-
TBALink Opinion-Flash
March 19, 1997 -- Volume #3 -- Number #031
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
- 00-New Opinions From TSC-Workers Comp Panel
- 04-New Opinions From TCA
- 03-New Opinions From TCCA
- 00-New Opinions 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
TERRI BRIDGES, Individually and as surviving spouse of PRIVATE WILLIAM BRIDGES, Dec'd. vs. CITY OF MEMPHIS and CITY OF MEMPHIS FIRE DEPARTMENT Court:TCA Attorneys: TODD A. KAPLAN JAMES O. LOCKARD Memphis, Tennessee Attorneys for Plaintiff/Appellant MONICE MOORE HAGLER City Attorney ROBERT L. J. SPENCE, JR. AMANDA C. KAISER Staff Attorneys, City of Memphis Memphis, Tennessee Attorneys for Defendant/Appellee Judge: HIGHERS First Paragraph: Plaintiff Terri Bridges, individually and as the surviving spouse of Private William Bridges, appeals the trial court's order dismissing her wrongful death claim against Defendants/Appellees City of Memphis and City of Memphis Fire Department. Although the trial court's order does not give a reason for its dismissal of the Plaintiff's action, the order apparently was based on one of several theories of governmental immunity advanced by the Defendants in support of their motion to dismiss. For the reasons hereinafter stated, we reverse the trial court's order of dismissal and remand for further proceedings. REVERSED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/BRIDGERS_OPN.WP6
YVETTE MARTIN MOTT
vs.
DONALD LEE MOTT
Court:TCA
Attorneys:
David H. Crichton, Bolivar, Tennessee, for Defendant/Appellant.
Don L. Dowden,
Scot A. Bearup,
DOWDEN & ZDANCEWICZ, Memphis, Tennessee, for Plaintiff/Appellee.
Judge: FARMER
First Paragraph:
Yvette Martin Mott (Wife) was awarded a divorce from Donald Lee Mott
(Husband). He appeals contending that the trial court erred in the
distribution of marital property. AFFIRMED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/MOTTMOTT_OPN.WP6
GEORGE NICKAS
vs.
PEGGY NICKAS CAPADALIS and
CHARLES C. NICKAS, Trustees,
for EMMA C. NICKAS TRUST
and
CHARLES C. NICKAS
Court:TCA
Attorneys:
JAMES T. BLAND, JR.
Memphis, Tennessee
Attorney for Appellant
JERRE G. DUZANE
APPERSON, CRUMP, DUZANE & MAXWELL, PLC
Memphis, Tennessee
Attorney for Defendant/Appellee, Peggy Nickas Capadalis
GEORGE SKOUTERIS
MICHAEL SKOUTERIS
Memphis, Tennessee
Attorneys for Plaintiff/Appellee
Judge: HIGHERS
First Paragraph:
Defendant Charles C. Nickas (Trustee), co-trustee for the Emma C.
Nickas Trust (Trust), appeals the trial court's final decree
terminating the Trust and distributing the Trust assets to certain
Trust beneficiaries. We reverse the final decree in part because we
conclude that the trial court improperly terminated the Trust without
having all of the necessary parties before the court. AFFIRMED IN
PART, REVERSED IN PART AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/NICKAS_OPN.WP6
RITA WERNE
vs.
ROBERT SANDERSON, ANNA SANDERSON, WAYNE LOWERY,
LINDA CARTER, BLAN R. NICHOLSON, ANNA SANDERSON TRUST,
AND PROTECTION UNLIMITED, INC.
Court:TCA
Attorneys:
Kathleen Caldwell of Memphis
For Appellant
Robert M. Friedman; Friedman, Sissman & Heaton, P.C.
G. Patrick Arnoult; The Bogatin Law Firm
William W. Dunlap, Jr.; Harris, Shelton, Dunlap & Cobb of Memphis
For Appellees
Judge: CRAWFORD
First Paragraph:
Plaintiff, Rita Werne, appeals from the order of the trial court
granting summary judgment to the defendants based on the doctrines of
judicial estoppel and equitable estoppel. REVERSED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/WERNE_OPN.WP6
STATE OF TENNESSEE
vs.
TERRY LYNN ANTHONY
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Jan R. Patterson Charles W. Burson
225 West Baltimore Attorney General & Reporter
Suite B
Jackson, TN 38301 Ellen H. Pollack
Assistant Attorney General
Of Counsel: 450 James Robertson Parkway
Nashville, TN 37243 0493
David Stockton
and Walt Freeland
Gary Antrican Asst District Attorney General
Office of District PD 302 Market Street
131-A Industrial Road Somerville, TN 38068
Covington, TN 38019
Christopher L. Brown, Attorney
6471 Stage Road, Suite 201
Memphis, TN 38134
(at trial)
Judge: WADE
First Paragraph:
The defendant, Terry Lynn Anthony, was indicted for first degree
murder and attempted first degree murder. The defendant was convicted
of the first degree murder of Jacqueline Anthony and the attempted
voluntary manslaughter of Charlie Boyce, Jr. On direct appeal, this
court ordered a new trial because the defendant had been required to
wear shackles in the presence of the jury throughout the first
proceeding. State v. Terry Lynn Anthony, No. 02C01-9408-CC-00173
(Tenn. Crim. App., at Jackson, May 10, 1995). On remand, the
defendant entered a plea of guilt to attempted voluntary manslaughter
for which he received a two-year sentence. Afterward, a jury found
the defendant guilty of first degree murder. The trial court imposed
a life sentence. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/ANTHONT_OPN.WP6
STATE OF TENNESSEE
vs.
ALBERTO BARETTA ESTES
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Thomas T. Woodall Charles W. Burson
203 Murrell Street Attorney General & Reporter
P.O. Box 1075
Dickson, TN 37056-1075 Clinton J. Morgan
(On Appeal Only) Assistant Attorney General
450 James Robertson Parkway
George Morton Googe Nashville, TN 37243-0493
District Public Defender
227 West Baltimore Street James W. Thompson
Jackson, TN 38301 Asst District Attorney General
Lowell Thomas State Office Bldg
Stephen P. Spracher Jackson, TN 38301
Assistant Public Defender
227 West Baltimore Street
Jackson, TN 38301
Judge: WADE
First Paragraph:
The defendant, Alberto Baretta Estes, was found guilty of aggravated
robbery and possession of a firearm with the intent to employ it in
the commission of a robbery. See Tenn. Code Ann. SS 39-13-402 &
39-17-1307(c). The trial court imposed a Range I, nine-year sentence
on the robbery conviction but, by the time of this appeal, had not
entered judgment on the guilty verdict for the possession of a firearm
count. AFFIRMED IN PART AND REMANDED IN PART.
URL:http://www.tba.org/tba_files/TCCA/ESTESA_OPN.WP6
STATE OF TENNESSEE
vs.
GEORGE W. PLUNK
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Daniel J. Taylor Charles W. Burson
Assistant Public Defender Attorney General & Reporter
227 West Baltimore Street 500 Charlotte Avenue
Jackson, TN 38301 Nashville, TN 37243-0497
OF COUNSEL: Deborah A. Tullis
Assistant Attorney General
George Morton Googe 450 James Robertson Parkway
District Public Defender Nashville, TN 37243-0493
227 Baltimore Street
Jackson, TN 38301 James G. Woodall
District Attorney General
225 Martin Luther King Drive
Jackson, TN 38302-2895
Donald W. Allen
District Attorney General
225 Martin Luther King Drive
Jackson, TN 38302-2895
Judge: Jones
First Paragraph:
The appellant, George W. Plunk, was convicted of impersonating a
licensed professional, a Class E felony, and violating the Private
Investigator Licensing and Regulatory Act, a Class A misdemeanor, by a
jury of his peers. The trial court found the appellant to be a
multiple offender and imposed a Range II sentence consisting of a $750
fine and confinement for four (4) years in the Department of
Correction for impersonating a licensed professional. The court
sentenced the appellant to pay a fine of $700 and serve eleven months
and twenty-nine days in the Henderson County Jail for violating the
Private Investigator Licensing and Regulatory Act. The appellant's
sentences were suspended and he was placed on probation. One issue is
presented for review. The appellant contends the evidence contained
in the record is insufficient, as a matter of law, to support a
finding by a rational trier of fact he was guilty beyond a reasonable
doubt. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/PLUNK_OPN.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: