Here is today's issue of TBALink Opinion-Flash. What follows is the document name, first paragraph and the names of the attorneys for the parties (If you know one of them you might want to give them a call, chances are they don't know about the opinion yet) of each electronic opinion/rules released TODAY from the three appellate courts.
- 00-New Opinons From TSC
- 00-New Opinons From TSC-Rules
- 03-New Opinons From TSC-Workers Comp Panel
- 04-New Opinons From TCA
- 03-New Opinons From TCCA
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HARLEY R. RUCKER,v. ROCKWOOD ELECTRIC UTILITIES, et al, Court:TSC - Workers Comp Panel For the Appellant: For the Appellee: James L. Milligan, Jr. John T. Batson, Jr. 607 Market St., 10th Flr. Suite 1700, First Tennessee Plaza Knoxville, TN 37902 800 S. Gay Street P. O. Box 313 Knoxville, TN 37902 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. S 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. Plaintiff was injured when he fell and hit his arm on a buzz saw while cutting trees along utility lines as an employee of Woodland Tree Service, which had a contract to cut the trees for Rockwood Electric Utilities. URL:http://www.tba.org/tba_files/TSC_WCP/RUCKER.OPN.WP6 BARBARA WALLACE, v. CADILLAC CURTAIN COMPANY, Court:TSC - Workers Comp Panel FOR APPELLANT: FOR APPELLEE: Steven C. Grubb Thomas F. Preston 5400 Poplar Avenue, Suite 300 Brinkley Plaza Memphis, TN 38119-3680 80 Monroe Avenue, Suite 500 Memphis, TN 38102-2465 Judge: CLARK First Paragraph: This worker's compensation appeal has been referred to the special worker's compensation appeals panel of the Supreme Court in accordance with Tenn. Code Ann. S50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. Trial in this matter was conducted February 9, 1995. On May 22, 1995, the Chancellor entered a final judgment denying compensation to plaintiff and dismissing her lawsuit. URL:http://www.tba.org/tba_files/TSC_WCP/WALLACE.OPN.WP6 BRIAN MATTHEW WOOSLEY, v. TOWNSEND ELECTRIC COMPANY, Court:TSC - Workers Comp Panel For Appellant: For Appellee: James E. Conley, Jr. & John Dotson George L. Morrison III Thomason Hendrix 201 East Baltimore 2900 One Commerce Square Jackson, TN Memphis, TN Judge: Holder First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court pursuant to Tenn. Code Ann. S 50-6 225(e)(3) for hearing and reporting of findings of fact and conclusions of law. Our scope of review of findings of fact by the trial court is de novo upon the record of the trial court, accompanied by a presumption of correctness, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. S 50-6-225(e)(2). The sole question raised on appeal is whether the evidence preponderates against the chancellor's holding that the employee's injury arose out of the course and scope of his employment. For the reasons set forth below, we affirm the trial court. URL:http://www.tba.org/tba_files/TSC_WCP/WOOSLEY.OPN.WP6 CAROLYN J. HUNT, and husband, FRANK HUNT, v. MARK J. SHAW, Court:TCA For Appellants For Appellee JOHN M. WOLFE, JR. JOHN T. RICE Chattanooga, Tennessee KEN E. JARRARD Rice, Kreitzer & Winer, P.C. Chattanooga, Tennessee Judge: Susano First Paragraph: Over a period of 39-1/2 months, the plaintiffs, Carolyn J. Hunt and her husband, Frank Hunt, filed three separate complaints in the trial court against the defendant Mark J. Shaw. The complaints were identical in substance; each sought damages arising out of personal injuries sustained in an automobile accident on December 22, 1990. The trial court granted the defendant's motion to dismiss. The plaintiffs appealed. The basic issue before us is whether the third complaint was timely filed. The plaintiffs also seem to argue that their second lawsuit was properly served and, furthermore, was never formally dismissed. URL:http://www.tba.org/tba_files/TCA/HUNTCJ.OPN.WP6 PERSHING McCARTER, v. BARBARA McCARTER, Court:TCA FRANK L. FLYNN, JR., Pryor, Flynn, Priest & Harber, Knoxville, for Appellant. G. KENNETH GILLILAND, Sevierville, for Appellee. Judge: McMurray First Paragraph: This is an appeal from a judgment in a divorce action. The marriage was of very short duration. The court granted a divorce to the appellee husband (plaintiff) and divided the marital property between the parties. The plaintiff was, among other things, required to pay rehabilitative alimony for twenty-four months and to pay the appellant-wife (defendant) for certain items of household furnishings that she had given up because of the marriage. Additionally, the court required the plaintiff to pay the defendant's attorney fees in the amount of $5,000.00. URL:http://www.tba.org/tba_files/TCA/MCCARTER.OPN.WP6 JONATHAN K. SHIPLEY v. THE PERSONNEL ADVISORY BOARD FOR THE CITY OF OAK RIDGE, TN, et al. Court:TCA DAVID A. STUART OF CLINTON FOR APPELLANT LEWIS R. HAGOOD and ROBERT N. TOWNSEND OF KNOXVILLE FOR JEFFREY J. BROUGHTON AND THE CITY OF OAK RIDGE ROBERT W. WILKENSON OF OAK RIDGE FOR THE PERSONNEL ADVISORY BOARD AND THE MEMBERS THEREOF Judge: Goddard First Paragraph: This is an appeal from a judgment entered by the Anderson County Circuit Court upholding an administrative decision of the Defendant Personnel Advisory Board of the City of Oak Ridge. The PAB affirmed the decision of Jeffery J. Broughton, Oak Ridge City Manager, to terminate the employment of Plaintiff Jonathan K. Shipley, a police officer for the City of Oak Ridge. URL:http://www.tba.org/tba_files/TCA/SHIPLEY.OPN.WP6 BEE STRICKLAND, v. ANDERSON DYE and ISAAC McLEMORE Court:TCA A. WAYNE HENRY, Loudon, for Appellant. JOHN CARSON III, White, Carson & Alliman, for Appellees. Judge: McMurray First Paragraph: This case originated as a boundary line dispute. Suit was filed in 1979. After a trial on the merits, the judgment was set aside on the grounds of newly discovered evidence. The case was eventually referred to a Special Master. The Special Master's report was ratified by the Chancery Court for Monroe County and incorporated into a judgment. The judgment was filed with the clerk and master on November 13, 1995. The appellant's brief states that in early December, 1995, the Appellant mailed a Motion for a New Trial or in the Alternative to Alter or Amend the Judgment to the clerk and master. The clerk and master, however, never received the motion, and the judgment became final. These facts are not disputed. URL:http://www.tba.org/tba_files/TCA/STRICKBE.OPN.WP6 STATE OF TENNESSEE, v. ANTHONY WAYNE BERNDT Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: David Gall Charles W. Burson Assistant Public Defender Attorney General & Reporter 1209 Euclid Avenue 500 Charlotte Avenue Knoxville, TN 37921 Nashville, TN 37243-0497 OF COUNSEL: Timothy F. Behan Assistant Attorney General Mark E. Stephens 450 James Robertson Parkway District Public Defender Nashville, TN 37243-0493 1209 Euclid Avenue Knoxville, TN 37921 Randall E. Nichols District Attorney General 400 Main Street Knoxville, TN 37901-1468 Charme P. Johnson Assistant District Attorney General 400 Main Street Knoxville, TN 37901-1468 Judge: Joe B. Jones First Paragraph: The appellant, Anthony Wayne Berndt, was convicted of rape of a child, a Class A felony, by a jury of his peers. The trial court found that the appellant was a standard offender and imposed a Range I sentence consisting of confinement for seventeen (17) years in the Department of Correction. One issue is presented for review. He contends that the "trial court erred in overruling [his] request to charge the jury as to the lesser included offense of aggravated sexual battery." After a thorough review of the record, the briefs submitted by the parties, and the authorities which govern the issue presented by the appellant, it is the opinion of this Court that the judgment of the trial court should be affirmed pursuant to Rule 20, Tennessee Court of Criminal Appeals. URL:http://www.tba.org/tba_files/TCCA/BERNDT.OPN.WP6 STATE OF TENNESSEE, v. KENNETH W. ERVIN, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: R. Mack Garner Charles W. Burson District Public Defender Attorney General & Reporter 419 High Street 500 Charlotte Avenue Maryville, TN 37804 Nashville, TN 37243-0497 Elizabeth T. Ryan Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 Michael L. Flynn District Attorney General 363 Court Street Maryville, TN 37804-5906 Edward P. Bailey, Jr. Asst. District Attorney General 363 Court Street Maryville, TN 37804-5906 Judge: Joe B. Jones First Paragraph: The appellant, Kenneth W. Ervin, appeals as of right from a judgment of the trial court revoking his community corrections sentence and increasing his total sentence by one (1) year. The appellant candidly admits that he "clearly violated the rules of his Community Corrections contract in several respects." He presents the following issue for review: "[W]hether or not the trial court acted within its discretion in resentencing the Appellant to five years instead of the four years to which he was originally sentenced." After a thorough review of the record, the briefs submitted by the parties, and the law governing the issue raised by the appellant, it is the opinion of this Court that the judgment of the trial court should be affirmed. URL:http://www.tba.org/tba_files/TCCA/ERVINKW.OPN.WP6 STATE OF TENNESSEE, v. RICKY LYNN MOORE Court:TCCA For Appellant: For Appellee: Mack Garner Charles W. Burson District Public Defender Attorney General & Reporter 419 High Street Maryville, TN 37804 Elizabeth T. Ryan Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 Mike Flynn District Attorney General 363 Court Street Maryville, TN 37801 Judge: GARY R. WADE First Paragraph: The defendant, Ricky Lynn Moore, pled guilty to one count of burglary and one count of theft over $1000. At the time of these offenses, the defendant was on intensive probation for a 1992 aggravated robbery conviction. The plea agreement provided for Range I, concurrent two-year sentences on each count and restitution in the amount of $6550. After revoking probation and ordering the defendant to serve his eight-year robbery sentence, the trial court ordered the burglary and theft sentences to be served consecutively to the eight-year robbery sentence. The single issue on appeal is whether the trial court erred by ordering the sentences to be served consecutively. We affirm the trial court. URL:http://www.tba.org/tba_files/TCCA/MOORE.OP2.WP6
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