-
TBALink Opinion-Flash
October 31, 1996 -- Volume #2 -- Number #93
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.
- This Issue IN THIS ORDER:
- 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
- 00-New Opinons From TSC
There are three ways to get the full opinion from the Web: (TBALink members only)
- Do a key word search in the Search Link area of TBALink.This option will allow you to view and save a
plain text version of the opinion.
- *NEW* Browse the Opinion List area of TBALink. This option will allow you to download the original
WP 6.0 document. version of the opinion.
- Click the URL Link at end of each Opinion paragraph below. This option will allow you to download the original WP 6.0 document.
George Dean
TBALink Chief Editor
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
Feel free to forward this Opinion-Flash on to any attorney you know of with an internet address, who is not a TBALink member. To Join TBALink - Http://www.tba.org/join.html/
Would you like to receive the TBALink Opinion-Flash each day via e-mail?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE
3) Leave the body of the message blank
Non TBA members are WELCOME to subscribe...it's free!!
Would you like to STOP receiving the TBALink Opinion-Flash?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: UNSUBSCRIBE
3) Leave the body of the message blank
© Copyright 1998 Tennessee Bar Association - This Issue IN THIS ORDER: