TBALink Opinion-Flash

April 08, 1997 -- Volume #3 -- Number #040

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
03-New Opinions From TCA
01-New Opinions From TCCA

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George Dean
TBALink Chief Editor


MILDRED LOUISE MCCOLLUM 
vs.
KLIFF ANDREW MCCOLLUM

Court:TCA

Attorneys: 
                         
Marianna Williams of Dyersburg
For Appellant

Timothy C. Naifeh of Tiptonville
For Appellee
    
Judge: CRAWFORD

First Paragraph:

This case involves a petition to change child custody and modify child
support.  Respondent-appellant, Mildred Louise McCollum (Wife),
appeals the trial court's order reducing the amount of the future
child support obligation of petitioner-appellee, Kliff Andrew McCollum
(Husband), to reflect the change in the custody of one of the parties'
children. REMANDED.

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

WILLIAM P. NEWTON
vs.
JAMES S. COX

Court:TCA

Attorneys:    

James F. Schaeffer, Jr., Memphis, Tennessee
Attorney for Plaintiff/Appellant.

Russell Fowler, Memphis, Tennessee
Attorney for Defendant/Appellee.                      

Judge: FARMER

First Paragraph:

Plaintiff William P. Newton appeals the trial court's order awarding
him a $28,125 judgment against his former attorney, Defendant/Appellee
James S. Cox, but denying Newton's claim for prejudgment interest. 
Newton's claim arose out of Cox's retention of a contingency fee in
excess of the maximum permitted by statute.  We affirm the judgment
entered in favor of Newton, but with certain modifications hereinafter
set forth. AFFIRMED AS MODIFIED AND REMANDED.

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

IN RE: ESTATE OF MARION ENGLISH TRUETT, Deceased

Court:TCA

Attorneys:

Carthel L. Smith, Jr., Lexington, Tennessee
Attorney for Respondent/Appellant.

Howard F. Douglass, Lexington, Tennessee
Attorney for Petitioner/Appellee.                          

Judge: FARMER

First Paragraph:

Rebecca H. Moore Brown appeals the trial court's order which awarded
Appellee Ellis Truett, Jr., one year's support in the amount of
$21,500, as well as exempt property, from the estate of Truett's
deceased wife, Marian English Truett. AFFIRMED AND REMANDED.

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

RONALD COLLIER
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:    

FOR THE APPELLANT:                  FOR THE APPELLEE:


TROY L. BROOKS                      CHARLES W. BURSON
127 S. Third St.                    Attorney General & Reporter
Clarksville, TN  37040
     (On appeal)                    DEBORAH A. TULLIS                                                       
                                    Asst. Attorney General
                                    450 James Robertson Pkwy.
D. MICHAEL DUNAVANT                 Nashville, TN  37243-0493
Bank of Ripley Building,
P.O. Box 150                        ELIZABETH T. RICE
 Ripley, TN  38063                  District Attorney General
     (At hearing)
                                    MARK DAVIDSON
                                    Asst. District Attorney General
                                    Criminal Justice Complex
                                    Ripley, TN  38063                      

Judge: PEAY

First Paragraph:

The petitioner was indicted on charges of especially aggravated
kidnapping, especially aggravated robbery, escape, aggravated assault,
and theft.  On October 15, 1993, without the benefit of a plea
agreement, the petitioner pled guilty to especially aggravated
kidnapping, especially aggravated robbery, and escape.  The State
dismissed the remaining charges.  After a hearing, the trial court
sentenced the petitioner to thirty years for the especially aggravated
kidnapping, thirty-seven years for the especially aggravated robbery,
and four years for the escape.  The first two sentences are
concurrent, but the four year sentence is consecutive. AFFIRMED.

URL:http://www.tba.org/tba_files/TCCA/COLLIERR_OPN.WP6

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