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

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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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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

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