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

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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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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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