TBALink Opinion-Flash

February 26, 1997 -- Volume #3 -- Number #025

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
01-New Opinions From TSC-Workers Comp Panel
03-New Opinions From TCA
01-New Opinions From TCCA

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George Dean
TBALink Chief Editor


WILMA USELTON
vs.    
CONWOOD COMPANY, LP

Court:TSC - Workers Comp Panel

Attorneys:  

FOR APPELLANT:                      FOR APPELLEE:  
Richard D. Click                    Kenneth R. Rudstrom
Bradley G. Kirk                     80 Monroe Avenue, Suite 500
Batemen & Childers                  Memphis, TN 38103
1010 Cotton Exchange Bldg.
P. O. Box 3351
Memphis, TN 38173-0351                              

Judge: CLARK

First Paragraph:

On appeal plaintiff contends the trial court erred in dismissing her
complaint for benefits based on a prior settlement when the medical
proof evidenced that she sustained a separate compensable injury.
AFFIRMED.

URL:http://www.tba.org/tba_files/TSC_WCP/USELTON_OPN.WP6
Opinion-Flash

LINDA FAITH CATLETT
vs.
DOUG CHINERY d/b/a HAMILTON PLACE INSURANCE, BALBOA 
LIFE & CASUALTY INSURANCE COMPANY, NATIONAL CASUALTY COMPANY, 
and TAMMY LEPAGE COLLINS
and
UNITED COMPANIES FINANCIAL CORPORATION, d/b/a UNITED 
COMPANIES LENDING CORPORATION

Court:TCA

Attorneys: 

For Appellant                       For Appellee
JERRY WOODS WEEKS                   WILLIAM T. ALT
Chattanooga, Tennessee              ELIZABETH G. ALT
                                    Chattanooga, Tennessee
                         
Judge: Susano

First Paragraph:

This suit finds its genesis in a January 14, 1994, fire that
substantially damaged the mobile home of the plaintiff, Linda Faith
Catlett.  Ms. Catlett filed a complaint against two individuals and a
number of companies, including the defendant United Companies
Financial Corporation (United), seeking to recover for losses suffered
as a result of the fire.  Her complaint against United, the holder of
the mortgage debt on her property, also sought a declaration that her
obligation to United had been satisfied in full.  United filed a
counterclaim, which, among other requests, prayed that it "be
permitted . . . to enforce its . . . lien against" the plaintiff's
property.  The Chancellor held that the plaintiff could not recover a
monetary judgment against United.  Among other rulings, some of which
are not relevant to this appeal, the Chancellor accredited the
testimony of the plaintiff and consequently found that "wrongful
conduct" on the part of United "bars it from recovery against the
plaintiff for any deficiency" on the mortgage debt.  The Chancellor
found that the evidence indicated United could have and should have
recovered sufficient proceeds from an insurance policy issued by
Balboa Life and Casualty Insurance Company (Balboa) to pay the
mortgage debt in full.  United appealed, arguing that the Chancellor
erred when he dismissed its counterclaim seeking to enforce the lien
of its mortgage. AFFIRMED AND REMANDED  .

URL:http://www.tba.org/tba_files/TCA/CATLETT_OPN.WP6
Opinion-Flash

H.B.H. ENTERPRISES, INC.
vs.
QUITMAN CATES and JOHN DOE PARTNERS, All d/b/a CATES MAINTENANCE

Court:TCA

Attorneys: 

J. MYERS MORTON OF KNOXVILLE FOR APPELLANT
PAUL D. HOGAN, JR., OF KNOXVILLE FOR APPELLEES

Judge: Goddard

First Paragraph:

This is an appeal from a judgment entered by the Circuit Court of Knox
County.  The Plaintiff, H.B.H. Enterprises, Inc., sought damages under
breach of contract and warranty theories arising from the sale of used
laundry equipment by the Defendant Quitman Cates.  The Defendant filed
a counter-complaint seeking an award for the Plaintiff's failure to
pay for the equipment that is the subject of this suit, as well as
other equipment sold and services rendered. AFFIRMED AND REMANDED.

URL:http://www.tba.org/tba_files/TCA/HBH_OPN.WP6
Opinion-Flash

NELDA FAYE YOUNG
vs. 
TERESA YOUNG FRAZIER and JONATHAN LYNN FRAZIER
IN THE MATTER OF:
Samantha Lynn Frazier, A Child under 18 Years of Age

Court:TCA

Attorneys:  

STEPHENSON TODD OF KINGSPORT FOR APPELLANT

NO BRIEF FILED BY THE APPELLEES
                        
Judge: Goddard

First Paragraph:

Nelda Faye Young appeals a judgment of the Juvenile Court for Sullivan
County which found that her daughter, Teresa Young Frazier, and her
former son-in-law, Jonathan Lynn Frazier, had abandoned their
daughter, Samantha Lynn Frazier, who was born on April 11, 1991, but
denied Mrs. Young's petition to terminate parental rights upon the
ground that such was not in the best interest of Samantha. REVERSED
AND REMANDED.

URL:http://www.tba.org/tba_files/TCA/YOUNGNF_OPN.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
BRIAN KEITH COLLINS

Court:TCCA

Attorneys:   

FOR THE APPELLANT:                  FOR THE APPELLEE:
STEPHEN M. WALLACE                  CHARLES BURSON
District Public Defender            Attorney General & Reporter

GALE K. FLANARY                     CLINTON J. MORGAN
Assistant Public Defender           Assistant Attorney General
Office of the Public Defender       450 James Robertson Parkway
P.O. Box 839                        Nashville, TN  37243-0493
Blountville, TN  37617

                                    H. GREELEY WELLS, JR.
                                    District Attorney General
                                    Second Judicial District
                                    P.O. Box 526
                                    Blountville, TN  37617                       

Judge: WOODALL

First Paragraph:

The Appellant appeals as of right pursuant to Rule 3 of the Tennessee
Rules of Appellate Procedure.  At a jury trial, he was found guilty of
Violation of an Habitual Traffic Offender Order, Resisting Arrest, and
Vandalism under $500.00 in the Sullivan County Criminal Court.  An
assault charge was dismissed.  The Appellant was sentenced to two
years as a Range I Standard Offender with a fine of $2200.00 on the
Habitual Traffic Offender charge which was run consecutive to a
previous unrelated sentence.  He was also sentenced to thirty days and
a fine of $350.00 on the Vandalism under $500.00 and to thirty days
and a fine of $700.00 for Resisting Arrest.  The two thirty day
sentences were run concurrently to each other and with the Habitual
Traffic Offender sentence. AFFIRMED.

URL:http://www.tba.org/tba_files/TCCA/COLLINSB_OP3.WP6
Opinion-Flash
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