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TBALink Opinion-Flash
November 6, 1996 -- Volume #2 -- Number #97
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 Opinions From TSC
- 00-New Opinions From TSC-Rules
- 02-New Opinions From TSC-Workers Comp Panel
- 04-New Opinions From TCA
- 02-New Opinions From TCCA
- 00-New Opinions From TSC
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- 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
JAMES RAYMOND CASEY,v. THE TRAVELERS INSURANCE COMPANY, Court:TSC - Workers Comp Panel For Appellant: For Appellee: S. Newton Anderson T. J. Emison, Jr. Memphis, Tennessee Alamo, 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's insurer contends (1) the award of permanent partial disability benefits is excessive, (2) the award of temporary total disability benefits is excessive and (3) the trial court erred in granting plaintiff's motion for discretionary costs. As discussed below, the panel concludes the judgment should be modified. The employee or claimant, Casey, is 29 years old and has a tenth grade education. His working experience consists of light to medium manual labor. URL:http://www.tba.org/tba_files/TSC_WCP/CASEYJR.OPN.WP6
CHARLES TOLAN, v. ED BROWN,
Court:TSC - Workers Comp Panel
For Appellant: For Appellee:
William J. Brown D. Mitchell Bryant
Brown & Miller Jenne, Scott & Bryant
Cleveland, Tennessee Cleveland, 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. The issue in this appeal
is whether the defendant-appellee, Brown, is a statutory or principal
employer of the plaintiff-appellant or claimant. The panel concludes
that the judgment should be affirmed.
URL:http://www.tba.org/tba_files/TSC_WCP/TOLAVBRO.OPN.WP6
BARBARA BEEM, v. ROBERT ALAN BEEM,
Court:TCA
David E. Caywood,
Marc E. Reisman,
CAUSEY, CAYWOOD, TAYLOR, McMANUS & BAILEY, Memphis, Tennessee
Attorneys for Defendant/Appellant.
Kay Farese Turner,
Charles W. McGhee,
TURNER & McGHEE, Memphis, Tennessee
Attorneys for Plaintiff/Appellee.
Judge: FARMER
First Paragraph:
Defendant-Appellant, Robert Alan Beem ("Husband"), appeals the
judgment of the trial court ordering him to pay child support,
alimony, and attorney's fees to Plaintiff-Appellee, Barbara Beem
("Wife").
URL:http://www.tba.org/tba_files/TCA/BEEM.OPN.WP6
GLENN T. McCOLPIN,
v.
NORTH ATLANTIC CASUALTY & SURETY INSURANCE COMPANY, INC.,
Court:TCA
Howard B. Barnwell, Jr., of Chattanooga
For Plaintiff-Appellant
Donald E. Warner and Sean Antone Hunt of
Leitner, Warner, Moffitt, Williams, Dooley & Napolitan, PLLC,
of Chattanooga, For Defendant-Appellee
Judge: W. FRANK CRAWFORD
First Paragraph:
This is a suit for damages against an insurance company for the
alleged breach of a lawyer's professional liability insurance policy.
Plaintiff, Glenn McColpin, appeals from the judgment of the chancery
court for the defendant, North Atlantic Casualty & Surety Insurance
Company, Inc. (hereinafter, "North Atlantic").
URL:http://www.tba.org/tba_files/TCA/MCCOLPIN.OPN.WP6
TYRUS C. RAGLAND AND BONNIE S. RAGLAND, Husband and Wife, and GUY
TREECE AND MARLA TREECE, Husband and Wife,
v.
SIDNEY FEUERSTEIN AND BETSY FEUERSTEIN,
Court:TCA
M. Anderson Cobb, Jr.
W. Marshall Pearson
Memphis, Tennnessee
Plaintiffs/Appellees
Jack F. Marlow
Memphis, Tennessee
Attorney for Defendants/Appellants
Judge: HOLLY KIRBY LILLARD
First Paragraph:
RULE 10 ORDER AND OPINION
This matter appears appropriate for consideration pursuant to Rule
10(b) of the Rules of the Court of Appeals of Tennessee.
Defendant-Appellants Sidney and Betsy Feuerstein ("Feuersteins")
appeal the Chancery Court's order in favor of Plaintiff-Appellees
Tyrus Ragland and other neighbors enjoining the Feuersteins from
building a greenhouse on their property in violation of a restrictive
covenant. The Feuersteins and the plaintiff neighbors own residences
in the Greentrees Subdivision in Memphis, Shelby County, Tennessee.
The deeds to the parties' residences are subject to the following
restriction: No structure shall be erected, placed, altered, or
permitted to remain on any lot in the subdivision, other than one
detached single-family dwelling of not more than two stories in
height, with one private garage for not more than three (3) cars and
one servant's house having not more than two rooms and inside toilet.
Garage and servant's house shall not be more than one story in height.
URL:http://www.tba.org/tba_files/TCA/RAGLANDT.OPN.WP6
HELEN BOND SCOFIELD, v. STEPHEN DAVID SCOFIELD,
Court:TCA
L. L. Harrell, Jr., Harrell & Harrell of Trenton
For Plaintiff-Appellee
Marianna Williams, Ashley, Ashley & Arnold of Dyersburg
For Defendant-Appellant
Judge: HOLLY KIRBY LILLARD
First Paragraph:
This case involves a petition for increase of child support.
Petitioner, Stephen David Scofield (Father), appeals from the trial
court's order denying his petition to modify the parties' final decree
of divorce to increase child support payments by Respondent, Helen
Bond Scofield (Mother).
URL:http://www.tba.org/tba_files/TCA/SCOFIELD.OPN.WP6
STATE OF TENNESSEE, v. BARBARA BYRD,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Edward C. Miller Charles W. Burson
District Public Defender Attorney General and Reporter
P.O. Box 416 450 James Robertson Parkway
Dandridge, Tennessee 37725 Nashville, Tennessee 37243-0493
Al Schmutzer, Jr.
District Attorney General
G. Scott Green
Assistant District Atty. General
Sevier County Courthouse
125 Court Avenue, Suite 301
Sevierville, Tennessee 37862
Judge: William M. Barker
First Paragraph:
The appellant, Barbara Ann Byrd, appeals as of right the judgment of
conviction entered against her by the Sevier County Criminal Court for
theft of property valued at over one thousand dollars ($1,000.00). On
appeal she presents three issues for review. 1) Whether the
evidence was sufficient to support the conviction. 2) Whether the
indictment was duplicitous and, therefore, should have been dismissed.
3) Whether the State failed to provide the appellant with
exculpatory evidence in violation of Brady v. Maryland.
URL:http://www.tba.org/tba_files/TCCA/BYRDB.OPN.WP6
STATE OF TENNESSEE, v. KENNETH EUGENE TROUTMAN,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Frederick M. Lance Charles W. Burson
Attorney at Law Attorney General & Reporter
804 West Market Street 500 Charlotte Avenue
Johnson City, TN 37601 Nashville, TN 37243-0497
Clinton J. Morgan
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
David E. Crockett
District Attorney General
Route 18, Box 99
Johnson City, TN 37601
Kent W. Garland
Assistant District Attorney General
P.O. Box 38
Jonesborough, TN 37659
Judge: Joe B. Jones
First Paragraph:
The appellant, Kenneth Eugene Troutman, was convicted of driving while
under the influence, third offense, a Class A misdemeanor, by a jury
of his peers. The trial court sentenced the appellant to pay a fine
of $1,000 and serve eleven months and twenty-nine days in the
Washington County Jail. This sentence must be served consecutively to
"any prior sentences." In this Court, the appellant contends that the
trial court did not comply with the provisions of the Tennessee
Criminal Sentencing Reform Act of 1989 when imposing the sentence.
After a thorough review of the record, the briefs submitted by the
parties, and the law governing the issue presented for review, it is
the judgment of this Court that the appellant's conviction should be
affirmed and this cause remanded to the trial court for a new
sentencing hearing.
URL:http://www.tba.org/tba_files/TCCA/TROUTMAN.OPN.WP6
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© Copyright 1998 Tennessee Bar Association - This Issue IN THIS ORDER: