: For Appellee Delta Square Limited Partnership, Delta Square G. P., Inc., Bruce S. Kramer and Samuel M. Longiotti Melissa R. Magee BOROD & KRAMER John D. Richardson Memphis, TN Kevin Combs THE RICHARDSON LAW FIRM For Amicus Curiae: Memphis, TN Tom Nelson For Appellee Wal-Mart Stores, Inc. National Victim Center Arlington, VA W.O. Luckett, Jr. ROSSIE, LUCKETT, PARKER & LAUGHLIN Memphis, TN Jeffrey R. White Association of Trial Lawyers of America Washington, D.C. John H. Stein National Organization for Victim Assistance Washington, D.C. Tracy Shaw Alice Margaret Essary Internation Mass Retail Association Nashville, TN Kenneth R. Shuttleworth Archie Sanders, III Tennessee Defense Lawyers Association Memphis, TN R. Sadler Bailey Tennessee Trial Laywers Association Memphis, TN Mary Ann Parker Trial Lawyers for Public Justice, P.C. Nashville, TN Leslie Bruechner Trial Lawyers for Public Justice, P.C. Washington, D.C. Jane Nady Burnley Victims' Assistance Legal Organization, Inc. McLean, VA Judge: WHITE, J. First Paragraph: This case presents the question of the continued viability of Cornpropst v. Sloan, 528 S.W.2d 188 (Tenn. 1975), in which this Court strictly limited the duty of care owed by owners and occupiers of business property to customers. Here, plaintiff's wife, a customer at a shopping center, was abducted from the parking lot, and later raped and murdered. Plaintiff sought recovery against defendants, owners, operators, and tenants, based on negligence for not providing security in their parking lot. The trial court granted summary judgment in favor of defendants and the Court of Appeals affirmed. We granted plaintiff's application for permission to appeal to review the standard for determining business owner liability for injuries occurring on the business premises and caused by the criminal acts of third parties. URL:http://www.tba.org/tba_files/TSC/MCCLUNGR.OPN.WP6 STATE OF TENNESSEE, v. SMOKY MOUNTAIN SECRETS, INC.,d/b/a TASTE OF TENNESSEE, ET AL., Court:TSC For Plaintiff-Appellant: For Defendants-Appellees: Charles W. Burson S. Russell Headrick Attorney General & Reporter Paul E. Prather Nashville Kathy Laughter Laizure Armstrong, Allen, Prewitt, Michael E. Moore Gentry, Johnston & Holmes Solicitor General Memphis Nashville Elizabeth P. McCarter Senior Counsel Nashville Judge: REID First Paragraph: This case presents for review the decision of the Court of Appeals regarding the constitutionality of certain provisions of the Tennessee Charitable Solicitations Act. The case, which was initiated by the State as an action for declaratory and injunctive relief, is before the Court on a Rule 9 interlocutory appeal from judgments entered on motions for summary judgment and dismissal. See Tenn. R. App. P. 9. The State appeals from the decision that certain provisions of the Act which discriminate against professional solicitors violate the equal protection provisions of the federal and state constitutions, and from the decision that certain provisions of the Act which impose financial obligations on professional solicitors violate the freedom of speech provisions of those constitutions. The defendants appeal from the decision that certain provisions of the Act which require additional disclosures by professional solicitors do not violate the freedom of speech or equal protection provisions of the state and federal constitutions. URL:http://www.tba.org/tba_files/TSC/SMOKY.OPN.WP6 JUDY G. SPICER, v. BEAMAN BOTTLING COMPANY, BOB BAKER, and DON HOLLINGSHEAD, Court:TSC For Appellant: For Appellees: Joyce M. Grimes James W. Cameron, III Nashville, Tennessee D. Alexander Fardon Leilani Boulware Southard HARWELL HOWARD HYNE GABBERT & MANNER, P.C. Nashville, Tennessee Judge: ANDERSON First Paragraph: In this appeal, we are asked to determine whether the plaintiff's action under the Tennessee Human Rights Act was timely filed within the one-year statute of limitations. The trial court held that a hostile environment existed which did not end until plaintiff's termination, and that therefore her claim of sexual harassment was not barred. The Court of Appeals reversed, holding that no act of sexual harassment occurred within the one-year period, and that the alleged retaliatory actions did not extend the statute under the continuing violation exception to the statute of limitations. URL:http://www.tba.org/tba_files/TSC/SPICER.OPN.WP6 PAMELA D. MILLSAP-FANN, v. AETNA CASUALTY & SURETY COMPANY, Court:TSC - Workers Comp Panel For the Appellant : For the Appellee: T. Kenan Smith Olen G. Haynes Hodges, Doughty & Carson Arnold, Haynes & Sanders 617 Main St. P.O. Box 1879 P.O. Box 869 Johnson City, TN 37605 Knoxville, TN 37901-0869 Judge: INMAN 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. S 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The job-related accident from which the injury and disability arose occurred April 11, 1992. The case was heard January 12, 1996 resulting in a judgment that the plaintiff had sustained a 60 percent disability to her whole body. The employer appeals and presents for review the issue of whether the award is excessive. URL:http://www.tba.org/tba_files/TSC_WCP/millsapx.opn.WP6 CITY OF CHURCH HILL v. DWIGHT S. TAYLOR Court:TCA JOSEPH E. MAY OF CHURCH HILL FOR APPELLANT WILLIAM E. PHILLIPS OF ROGERSVILLE FOR APPELLEE Judge: Goddard First Paragraph: This is a suit by the City of Church Hill, acting by and through the Church Hill Regional Planning Commission, seeking to enjoin Dwight S. Taylor from developing a mobile home park outside the city limits of the City of Church Hill, but within an area controlled by the Planning Commission. URL:http://www.tba.org/tba_files/TCA/churmay.opn.WP6 ARTHUR v. CLANCY, JR., KATHERINE C. MURPHY, MARY C. KERLEY, JOSEPHINE C. SWIKARD, and ELIZABETH C. KIDD, v. ERIC MICHAEL GEORGESON and JAMES R. FITZGERALD, Court:TCA NEAL S. MELNICK and LAWRENCE E. AULT, Knoxville, for Appellants. JOHN M. NORRIS, Strawberry Plains, for Appellees. Judge: McMurray First Paragraph: This case involves a lease agreement entered into between the appellants (defendants) and the appellees (plaintiffs). Among other things, the lease obligated the defendants to pay the city and county property taxes on the leased premises during the term of the lease. Pllaintiffs instituted this action to recover rent, taxes and prejudgment interest. After a bench trial the court entered a judgment against the defendants for $32,507.09, representing rent, taxes and prejudgment interest. On this appeal, the appellants challenge only the ruling of the court regarding prejudgment interest on the amount of the taxes. We affirm the trial court. URL:http://www.tba.org/tba_files/TCA/clancy32.opn.WP6 WILLIAM R. CROSS and wife, LYNDA J. CROSS, v. CITY OF MORRISTOWN, Court:TCA C. EDWARD DANIEL, Knoxville, for plaintiffs-appellants. ROBERT W. WILLINGHAM and PAMELA L. REEVES, Watson, Hollow & Reeves, Knoxville, for defendant-appellee. Judge: McMurray First Paragraph: The sole issue presented on this appeal is whether the trial court erred in his award of damages to the plaintiff, William R. Cross. The plaintiff contends that the preponderance of the evidence requires an increase in the amount of damages awarded. Upon consideration of the record, we agree that the preponderance of the evidence requires a greater award of damages. Accordingly, we modify the judgment of the trial court to reflect an increase in damages. URL:http://www.tba.org/tba_files/TCA/cross318.opn.WP6 HAROLD E. ELKINS, v. JOHN F. MILLER, Court:TCA Dudley W. Taylor and David H. Jones, Knoxville, For the Appellant Edwin L. Treadway and Mark S. Dessauer, Knoxville, For the Appellee Judge: INMAN First Paragraph: This case arises out of the parties' investments, and their investment practice, with Joseph C. Taylor, deceased. Narrowly drawn, the plaintiff alleges that, in October 1995, he was induced by Taylor to loan to Taylor and the defendant the sum of $181,915.00 which would, post facto, be evidenced by a promissory note and appropriate collateral. To accomplish this, the plaintiff purchased three (3) cashier's checks on October 25, 1996from as many banks, payable to the defendant, and delivered them to Taylor, who delivered them to the defendant. The three checks aggregated $181,915.00 URL:http://www.tba.org/tba_files/TCA/elkinsx.opn.WP6 JAHN & JAHN, Attorneys, v. SQUARE ENTERPRISES, INC., WILLIAM T. GRIFFIN and wife, PEARL T. GRIFFIN, Court:TCA RICHARD P. JAHN, JR., and J. CHRISTOPHER CLEM, Jahn and Weeks, Chattanooga for appellants. C. CREWS TOWNSEND and W. SCOTT PARRISH, Miller and Martin, Chattanooga, for Appellees. Judge: McMurray First Paragraph: This is an action for the collection of attorney fees. The plaintiff, Jahn & Jahn, Attorneys, and its predecessor firms, filed suit to collect fees for work performed dating back to at least 1975. Suit was filed in 1986, but the trial was delayed several times due to negotiations and the poor health of the parties. URL:http://www.tba.org/tba_files/TCA/jahnr322.opn.WP6 KYLE A. JUSTICE, v.JOSEPH G. COKER, KYLE A. JUSTICE, v. BENNY GREEN, KENNETH JAROCKI, and KELLY JAROCKI, Owners of K.B. STAVES, Court:TCA VIC PRYOR, BASISTA, PRYOR & BALLOFF, Jacksboro, for Plaintiff Appellant. JOSEPH G. COKER, Jacksboro, for Defendants-Appellees. Judge: Franks First Paragraph: These cases are combined on appeal because of the relationship of the parties, and the issues presented. Appellant Justice was the Plaintiff in a contract dispute between him and the owners of K.B. Staves (Appellees Benny Green, Kenneth Jarocki, and Kelly Jarocki). Appellee Joseph Coker represented the owners of K.B. Staves in that litigation. URL:http://www.tba.org/tba_files/TCA/JUSTICEK.OP2.WP6 IN THE MATTER OF: TERMINATION OF PARENTAL RIGHTS OF RICKY LYNN McCOY, AND THE ADOPTION OF AMANDA FAITH McCOY BY CALVIN DOUGLAS WILLIAMS AND SHARON SAUCIER WILLIAMS, Court:TCA For Appellant For Appellees SHERRY B. PATY W. JEFFREY HOLLINGSWORTH Paty, Rymer & Ulin, P.C. MONICA L. ALLIE Chattanooga, Tennessee Stophel & Stophel, P.C. Chattanooga, Tennessee For Guardian Ad Litem BRUCE H. GUTHRIE, II Bruce Guthrie, P.C. Chattanooga, Tennessee Judge: Susano First Paragraph: This is a termination of parental rights case. Calvin Douglas Williams and his wife, Sharon Saucier Williams (collectively "the Williams"), filed a petition seeking to adopt Amanda Faith McCoy (Amanda), who was born on November 12, 1982. As a part of the adoption petition, they also sought to terminate the parental rights of Amanda's natural father, Ricky Lynn McCoy (Father). After finding that Father had abandoned Amanda, the trial court terminated his parental rights and awarded legal custody of Amanda to the Williams. Father appeals, raising three issues that present the following questions: 1. Did the trial court properly terminate Father's parental rights and award custody of Amanda to the Williams? 2. Was Father denied procedural and substantive due process? 3. Did the trial court properly assess all costs, including the fees of the guardian ad litem, against Father? URL:http://www.tba.org/tba_files/TCA/mccoyf.opn.WP6 RHONDA MILLER, v. JERRY LEE MILLER, Court:TCA CYNTHIA M. RICHARDSON, Ogle, Wynn & Radar, Sevierville, for Appellant. RICHARD T. WALLACE, Ogle and Wallace, P.C., Sevierville for Appellee. Judge: McMurray First Paragraph: In this divorce case, the trial court granted a divorce and divided the marital estate. Additionally the wife (plaintiff) was awarded alimony in solido and attorney's fees. From this judgment, the husband (defendant) has appealed. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCA/mille324.opn.WP6 RUBYE J. MURPHY, v. LEE JACKSON, MAIDA PEARSON, and SHELBY BROADCASTING CORPORATION, Court:TCA WILLIAM C. GOSNELL Memphis, Tennessee Attorney for Appellant CHARLES E. CARPENTER Memphis, Tennessee Attorney for Appellees Judge: ALAN E. HIGHERS First Paragraph: In this action, the Plaintiff, Rubye J. Murphy, filed suit against the Defendants, Lee Jackson ("Jackson"), Maida Pearson ("Pearson"), Shelby Broadcasting Corporation ("corporation") and Larry Garrett ("Garrett"), in order to collect upon a promissory note which was signed by Garrett and was secured by an assignment of proceeds due Garrett as shareholder of the corporation. Jackson, Pearson and the corporation responded by filing a counterclaim for interpleader by which they sought to deposit into the court the proceeds due Garrett as shareholder of the corporation. Citing prior chancery court proceedings, the Counter-Defendant, Omega Investment Partners ("Omega"), filed a motion to dismiss in which it asserted that the circuit court lacked subject matter jurisdiction over the proceeds due Garrett as shareholder of the corporation because the chancery court first acquired jurisdiction over the proceeds. The circuit court granted the motion. Subsequently, the circuit court entered summary judgment in favor of Jackson, Pearson and the corporation. For the reasons stated hereafter, we affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCA/murphyr.opn.WP6 IN THE MATTER OF: AMANDA JEAN O'DANIEL, JOHN JULIAN O'DANIEL and wife LAQUITTA GAIL O'DANIEL, v. JEANETTE MARIE MESSIER, Court:TCA JOHN R. BRADLEY Hendersonville, Tennessee ATTORNEY FOR PLAINTIFFS/APPELLEES JEANETTE MARIE MESSIER 790 Green Wave Drive #403 Gallatin, Tennessee 37066 PRO SE FOR DEFENDANT/APPELLANT Judge: HENRY F. TODD First Paragraph: The captioned defendant has appealed from the judgment of the Trial Court denying her petition for visitation with her minor child, now in the custody of the plaintiffs as foster parents. URL:http://www.tba.org/tba_files/TCA/ODANIEL.OPN.WP6 GINA M. C. SANJINES, v. J. ARIEL SANJINES, M.D., Court:TCA J. ARIEL SANJINES, M.D., Pro Se. WILLIAM H. HORTON, Horton, Maddox & Anderson, PLLC, Chattanooga, for appellee. Judge: McMurray First Paragraph: In this case the appellant, J. Ariel Sanjines (defendant) has filed a petition, pro se, asking the circuit court of Hamilton County for a modification of child visitation. The trial court summarily dismissed the petition without affording the appellant any type of hearing. We reverse the judgment of the trial court. URL:http://www.tba.org/tba_files/TCA/sanjinex.opn.WP6 ELLIOTT B. SMITH, JR., M.D., v. JERRY L. GOODSON, Court:TCA RICHARD J. BRAUN, Richard J. Braun and Associates, Nashville, for Appellant. DAVID E. SMITH and W. TYLER CHASTAIN, Hodges, Doughty & Carson, PLLC, Knoxville for Appellee. Judge: McMurray First Paragraph: We are called upon in this appeal to determine whether the trial court erred in dismissing the plaintiff's complaint. Curiously, the plaintiff insists that the trial court dismissed the complaint under the provisions of Rule 12, Tennessee Rules of Civil Procedure, while the appellee insists that the complaint was dismissed on motion for summary judgment. We are unable to ascertain from the record which motion the court sustained, therefore, we have examined both. We affirm the trial court. URL:http://www.tba.org/tba_files/TCA/smithe32.opn.WP6 ROBERT L. SMITH and wife,ESTHER SMITH, v. KENNETH ANDERSON and wife, CYNTHIA ANDERSON, Court:TCA JOHN M. CANNON KENNETH ANDERSON Cannon, Cannon & Cooper, P.C. CYNTHIA ANDERSON 1000 Northchase, Ste. 109 Pro se Goodlettsville, TN 37070-0749 Attorney for Plaintiff/Appellant Judge: WILLIAM H. INMAN First Paragraph: This detainer action was filed in the General Sessions Court on January 5, 1995 to recover possession of real estate and for rent arrearages. Judgment of dismissal was rendered August 3, 1995, and the case was timely appealed to the Circuit Court where it was heard December 4, 1995 on the issue of damages. The appeal was dismissed, in haec verba, for the effective reason that the plaintiffs failed to prove accrued damages. URL:http://www.tba.org/tba_files/TCA/SMITH_RL.OPN.WP6 PORTER WILLIAMS, v. REAL ESTATE APPRAISAL COMMISSION FOR THE STATE OF TENNESSEE, Court:TCA CHARLES W. BURSON Attorney General and Reporter STEVEN M. RODERICK Assistant Attorney General Attorney General's Office Tax Division 404 James Robertson Parkway Suite 2121 Nashville, Tennessee 37243-0489 ATTORNEYS FOR PETITIONER/APPELLANT MICHAEL H. SNEED Suite 1502, Parkway Towers Nashville, Tennessee 37219 ATTORNEY FOR RESPONDENT/APPELLEE Judge: SAMUEL L. LEWIS First Paragraph: Petitioner/appellant, Porter Williams, appeals the chancery court's judgment which confirmed the decision of respondent/appellee, the Real Estate Appraisal Commission for the State of Tennessee, and denied appellant relief under a writ of certiorari. The facts out of which this matter arose are as follows. URL:http://www.tba.org/tba_files/TCA/WMSP.OPN.WP6 STATE OF TENNESSEE, v. JAMES KELLY ALLEN, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: James K. Allen Charles W. Burson Pro Se Attorney General & Reporter 5350 Epps Mill Rd. Christiana, TN 37037 Michael J. Fahey, II Assistant Attorney General William C. Whitesell, Jr. District Attorney General Paul A. Holcombe, III Asst. Dist. Attorney General Judge: PAUL G. SUMMERS First Paragraph: The appellant, James Kelly Allen, was convicted by a jury of criminal trespass and assault. He was sentenced to 11 months and 29 days with all but 5 days of the sentence suspended. The appellant was ordered to pay fines and restitution totaling $3829.00. In his pro se appeal, the appellant contends that he received ineffective assistance of counsel. We affirm the trial court. URL:http://www.tba.org/tba_files/TCCA/ALLENJK.OPN.WP6 NEIL E. BRIDGES, v. STATE OF TENNESSEE, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: TERRY J. CANADY CHARLES W. BURSON 211 Printer's Alley Building Attorney General and Reporter Suite 400 Nashville, TN 37201 ELLEN H. POLLACK Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 VICTOR S. JOHNSON District Attorney General JON SEABORG Assistant District Attorney General Washington Square Building 222 Second Avenue, North Nashville, TN 37201 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 appeals from an order of the trial court denying him post-conviction relief. The Defendant presents one issue for review: that he was incompetent to enter a guilty plea. We affirm the action of the trial court. URL:http://www.tba.org/tba_files/TCCA/BRIDGESN.OP2.WP6 STATE OF TENNESSEE, v. TONY D. BURTON, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Charles S. Ramsey, Jr. Charles W. Burson Attorney at Law Attorney General & Reporter 113 West Court Square McMinnville, TN 37110 Sarah M. Branch Assistant Attorney General C. Michael Layne District Attorney General Stephen E. Weitzman Asst. Dist. Attorney General Judge: PAUL G. SUMMERS First Paragraph: The appellant, Tony D. Burton, was convicted by a jury of driving under the influence of an intoxicant, third offense, and violation of the implied consent law. He was sentenced to 11 months and 29 days in the county jail. His sole contention on appeal is that his sentence is excessive. URL:http://www.tba.org/tba_files/TCCA/BURTONTD.OPN.WP6 STATE OF TENNESSEE, v.BEN INGRAM, Court:TCCA For the Appellant: For the Appellee: Dan R. Alexander Charles W. Burson 2016 8th Avenue, South Attorney General of Tennessee Nashville, TN 37204 and Karen M. Yacuzzo A. Jackson Dearing, III Assistant Attorney General of Tennessee 117 South Main Street 450 James Robertson Parkway Shelbyville, TN 37160 Nashville, TN 37243-0493 William Michael McCowan District Attorney General 215 E. College P.O. Box 904 Fayetteville, TN 37334 and Weakley E. Barnard Assistant District Attorney General Marshall County Courthouse Lewisburg, TN 37091 Judge: Joseph M. Tipton First Paragraph: The defendant, Ben Ingram, pled guilty in the Marshall County Circuit Court to three counts of selling over one-half gram of cocaine base, a Schedule II controlled substance. As a Range I, standard offender, the defendant received for these Class B felonies three concurrent eight-year sentences. However, the trial court ordered the defendant to be placed in the community corrections program, subject to serving 365 days in jail (work release granted), followed by 323 days house arrest, with the balance of the sentence to be suspended with the defendant on probation for a period of ten years. In this appeal as of right, the defendant contends that the trial court erred in allowing a presentence report to be considered which contained information regarding a mere arrest and in imposing too severe a sentence . We believe the defendant was properly sentenced. URL:http://www.tba.org/tba_files/TCCA/INGRAMB.OPN.WP6
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