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TBALink Opinion-Flash
June 11, 1997 -- Volume #3 -- Number #59
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.
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STATE OF TENNESSEE vs. DAVID PAUL MARTIN Court:TSC Attorneys: For Appellant: For Appellee: Herbert S. Moncier John Knox Walkup Ann C. Short Attorney General & Reporter Knoxville, Tennessee Michael E. Moore Solicitor General Kathy Morante Deputy Attorney General Eugene J. Honea Assistant Attorney General Nashville, Tennessee At Trial: Randall E. Nichols District Attorney General Knoxville, Tennessee Robert Jolley Assistant District Attorney Knoxville, Tennessee Judge: ANDERSON First Paragraph: We granted review in this case to determine whether a court-ordered mental evaluation violated the defendant's right against self-incrimination and the right to counsel under the United States and Tennessee Constitutions. AFFIRMED. URL:http://www.tba.org/tba_files/TSC/MARTINDP_OPN.WP6
TERRI G. BOWERS
vs.
FREDERICK ALLAN BOWERS
Court:TCA
Attorneys:
L. CAESAR STAIR, III, BERNSTEIN, STAIR & McADAMS, and ELIZABETH K.B.
MEADOWS, SCHMID, JONES & MEADOWS, PLLC, Knoxville, for
Plaintiff-Appellant.
ROBERT R. SIMPSON and JAMES H. VARNER, JR., ESHBAUGH, SIMPSON AND
VARNER, Knoxville, for Defendant-Appellee.
Judge: Franks.
First Paragraph:
In this custody dispute, the Trial Judge granted custody of the
parties' child to the father, and the mother has appealed. AFFIRMED AS
MODIFIED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/BOWERST_OPN.WP6
CASEY LYNN BURGESS
vs.
BRENDA LEA (BURGESS) WELCH
Court:TCA
Attorneys:
PROCTOR UPCHURCH OF CROSSVILLE FOR APPELLANT
BRETT A. YORK and CYNTHIA S. LYONS OF CROSSVILLE FOR APPELLEE
Judge: Goddard
First Paragraph:
By this appeal Casey Lynn Burgess insists that the Trial Court was in
error in dismissing his petition for change of custody of his two
children, custody of whom by the divorce decree was awarded to Ms.
Welch. AFFIRMED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/BURGESSC_OPN.WP6
AEYON CHO
vs.
DAE-YOUNG JEONG
Court:TCA
Attorneys:
For Appellant For Appellee
JAMES M. CRAIN JEAN MUNROE
Knoxville, Tennessee Knoxville, Tennessee
LAURA RULE HENDRICKS
Eldridge, Irvine & Hendricks
Knoxville, Tennessee
Judge: Susano
First Paragraph:
We granted the application of Dae-Young Jeong (Husband) for an
interlocutory appeal pursuant to Rule 9, T.R.A.P., to consider whether
the trial court has subject matter jurisdiction to grant his wife, the
plaintiff Aeyon Cho (Wife), an absolute divorce. AFFIRMED AND
REMANDED.
URL:http://www.tba.org/tba_files/TCA/CHO_OPN.WP6
WHITNEY LEIGH DAVIDSON, minor
child, by next friend, ROZAN
DAVIDSON
vs.
DONNA WRIGHT, ET AL
Court:TCA
Attorneys:
William A. (Bill) Davidson, Knoxville, for Appellants.
Catherine F. Quist, Knoxville, for Appellees.
Judge: INMAN
First Paragraph:
The Knox County Board of Education adopted a policy against the
possession of weapons on school campuses for the school year beginning
in September 1995. Whitney Leigh Davidson was provided a copy of the
West High School Handbook which explained the policy and the
consequences of its violation. On January 23, 1996, while a junior at
West High School, she was suspended for a violation of the policy.
Following a series of administrative hearings the Board of Education
held a plenary hearing and upheld the decision to expel Ms Davidson
for one year. Judicial review resulted in a finding that the Board
had not acted arbitrarily, illegally or beyond its jurisdiction in
expelling Ms. Davidson. AFFIRMED.
URL:http://www.tba.org/tba_files/TCA/DAVIDSON_COA.WP6
MABEL DONNELLY
vs.
ROBERT E. WALTER, M.D. and
HERMITAGE NURSING HOME
Court:TCA
Attorneys:
For Appellant For Appellee Walter
BOB McDANIEL GREEN CHARLES T. HERNDON, IV
Johnson City, Tennessee Herndon, Coleman, Brading & McKee
Johnson City, Tennessee
For Appellee Hermitage
Nursing Home
N.R. COLEMAN, JR.
DANIEL D. COUGHLIN
Milligan & Coleman
Greeneville, Tennessee
Judge: Susano
First Paragraph:
Plaintiff Mabel Donnelly (Donnelly) appealed the trial court's denial
of her motion to reconsider a grant of summary judgment to the
defendants Dr. Robert E. Walter (Dr. Walter) and Hermitage Nursing
Home (Hermitage). She presents for our review the question of whether
the denial of her motion to reconsider was an abuse of the trial
court's discretion. For their part, the defendants contend that
Donnelly's appeal should be dismissed because of her failure to serve
a copy of the notice of appeal on the clerk of this court. We affirm.
AFFIRMED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/DONNELLY_OPN.WP6
FAIRVIEW LIMITED, d/b/a Fairview
Apartments
vs.
PINKIE DANIEL
Court:TCA
Attorneys:
Paul E. Drozdowski, Oak Ridge, for Appellant.
Harold P. Cousins, Buxton Law Office, Oak Ridge, for Appellee.
Judge: INMAN
First Paragraph:
The appellant was evicted from her apartment for a violation of the
lease and applicable statutory law, and she appeals. AFFIRMED.
URL:http://www.tba.org/tba_files/TCA/FAIRVIEW_COA.WP6
RICHARD GAUSE d/b/a ROOFWORKS
OF TENNESSEE
vs.
JANICE COLE d/b/a RIVERSIDE
SHOP and JERRY OGLE
Court:TCA
Attorneys:
ROBERT L. OGLE, JR., Sevierville for Appellant.
JEFF D. RADER, Ogle, Wynn & Rader, Sevierville, for Appellees.
Judge: McMurray
First Paragraph:
This case originated as an action to enforce a lien for work and
materials pursuant to T.C.A. S 66-11-126. The plaintiff alleged that
he had furnished equipment, labor and materials which were used for
improvements on the property which the defendant, Cole occupied as
lessee and the defendant, Ogle, was an owner. The defendant, Ogle,
filed an answer, generally stated that he owned an interest in the
subject property but was without sufficient knowledge or information
to form a belief as to the truth of the allegations set forth in the
complaint. AFFIRMED IN PART, VACATED IN PART, AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/GAUSE_OPN.WP6
W. DALE GORDON
vs.
ROBBYN GORDON
Court:TCA
Attorneys:
KEVEN W. SHEPHERD, Maryville, for Appellant.
CHARLIE ALLEN, Oneida, for Appellee.
Judge: McMurray
First Paragraph:
This is a divorce case that comes to us in an unusual posture. The
Husband filed his original complaint on April 3, 1996. No answer was
filed by the Wife. A marital dissolution agreement was filed on June
12, 1996. The marital dissolution agreement provided for the division
of the parties' property and further contained the following
provision: The parties agree that they are equally responsible for the
breakdown of the marriage and respectfully request the court to
declare them divorced rather than awarding a divorce to either party
alone. JUDGMENT VACATED; REMANDED TO THE TRIAL COURT.
URL:http://www.tba.org/tba_files/TCA/GORDON_OPN.WP6
DEBORAH HENDRIX
vs.
FIRST TENNESSEE NATIONAL
CORPORATION d/b/a FIRST
TENNESSEE BANK
Court:TCA
Attorneys:
James S. Pate, Erwin, for Appellant.
Steven C. Rose, West & Rose, Kingsport, for Appellee.
Judge: INMAN
First Paragraph:
This action for damages for defamation and outrageous conduct was
dismissed on motion for summary judgment. The plaintiff presents the
propriety of the dismissal for appellate review, which is de novo on
the record with no presumption of correctness. Johnson v. EMPE, Inc.,
837 S.W.2d 62, 68 (Tenn. App. 1992). AFFIRMED.
URL:http://www.tba.org/tba_files/TCA/HENDRIX_OPN.WP6
GLADSTONE RALPH HOBBS
vs.
MOLLIE JANE HOBBS
Court:TCA
Attorneys:
KENNETH CLARK HOOD, Rogers, Laughlin, Nunnally, Hood & Crum, P.C.,
Greeneville, for Appellant.
ROGER A. WOOLSEY, Greeneville, for Appellee.
Judge: McMurray
First Paragraph:
This is a divorce action. The defendant (wife) asserts on this
appeal, among other things, that the trial court abused its discretion
in denying a continuance of the trial. The record reflects that there
was a great deal of confusion as to the way and manner the case was
set for trial because of the resignation of the former Circuit Judge.
The wife's counsel claims to have had no notice of the trial date
until the day the case was set for trial. On that date, he applied to
the court for a continuance. The court continued the case until the
following morning at 7:00 a.m. Prior to the trial, the court allowed
the wife's attorney to make a motion for a continuance on the record,
with a written motion, to be filed as exhibit No. 1. Counsel's
affidavit supporting the motion for a continuance was allowed to be
filed as exhibit 2. REVERSED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/HOBBS_OPN.WP6
KEITH HARDWARE, INC.
vs.
DOUGLAS L. WHITE and wife,
CAROLYN L. WHITE
Court:TCA
Attorneys:
M. STANLEY GIVENS, ANDERSON, FUGATE, GIVENS, COUNTS & BELISLE, Johnson
City, for Plaintiff-Appellant.
JOHN S. TAYLOR, McKINNON, FOWLER, FOX & TAYLOR, Johnson City, for
Defendants-Appellees.
Judge: Franks
First Paragraph:
The issue on this interlocutory appeal granted pursuant to T.R.A.P.
Rule 9, is whether the lease between the parties is too broad to be
enforceable, as was held by the Trial Court. REMANDED.
URL:http://www.tba.org/tba_files/TCA/KEITHH_OPN.WP6
CORBIN DALE MEADOR
vs.
LINDA J. MEADOR
Court:TCA
Attorneys:
LAWRENCE WILSON OF NASHVILLE FOR APPELLANT
CHARLES D. PATY OF CHATTANOOGA FOR APPELLEE
Judge: Goddard
First Paragraph:
The controversy presently on appeal attacks a judgment entered in a
post-divorce petition for contempt, wherein Linda J. Meador seeks to
recover property she contends was awarded her in the divorce decree
and to find her former husband, Corbin Dale Meador in contempt of
court for refusing to deliver the property to her. VACATED AND
REMANDED.
URL:http://www.tba.org/tba_files/TCA/MEADORC_OPN.WP6
ANTHONY W. NANCE,
and BRANDON NANCE
vs.
CHRISTOPHER H. STRUNK
Court:TCA
Attorneys:
VIC PRYOR, BASISTA, PRYOR & BALLOFF, Jacksboro, for Plaintiffs
Appellants.
DANIEL M. GASS, O'NEIL, PARKER & WILLIAMSON, Knoxville, for
Defendant-Appellee.
DENNIS L. BABB and VONDA M. LAUGHLIN, BUTLER, VINES & BABB, Knoxville,
for Defendant-Appellee, Guaranty National Insurance Company.
Judge: Franks
First Paragraph:
In this action arising from a motor vehicle accident, the defendants
were granted summary judgment and plaintiffs have appealed. AFFIRMED
IN PART, REVERSED IN PART, AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/NANCEA_OPN.WP6
FIRST TENNESSEE BANK, NATIONAL
ASSOCIATION
vs.
JESSE O. QUILLIAN
Court:TCA
Attorneys:
RICHARD A. FISHER, Logan, Thompson, Miller, Bilbo, Thompson & Fisher,
P.C., Cleveland, for Appellant.
THOMAS L. N. KNIGHT, Grisham, Knight & Hooper, Chattanooga, for
Appellee.
Judge: McMurray
First Paragraph:
This case originated as an action to collect monies due under the
terms of a promissory note executed by the defendant to the plaintiff
First Tennessee Bank, National Association. An answer was filed by
the defendant admitting the execution of the note and that there was
an outstanding balance thereon. He also filed a counterclaim in which
he sought a setoff and damages for forged checks drawn on his account
and paid by the bank. The trial court on motion of the plaintiff,
entered a summary judgment against the defendant on the original
complaint and dismissed the counterclaim. A judgment in the amount of
$34,399.24 was entered against the defendant. This appeal resulted.
We affirm the judgment of the trial court. AFFIRMED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/QUILLIAN_OPN.WP6
JORGE ARIEL SANJINES, M.D.
vs.
ORTWEIN AND ASSOCIATES, P.C.,
WILLIAM H. ORTWEIN, J. CRIS
HELTON, AND JOHN R. MORGAN
Court:TCA
Attorneys:
J. ARIEL SANJINES, M.D., pro se.
E. BLAKE MOORE, SPEARS, MOORE, REBMAN & WILLIAMS, Chattanooga, for
Defendant-Appellee, John R. Morgan.
SAMUEL R. ANDERSON and SHANE USARY, LUTHER-ANDERSON, PLLP,
Chattanooga, for Defendants-Appellees, Ortwein & Associates, P.C.,
William H. Ortwein, and J. Cris Helton.
Judge: Franks
First Paragraph:
Plaintiff, incarcerated in prison, brought this action against his
attorneys for alleged malpractice in representing him in the charges
brought against him for criminal conduct. VACATED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/sanjines_OPN.WP6
STATE OF TENNESSEE
vs.
CORBY MARTIN BLOUVET, II
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
A. PHILIP LOMONACO JOHN KNOX WALKUP
112 Durwood Dr. Attorney General & Reporter
Knoxville, TN 37922
ELIZABETH T. RYAN
Asst. Attorney General
450 James Robertson Pkwy.
Nashville, TN 37243-0493
RANDALL E. NICHOLS
District Attorney General
ROBERT L. JOLLEY, JR.
Asst. District Attorney General
City-County Bldg.
Knoxville, TN 37902
Judge: PEAY
First Paragraph:
The defendant was indicted by presentment in May of 1991 on numerous
charges related to a spree of robberies and other crimes. After a day
of trial, the defendant decided to enter a plea of guilty. He was
convicted of nine counts of aggravated robbery, two counts of
attempted aggravated robbery, and three counts of aggravated
kidnapping. Following a hearing, the defendant was sentenced. On
appeal, the defendant questioned the appropriateness of his sentence
and sought to raise a certified question. This Court and ultimately
the Tennessee Supreme Court determined that the trial court improperly
sentenced the defendant and remanded the case for re-sentencing. This
Court also determined that while the defendant did not properly
certify his question on appeal, he could attempt to do so upon
completion of the re-sentencing. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/BLOUVECM_OPN.WP6
STATE OF TENNESSEE
vs.
RANDLE DAVIS
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
THOMAS T. WOODALL CHARLES W. BURSON
203 Murrell Street Attorney General and Reporter
Dickson, TN 37056-1075
ROBIN L. HARRIS
(ON APPEAL ONLY) Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
GARY F. ANTRICAN Nashville, TN 37243 0493
District Public Defender
P. O. Box 700
Somerville, TN 38068 ELIZABETH T. RICE
District Attorney General
(AT TRIAL AND OF COUNSEL
ON APPEAL) ED NEAL McDANIEL
Asst. District Attorney General
300 Industrial Drive
Selmer, TN 38375
Judge: Hayes
First Paragraph:
The appellant, Randle Davis, was convicted by a McNairy County jury of
delivery of a Schedule II controlled substance, a class C felony.
Tenn. Code Ann. S 39-17-417 (a)(2) and (c)(2) (1993 Supp.). The trial
court sentenced the appellant as a standard, range I offender to forty
months incarceration in the Tennessee Department of Correction. On
appeal, the appellant challenges the sufficiency of the evidence
underlying his conviction, asserts that his sentence is excessive, and
contends that the trial court erred in denying him an alternative
sentence. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/DAVISS_OPN.WP6
KENNY FOWLER
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Kenny Wayne Fowler Charles W. Burson
Pro Se Attorney General & Reporter
Reg. No. 13575-076
F.C.I. Memphis M. Allison Thompson
P. O. Box 34550 (Beale-B) Counsel for the State
Memphis, TN 38184-0550 450 James Robertson Parkway
Nashville, TN 37243-0493
C. Phillip Bivens
District Attorney General
P.O. Drawer D
Dyersburg, TN 38024
Judge: Jones
First Paragraph:
The petitioner, Kenneth Wayne Fowler, appeals the trial court's denial
of his petition for post-conviction relief. There was no evidentiary
hearing. The single issue presented for review is whether the
petition was barred by the statute of limitations. We affirm the
judgment of the trial court. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/FOWLERK_OPN.WP6
STATE OF TENNESSEE
vs.
CHARLES DANIEL GRAY
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
MARK E. STEPHENS JOHN KNOX WALKUP
Public Defender Attorney General & Reporter
LESLIE NASSIOS ROBIN L. HARRIS
Asst. Public Defender Asst. Attorney General
1209 Euclid Ave. 450 James Robertson Pkwy.
Knoxville, TN 37921 Nashville, TN 37243-0493
RANDALL E. NICHOLS
District Attorney General
ROBERT L. JOLLEY, JR.
Asst. District Attorney General
City-County Bldg.
Knoxville, TN 37902
Judge: PEAY
First Paragraph:
The defendant was indicted on September 21, 1994, for the second
degree murder of Shirlene Miller. After five days of trial, a jury
convicted him of the indicted offense. A sentencing hearing was held,
and the defendant was sentenced to twenty-five years in the Tennessee
Department of Correction. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/GRAYCD_OPN.WP6
STATE OF TENNESSEE
vs.
JOSHUA McDANIEL
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
RANDY G. ROGERS JOHN KNOX WALKUP
P. O. Box 507 Attorney General and Reporter
Athens, TN 37371-0507
MICHAEL J. FAHEY, II
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
JERRY N. ESTES
District Attorney General
SANDRA DONAGHY
Asst District Attorney General
Post Office Box 647
Athens, TN 37303-0647
Judge: CLARK
First Paragraph:
Defendant appeals as of right from his conviction for second degree
murder. He raises three issues on review: (1) whether his case was
properly transferred from juvenile court to criminal court for trial;
(2) whether the proof is sufficient to support the jury's rejection of
his insanity plea; and (3) whether the trial judge erred in imposing
sentence. We affirm the judgment of the trial court. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/MCDANIEL_OPN.WP6
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© Copyright 1998 Tennessee Bar Association - This Issue (IN THIS ORDER):