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TBALink Opinion-Flash
July 24, 1997 -- Volume #3 -- Number #068
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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JOE E. ARMSTRONG vs. TENNESSEE DEPARTMENT OF VETERANS AFFAIRS, COMMISSIONER FRED TUCKER in his official capacity as Commissioner of the Tennessee Department of Veteran Affairs, TENNESSEE CIVIL SERVICE COMMISSION and ELEANOR E. YOAKUM, in her official capacity as Secretary of the Tennessee Civil Service Commissioner Court:TCA Attorneys: PETER M. OLSON OLSON & OLSON, PLC 114 Franklin Street Clarksville, TN 37040 Attorney for Petitioner/Appellee JOHN KNOX WALKUP Attorney General and Reporter JAMES C. FLOYD Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0490 Attorney for Respondents/Appellants Judge: CANTRELL First Paragraph: The question in this case is whether a state employee protected by civil service has a right to be heard before being reclassified to the unprotected executive service. The Chancery Court of Davidson County held that the employee had a right to grieve the reclassification. We affirm. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/armstje_opn.WP6
IN RE: ESTATE OF ORA SLOAN BLANKENSHIP
KATHERINE SLOAN BRADEN and STEVE SLOAN
vs.
BILLIE ANN GANN
Court:TCA
Attorneys:
Dennis Clifton Wright
Madison, Tennessee
Defendant/Appellee.
John H. Lowe
Goodlettsville, Tennessee
Attorneys for Plaintiffs/Appellants
Shawn J. McBrien
Lebanon, Tennessee
Attorney for Defendant/Appellee
Judge: CANTRELL
First Paragraph:
This matter appears appropriate for consideration pursuant to Rule 10(a) of the Rules of the Court of Appeals of Tennessee.
In this case, the decedent, Ora Sloan Blankenship (ÒBlankenshipÓ), 84
years old, died on June 24, 1994. Subsequently, a petition was filed
to probate BlankenshipÕs alleged holographic will. The purported
holographic will named one of BlankenshipÕs sisters, Kathryn Braden
(ÒBradenÓ) and BlankenshipÕs nephew, Steve Sloan (ÒSloanÓ) as
co-representatives of the estate. AFFIRMED.
URL:http://www.tba.org/tba_files/TCA/BRADENSL_OPN.WP6
ALLAN COMBS, et al.
vs.
BILLY J. STOKES, Commissioner
of the Tennessee Department of
Employment Security
and
HOLSTON DEFENSE CORPORATION
Court:TCA
Attorneys:
For Appellant For Appellees Combs, et al.
CHERIE S. ADAMS D. BRUCE SHINE
Wilson, Worley & Gamble, P.C. DONALD F. MASON, JR.
Kingsport, Tennessee Shine & Mason
Kingsport, Tennessee
EVERETT H. MECHEM
Holston Defense Corporation For Appellee Stokes
Kingsport, Tennessee
JOHN KNOX WALKUP
Attorney General & Reporter
SANDRA E. KEITH
Office of the Attorney General
Nashville, Tennessee
Judge: Susano
First Paragraph:
This is an unemployment compensation case. Holston Defense
Corporation (HDC) appeals the trial courtÕs determination that 29 of
its former employees (Òthe PetitionersÓ) are entitled to receive full
unemployment benefits with no offset for pension benefits. REVERSED
AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/COMBS_OPN.WP6
JAMES CRITTENDEN
vs.
MEMPHIS HOUSING AUTHORITY
Court:TCA
Attorneys:
For the Plaintiff/Appellee: For the Defendant/Appellant:
Alan Bryant Chambers Mark Beutelschies
Jeff A. Crow, Jr. Memphis, Tennessee
Memphis, Tennessee
Judge: LILLARD
First Paragraph:
This is an action for breach of an employment contract and deprivation
of civil rights under 42 U.S.C. ¤ 1983. The trial court granted
summary judgment in favor of the plaintiff employee. We reverse.
REVERSED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/crittmha_opn.WP6
GARY LeROY CURTIS
vs.
JANE WELTHA (WILLIAMS) CURTIS
Court:TCA
Attorneys:
For Gary LeRoy Curtis: For Jane Weltha (Williams) Curtis:
R. Eddie Davidson Jack Norman, Jr.
Nashville, Tennessee Nashville, Tennessee
Thomas F. Bloom
Nashville, Tennessee
Judge: KOCH
First Paragraph:
This appeal involves the dissolution of a marriage of two persons who
lived together as husband and wife for over thirty years but who were
legally married for only ten years. Following a bench trial, the
Fourth Circuit Court for Davidson County granted the wife a divorce,
divided the marital estate, and directed the husband to pay the wife
long-term spousal support and defray the wifeÕs legal expenses in the
divorce proceeding. On this appeal, the husband asserts that the trial
court should not have dismissed his complaint for divorce, that the
wife was not entitled to long term spousal support, that the trial
courtÕs division of the marital estate was inequitable, and that the
wife was not entitled to recover her legal expenses in the divorce
litigation. We affirm the final judgment. AFFIRMED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/CURTISGL_OPN.WP6
REBA V. DAVIS and TYLER WAYNE
DAVIS by next friend, REBA V. DAVIS
vs.
HARRIMAN CITY HOSPITAL, THE
CITY OF HARRIMAN, JEAN ANGELO,
BRENDA RUTHERFORD, BETTY
SAMPSON, RHONDA MARTIN, MELINDA
LATHAM, SHARON UNDERWOOD and VICKIE KLINNERT
Court:TCA
Attorneys:
DAVID C. LEE, Lee, Lee & Lee, Knoxville, for Appellants.
HAROLD D. BALCOM, JR., Kingston, for Appellee, City of Harriman
Hospital.
GERALD LARGEN, Kingston, for Appellees, Jean Angelo, Brenda
Rutherford, Rhonda Martin, Sharon Underwood, and Vickie Klinnert.
Judge: McMurray
First Paragraph:
This is a medical malpractice case. Plaintiff, Reba V. Davis brought
suit, individually and on behalf of her infant son, Tyler, against Dr.
Elbert Cunningham, Harriman City Hospital and the City of Harriman for
injuries sustained by Tyler shortly after his birth. After reaching a
settlement with Dr. Cunningham, the physician who delivered Tyler, Ms.
Davis amended her complaint to include allegations of negligence
against the attendant Harriman City Hospital nurses. AFFIRMED AND
REMANDED.
URL:http://www.tba.org/tba_files/TCA/davis359_opn.WP6
FRED E. DEAN
vs.
DONAL CAMPBELL, et al.
Court:TCA
Attorneys:
Fred E. Dean, Pro Se
John Knox Walkup, Attorney General and Reporter,
Stephanie R. Reevers, Assistant Attorney General
Attorneys for Defendants/Appellees.
Judge: FARMER
First Paragraph:
Fred E. Dean, an inmate in custody of the Tennessee Department of
Corrections (TDOC) sued Donal Campbell, Robert Conley, Corporal Lane
and Officer Maxwell for monetary damages in a ÒComplaint for Violation
of Civil Rights Under 42 U.S.C. ¤ 1983.Ó The complaint alleges that
when Mr. Dean was transferred from one correction facility to another,
several items of personal property were missing, to-wit: sweat pants
and shirt, plastic bowl, some cosmetics and a prayer rug. He alleges
that after writing Commissioner Campbell, he was notified prayer rugs
must be no larger than 3 x 5 feet; with a fire retardant label and
nonskid back. The complaint alleges that prayer rugs are not made
with a nonskid back or fire retardant label. Thus, he alleges that he
has been deprived of a prayer rug. AFFIRMED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/DEANFE_OPN.WP6
ANNABEL DROUSSIOTIS
vs.
CINDY DAMRON, DONALD DAMRON,
and MRS. DONALD DAMRON
Court:TCA
Attorneys:
Frank Fly
301 North Spring Street
Murfreesboro, TN 37130
ATTORNEY FOR PLAINTIFF/APPELLANT,
Steven A. Dix
201 West Main Street
Murfreesboro, TN 37130
ATTORNEY FOR DEFENDANTS/APPELLEES
Judge: TODD
First Paragraph:
The captioned plaintiff has appealed from a summary judgment
overruling her motion for summary judgment against the defendants, Mr.
and Mrs. Donald Damron, and rendering summary judgment dismissing her
suit against Mr. and Mrs. Donald Damron, parents of the third
defendant, Cindy Damron, against whom a jury verdict of $552,500.00
was rendered and made the judgment of the Trial Court. AFFIRMED AND
REMANDED.
URL:http://www.tba.org/tba_files/TCA/DROUSSIO_OPN.WP6
ANN ELIZABETH DUDENHOEFFER
vs.
GEORGE DANIEL DUDENHOEFFER
Court:TCA
Attorneys:
JOHN B. LINK, III
Nashville, Tennessee
Attorney for Appellant
JAMES F. BUTLER
SPRAGINS, BARNETT, COBB & BUTLER
Jackson, Tennessee
Attorney for Appellee
Judge: HIGHERS
First Paragraph:
In this action for separate maintenance, the trial court awarded Ann
Elizabeth Dudenhoeffer (ÒWifeÓ) a decree of separate maintenance and
dismissed George Daniel DudenhoefferÕs (ÒHusbandÓ) counter-complaint
for divorce. The trial court ordered Husband to maintain Wife as an
insured on his medical insurance policy until Wife reaches age
sixty-five and ordered Husband to maintain his three preexisting life
insurance policies designating Wife as the sole irrevocable
beneficiary. Wife was awarded the following: the marital residence,
an automobile, WifeÕs IRA account, HusbandÕs IRA account, one-half of
HusbandÕs retirement benefits, the remaining balance of HusbandÕs
401-K account, a certificate of deposit, eighty-eight shares of
Tenneco stock, the proceeds from a savings account, all savings bonds
in WifeÕs possession, two burial plots, an annuity, and the partiesÕ
jointly owned personal property and household goods which Wife had in
her possession. Husband was awarded the personal property which he
had in his possession, a truck, a bass boat, a motor, a trailer,
boating accessories, and proceeds previously withdrawn by him from his
401-K account. AFFIRMED.
URL:http://www.tba.org/tba_files/TCA/dudenhoe_opn.WP6
Mary Jane Bohlen Duggan
vs.
Frederick Louis Bohlen, III
Court:TCA
Attorneys:
DAVID W. KIOUS
1535 West Northfield Boulevard
8 Lincoln Square
Murfreesboro, Tennessee 37216
ATTORNEY FOR PLAINTIFF/APPELLANT
KATHRYN G. BRINTON
43 Music Square West
Nashville, Tennessee 37203
ATTORNEY FOR DEFENDANT/APPELLEE
Judge: LEWIS
First Paragraph:
This is an appeal by petitioner/appellant, Mary Jane Bohlen Duggan,
from the decision of the trial court modifying the child support
obligation of respondent/appellee, Frederick Louis Bohlen, III, and
interpreting the partiesÕ marital dissolution agreement (ÒMDAÓ) and a
later amendment to the MDA. The court concluded Mr. Bohlen was not in
contempt and required him to pay $860.00 per month for the partiesÕ
youngest child, $250.00 per month for each child over eighteen and
under twenty-two provided the child is receiving a postgraduate
education, and one-half of the childrenÕs postgraduate education
expenses. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/DUGGANM_OPN.WP6
DEBRA ANN EBERHART
vs.
WILLIAM DANIEL EBERHART
Court:TCA
Attorneys:
For Appellant For Appellee
LESLIE B. McWILLIAMS ROBERT J. BATSON, JR.
Chattanooga, Tennessee Chattanooga, Tennessee
Judge: Susano
First Paragraph:
In this post-divorce case, William Daniel Eberhart (Father) filed a
petition seeking custody of his son, Daniel D. Eberhart, age 7. He
seeks to modify the partiesÕ judgment of divorce, which granted his
former wife, Debra Ann Eberhart (Mother), sole custody of their child.
Following a bench trial, the court denied FatherÕs request and
dismissed his petition. AFFIRMED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/EBERHART_OPN.WP6
MARY S. FENDLEY
vs.
MART G. FENDLEY
Court:TCA
Attorneys:
For the Plaintiff/Appellee: For the Defendant/Appellant:
Jennifer D. Roberts Roger A. Maness
Dickson, Tennessee Marks, Shell, Maness & Marks
Clarksville, Tennessee
Judge: KOCH
First Paragraph:
This appeal involves the classification of property in a divorce case.
The wife filed for divorce in the Chancery Court for Montgomery
County after seventeen years of marriage. Following a bench trial,
the trial court declared the parties divorced and awarded the wife
custody of the four minor children. In its division of the partiesÕ
property, the trial court classified the partiesÕ home as marital
property and awarded it to the wife but classified the household
furniture, funds inherited by the wife, and a limited partnership
interest in an athletic club as the wifeÕs separate property. The
husband takes issue on this appeal with the allocation of the
responsibility for the debt on the home, the classification of
separate property, and the overall distribution of the marital estate.
We have determined that the trial court should have allocated the
debt secured by the home to the wife and that the trial court
correctly classified the disputed assets and equitably distributed the
marital estate. AFFIRMED AS MODIFIED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/fendleym_opn.WP6
CAROLYN R. FRANKLIN and
EDWARD J. FRANKLIN
vs.
REBECCA A. KIMBERLY and
RAY KIMBERLY
SERVED AS UNINSURED MOTORIST CARRIERS:
ST. PAUL INSURANCE COMPANY,
a/k/a ECONOMY FIRE AND CASUALTY
COMPANY
TENNESSEE FARMERS MUTUAL
INSURANCE COMPANY
Court:TCA
Attorneys:
Kurtis J. Winstead #13084
CORNELIUS & COLLINS
2700 Nashville City Center
511 Union Street
Nashville, TN 37219
ATTORNEY FOR APPELLANT, ST. PAUL INSURANCE COMPANY
Lawrence D. Sands #11667 Edward Lawwell #3063
SANDS & SANDS LAWWELL DALE & GRAHAM
P.O. Box 1660 P.O. Box 1017
Columbia, TN 38402-1660 Columbia, TN 38402-1017
ATTORNEYS FOR PLAINTIFFS, ATTORNEY FOR APPELLEE
CAROLYN R. AND EDWARD J. FRANKLIN TENN. FARMERS MUT. INS. CO.
Judge: TODD
First Paragraph:
This is an appeal from an interlocutory ruling which the Trial Judge
rendered final as provided by TRCP Rule 54.02. The controversy on
appeal is between St. Paul Insurance Company, a/k/a Economy Fire and
Casualty Company, (hereafter St. Paul), and Tennessee Farmers Mutual
Insurance Company (hereafter Tennessee Farmers). The plaintiffs have
filed a brief in support of their interest in the disposition of the
appeal. AFFIRMED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/FRANKLIN_OPN.WP6
TRABON GENTRY, as the Executor
for the Estate of DONNIE R.
GENTRY, Deceased
vs.
NORFOLK SOUTHERN RAILWAY COMPANY
Court:TCA
Attorneys:
For Appellant For Appellee
B. STEWART JENKINS CLAYTON M. WHITTAKER
ROBERT D. BRADSHAW Foster, Foster, Allen &
Jenkins & Bradshaw, P.C. Durrence
Chattanooga, Tennessee Chattanooga, Tennessee
Judge: Susano
First Paragraph:
This is a suit for damages brought under the Federal Employers'
Liability Act, 51 U.S.C. S 51, et seq. (FELA), by the Executor of the
Estate of Donnie R. Gentry (Gentry). The Executor sued Gentry's
employer, Norfolk Southern Railway Company (Norfolk Southern),
alleging that Norfolk Southern's negligence had caused Gentry to
suffer a fatal heart attack while on the job. As expressed in answers
to interrogatories, the jury found that Norfolk Southern was
negligent; however, it then concluded that such negligence did not
cause Gentry's death. The jury thus returned a verdict in favor of
Norfolk Southern. AFFIRMED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/GENTRY_OPN.WP6
ANTONIO T. GRAY
vs.
26th JUDICIAL DRUG TASK FORCE;
RICK STAPLES, Chief of Police;
WARREN ROBERTS, Former Madison
County Sheriff; DTF POLICE CAPT.
T. A. COLEMAN; DTF POLICE CAPT.
MARK CALDWELL; DTF POLICE
INV. DANNY MULLIKIN; DTF
POLICE INV. JAMES TRUELOVE;
CITY OF JACKSON and COUNTY OF MADISON
Court:TCA
Attorneys:
For the Plaintiff/Appellant: For the Defendants/Appellees,
26th Judicial Drug
Antonio T. Gray, Pro Se Task Force, Richard Staples,
Henning, Tennessee T. A. Coleman, Mark Caldwell,
Danny Mullikan and James Truelove:
Charles W. Burson
David T. Whitefield
Nashville, Tennessee
For Defendants/Appellees, For Defendant/Appellee,
MadisonCounty Tennessee City of Jackson:
and Warren Roberts:
James I. Pentecost John D. Burleson
Jackson, Tennessee Patrick W. Rogers
Jackson, Tennessee
Judge: LILLARD
First Paragraph:
This case arises out of the plaintiff's arrest. The charges against
him were later dismissed, and he filed a lawsuit against the city
police chief, city police officers, sheriff's department officers,
members of the drug task force, and the city, for various violations
of his civil rights. The trial court granted the defendants' motions
for summary judgment, and we affirm. AFFIRMED.
URL:http://www.tba.org/tba_files/TCA/GRAYAT_OPN.WP6
Susanna Gillespie, a/k/a Susanna
Grezegorcyk, a/k/a Susanna Kantack,
a/k/a Susanna Gregg
vs.
Steven D. Graham,
and
Lori G. Graham
Court:TCA
Attorneys:
MARK C. ADAMS
1113 Murfreesboro Road
Franklin, Tennessee 37064
ATTORNEY FOR PLAINTIFF/APPELLANT
DOUGLAS S. HALE
312 First Tennessee Bank Bldg.
Franklin, Tennessee 37064
ATTORNEY FOR DEFENDANTS/APPELLEES
Judge: LEWIS
First Paragraph:
This is an appeal from the decision of the Williamson County Chancery
Court. Plaintiff/appellant, Susanna Gregg, claims the chancery court
erred when it denied her claim to attorney's fees, and
defendant/appellee, Steven D. Graham, claims the chancery court erred
when it failed to dismiss the claim as outside the statute of
limitations. AFFIRMED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/GREGGS_OPN.WP6
PEGGY ELAINE JACKSON HALL
vs.
MARK RICHARD HALL
Court:TCA
Attorneys:
Karen G. Crutchfield, McCord, Troutman & Irwin, P.C., Knoxville, for
Appellant. Phillip Reed, Maryville, for Appellee.
Judge: INMAN
First Paragraph:
A decree entered November 14, 1991 approved a marital dissolution
agreement which required the defendant to pay $600.00 per month child
support. Two years later, the "child support obligation" was
increased to $700.00 per month. This was followed by a motion to
again increase the support because of changed circumstances and, by
order entered October 8, 1996, the child support obligation was
increased to $1200.00 per month beginning June 1, 1996. The recipient
mother and custodian appeals, insisting that the increase is
inadequate under the Guidelines. MODIFIED.
URL:http://www.tba.org/tba_files/TCA/HALLMR_OPN.WP6
CORAZON R. JENKINS
vs.
T. ARTHUR JENKINS
Court:TCA
Attorneys:
T. Arthur Jenkins, pro se
Manchester, Tennessee
Hollynn L. Hewgley
Shelbyville, Tennessee
Attorney for Appellee
Judge: HIGHERS
First Paragraph:
In this divorce case, T. Arthur Jenkins ("Husband") appeals from an
order of the trial court which denied his motion to set aside a
divorce decree pursuant to Tenn. R. Civ. P. 60.02(2) and 60.02(5) and
ordered him to pay $637.50 to Corazon Jenkins ("Wife") as payment for
Wife's attorney fees arising from Husband's filing of the motion.
Husband appeals the judgment of the trial court arguing that the trial
court erred in denying his motion to set aside the divorce decree.
AFFIRMED.
URL:http://www.tba.org/tba_files/TCA/JENKINS_OPN.WP6
WILLIAM JONES
vs.
JEFF REYNOLDS, Commissioner,
Tennessee Department of Correction
Court:TCA
Attorneys:
For the Plaintiff/Appellant: For the Defendant/Appellee:
William Jones, Pro Se Charles W. Burson
Attorney General and Reporter
Patricia C. Kussmann
Counsel for the State
Judge: KOCH
First Paragraph:
This is the second appeal concerning a dispute between a prisoner and
the Department of Correction over the calculation of the prisoner's
sentence reduction credits. After the Department summarily denied his
second request for recalculation of his sentence credits, the prisoner
filed a petition for declaratory judgment in the Chancery Court for
Davidson County asserting that the Department had miscalculated his
sentence credits. The trial court granted the Department's motion for
summary judgment, and the prisoner again appealed to this court. We
have determined that the summary judgment dismissing the prisoner's ex
post facto claims should be affirmed but that the summary judgment
dismissing the remaining claims must again be vacated. AFFIRMED IN
PART; VACATED IN PART; AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/jonesw_opn.WP6
THOMAS GERALD LANEY
vs.
DONAL CAMPBELL, Commissioner,
Tennessee Department of Correction
Court:TCA
Attorneys:
For the Plaintiff/Appellant: For the Defendant/Appellee:
Thomas Gerald Laney, Pro Se John Knox Walkup
Attorney General and Reporter
John R. Miles
Counsel for the State
Judge: KOCH
First Paragraph:
This appeal involves a dispute between a prisoner and the Department
of Correction concerning the prisoner's right to earn prisoner
sentence reduction credits while on death row. After the prisoner's
sentence was reduced to life, the Department denied his request for
credit for his educational activities while on death row. The
Chancery Court for Davidson County denied the prisoner's petition for
declaratory judgment, and the prisoner has appealed to this court. We
affirm the trial court because we have determined that a prisoner is
not entitled to receive sentence reduction credits for activities or
conduct taking place when the prisoner was ineligible to earn credits.
AFFIRMED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/LANEYTG_OPN.WP6
DELISA RIBBINS LEAK and
MARESHIA LEAK, b/n/f
DELISA RIBBINS LEAK
vs.
LAURIE GOODWILL and AT&T
SERVICE, INC.
Court:TCA
Attorneys:
DANIEL COLLINS and SAMUEL R. ANDERSON OF CHATTANOOGA FOR APPELLANTS
JOSEPH R. WHITE OF CHATTANOOGA FOR APPELLEES
Judge: Goddard
First Paragraph:
Delisa Ribbins Leak and Mareshia Leak, by next friend, Delisa Ribbins
Leak, appeal an order of the Circuit Court dismissing their case
against Laurie Goodwill. The case had purportedly been appealed from
the General Sessions Court pursuant to an order of two Judges of that
Court granting a writ of certiorari. The appeal only related to one
Defendant, Laurie Goodwill, and not the other Defendant, AT&T Service,
Inc. Upon motion of Ms. Goodwill, the Circuit Judge dismissed the
case against her, apparently on the grounds raised in the motion, that
their appeal was not timely, and thereupon remanded the case to the
General Sessions Court for "further hearing as to AT&T Service, Inc."
VACATED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/leakd_opn.WP6
RONALD E. LEONARD and wife
VICKIE J. LEONARD
vs.
BUTLER MARKLAND, Contractor
Court:TCA
Attorneys:
M. STANLEY GIVENS OF JOHNSON CITY FOR APPELLANT
ROBERT D. ARNOLD OF JOHNSON CITY FOR APPELLEES
Judge: Goddard
First Paragraph:
This controversy arose as a result of a contract entered into between
Robert E. Leonard and his wife, Vickie J. Leonard and Butler Markland.
The contract provided that Mr. Markland would build a house on a lot
owned by the Leonards at a total cost of $96,000. AFFIRMED AND
REMANDED.
URL:http://www.tba.org/tba_files/TCA/leonardr_opn.WP6
DALE WHITFIELD LOFTUS
vs.
ROBERT MARTIN LOFTUS, JR.
Court:TCA
Attorneys:
THOMAS C. BINKLEY
JEFFREY ZAGER
TRABUE, STURDIVANT & DEWITT
25th Floor, Nashville City Center
511 Union Street
Nashville, Tennessee 37219
Attorney for Petitioner/Counter-Respondent/Appellee
KATHRYN G. BRINTON
43 Music Square West
Nashville, Tennessee 37203
Attorney for Respondent/Counter-Petitioner/Appellant
Judge: CANTRELL
First Paragraph:
The Probate Court of Davidson County set the father's support
obligation below the amount called for in the child support
guidelines. The father asserts on appeal that the court should have
ordered a more drastic deviation or should have terminated his
payments altogether. The mother asserts that the court erred in
deviating from the guidelines. We affirm the lower court's order.
AFFIRMED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/LOFTUSDW_OPN.WP6
DIANA SUE LONG
vs.
MICHAEL GEORGE LONG
Court:TCA
Attorneys:
ROSE PALERMO
Cheatham & Palermo
43 Music Square West
Nashville, Tennessee 37203
ATTORNEY FOR PLAINTIFF/APPELLEE
DAVID H. HORNIK
222 Second Avenue North
Suite 360M
Nashville, Tennessee 37201-1649
ATTORNEY FOR DEFENDANT/APPELLANT
Judge: LEWIS
First Paragraph:
This is an appeal by the defendant, Michael George Long, from that
portion of the trial court's judgment which awarded alimony in futuro
to his former wife, Diana Sue Long, who was the plaintiff. AFFIRMED
AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/LONGD_OPN.WP6
SHIRLEY JEAN McCRACKEN
and ALAN McCRACKEN
vs.
BRENTWOOD UNITED
METHODIST CHURCH
Court:TCA
Attorneys:
For the Plaintiffs/Appellants: For the Defendant/Appellee:
Stanley M. Chernau Frank Thomas
Linda F. Burnsed Leitner, Warner, Moffitt et al
Nashville, Tennessee Nashville, Tennessee
Judge: KOCH
First Paragraph:
This appeal involves a woman who broke both ankles in a fall at
church. The woman and her husband filed suit in the Circuit Court for
Williamson County against the church and others. The trial court
granted the church's motion for summary judgment based on the statute
of limitations and the joint enterprise rule. The woman and her
husband perfected this appeal after obtaining post-judgment relief
from an inappropriate interlocutory appeal. We have determined that
the trial court properly granted the post-judgment relief but erred in
summarily dismissing the complaint. AFFIRMED IN PART; REVERSED IN
PART; AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/MCCRACSJ_OPN.WP6
BEVERLY FAY MELTON
vs.
DANNY JOE MELTON
Court:TCA
Attorneys:
WILLIAM R. NEESE
Dresden, Tennessee
Attorney for Appellant
JAMES H. BRADBERRY
JAMES H. BRADBERRY & ASSOCIATES
Dresden, Tennessee
Attorney for Appellee
Judge: HIGHERS
First Paragraph:
In this divorce action, Danny Joe Melton (hereinafter, "Husband" or
"Mr. Melton") appeals the trial court's determination regarding the
division of the marital estate, custody of the parties' minor child,
and the award of certain farm equipment to his former father-in-law.
AFFIRMED.
URL:http://www.tba.org/tba_files/TCA/melton_opn.WP6
Mid-State Trust IV
vs.
Randall W. Swift
Court:TCA
Attorneys:
RANDALL W. SWIFT, PRO SE
1107 Nettie Drive
Ashland City, Tennessee 37015
CRAIG R. ALLEN, ESQ.
Foster, Foster, Allen & Durrence
515 Pioneer Bank Building
801 Broad Street
Chattanooga, TN 37402
ATTORNEY FOR PLAINTIFF/APPELLEE
Judge: LEWIS
First Paragraph:
This is an appeal by defendant/appellant, Randall W. Swift, from the
decision of the Cheatham County Circuit Court dismissing his appeal
from the general sessions court. The facts out of which this matter
arose are as follows. Swift executed a promissory note and deed of
trust in favor of Jim Walter Homes, Inc. ("JWH") in August 1991. The
deed of trust gave JWH a security interest in a piece of property
located in Cheatham County and owned by Mr. Swift. JWH subsequently
assigned its security interest to plaintiff/appellee, Mid State Trust
IV. REVERSED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/MIDSTATE_OPN.WP6
MARK E. MILLER
vs.
MICHAEL P. SCHRIMPF, RITA K.
SCHRIMPF, and TENNESSEE
TITLE AND TRUST, INC.
LINDA H. VAUGHN, d/b/a
LAKESIDE COLDWELL BANKER,
BONNIE CAMPBELL and
CAMPBELL REALTORS, INC.
Court:TCA
Attorneys:
VICKY V. KLEIN
L. ANTHONY DEAS
509 Lentz Drive
P. O. Box 608
Madison, Tennessee 37115
Attorneys for Plaintiff/Appellant
J. RUSSELL FARRAR
KRISTIN ELLIS BEREXA
211 Seventh Street North, Suite 320
Nashville, Tennessee 37219
Attorneys for Defendant/Appellee Linda H. Vaughn
d/b/a Lakeside Coldwell Banker
LINDA F. BURNSED
SunTrust Center
424 Church Street, Suite 1750
Nashville, Tennessee 37219
Attorney for Defendant/Appellee Bonnie Campbell
and Campbell Realtors, Inc.
Judge: CANTRELL
First Paragraph:
The purchaser of a subdivision lot sued his agent and the sellers'
agent because the lot could not be approved for a septic tank. His
complaint stated causes of action for fraud, negligence, and a
violation of the Tennessee Consumer Protection Act. The Chancery
Court of Sumner County granted summary judgment to both agents. We
reverse the simple negligence claim as to the purchaser's own agent.
In all other respects, the judgment is affirmed. AFFIRMED IN PART;
REVERSED IN PART; AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/MILLERME_OPN.WP6
TOM MILLIGAN and wife
LOUISE MILLIGAN
vs.
CURTIS GEORGE and wife
WILMA J. GEORGE
Court:TCA
Attorneys:
For the Plaintiffs/Appellees: For the Defendants/Appellants:
Frank Buck Sue N. Puckett-Jernigan
Lena Ann Buck Smithville, Tennessee
Smithville, Tennessee
Judge: KOCH
First Paragraph:
This interlocutory appeal involves a boundary line dispute between
neighbors who live along Wilmouth Creek in Cannon County. Following
inconclusive litigation between two of their neighbors, the owners of
one of the tracts filed a boundary line action in the Chancery Court
for Cannon County against the owners of one of the adjoining tracts
that had been involved in the earlier litigation. The defending
landowners moved to dismiss the complaint on the ground that the
decision in the earlier litigation was res judicata as to the
plaintiff landowners' claims. The trial court denied the motion but
granted permission to seek an interlocutory appeal. We granted the
application for permission to appeal and now affirm the denial of the
motion to dismiss because the parties in this case and the former case
are not the same. AFFIRMED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/MILLIGAT_OPN.WP6
KATHY L. MOYERS
vs.
ROALD A. MOYERS
Court:TCA
Attorneys:
RAMSEY B. LEATHERS, JR.
BLACKBURN, SLOBEY, FREEMAN & HAPPELL, P.C.
414 Union Street
2050 NationsBank Plaza
Nashville, Tennessee 37219-0693
Attorney for Petitioner/Appellee
ROY A. MILES, JR.
First American Center, Suite 1215
Nashville, Tennessee 37238-1215
Attorney for Respondent/Appellant
JOHN KNOX WALKUP
Attorney General & Reporter
KAREN M. YACUZZO
Assistant Attorney General
450 James Robertson Parkway
Nashville, Tennessee 37243-0493
Attorney for the State of Tennessee
Judge: CANTRELL
First Paragraph:
This appeal followed a long course of post-divorce litigation that
prevented the parties from enjoying the peace that should have come
from the dissolution of their unhappy marriage. The trial court found
the husband guilty of five counts of criminal contempt for failing to
comply with the court's orders regarding division of marital property
and payment of alimony in solido, and ordered him to serve ten days in
jail for each count. On appeal we reverse the trial court as to four
of the five counts. AFFIRMED IN PART; REVERSED IN PART; AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/moyerskl_opn.WP6
PAUL J. MYER and
CAROLE A. MYER
vs.
MARK WHITACRE,
GINGER WHITACRE and FRAN
HAWORTH, individually and d/b/a
CENTURY 21 HAWORTH HOMES
Court:TCA
Attorneys:
HUGH C. HOWSER, JR.
2500 Nashville City Center
511 Union Street
Nashville, TN 37219
Attorney for Plaintiffs/Appellees
LISA M. CARSON
306 Court Square
Franklin, TN 37064
Attorney for Defendants/Appellants Mark Whitacre and Ginger Whitacre
Judge: CANTRELL
First Paragraph:
In this case involving a breach of a real estate contract, the
appellant asserts that the evidence preponderates against the amount
of damages found and the award of prejudgment interest. We affirm the
judgment of the trial court. AFFIRMED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/myerpj_opn.WP6
Pig Improvement Co., Inc. for the use and
benefit of Continental Casualty Co.
vs.
Curt Reaver and Richard Alan Tracey, Jr.
Court:TCA
Attorneys:
JOSEPH P. RUSNAK
Tune, Entrekin & White, P.C.
21st Floor, First American Center
315 Deaderick Street
Nashville, Tennessee 37238
ATTORNEY FOR PLAINTIFF/APPELLANT
BRYAN ESSARY
JOE W. ELLIS II
Gideon & Wiseman
NationsBank Plaza, Suite 1900
Nashville, Tennessee 37219-1782
ATTORNEYS FOR DEFENDANT/APPELLEE
Judge: LEWIS
First Paragraph:
This is an appeal by plaintiff/appellant, Pig Improvement Co., Inc.,
from a decision of the Sixth Circuit Court for Davidson County
dismissing Pig Improvements's complaint against defendants/appellees,
Curt Reaver and Richard Alan Tracey, Jr. VACATED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/PIG_OPN.WP6
PRICE & PRICE MECHANICAL, INC.
vs.
JAMES EDWARD HALE and HALE
CONSTRUCTION COMPANY, INC.
Court:TCA
Attorneys:
W. GARY BLACKBURN & MICHELLE JONES LONG, Blackburn, Slobey, Freeman &
Happell, P.C., Nashville, for appellant.
ROBERT A. CRAWFORD, Carpenter & O'Conner, Knoxville, for appellees.
Judge: McMurray
First Paragraph:
This case is before the court on an extraordinary appeal pursuant to
Rule 10, Tennessee Rules of Appellate Procedure. The sole issue which
we are called upon to decide is whether Tennessee recognizes the tort
of "intentional interference with prospective economic advantage"
(The tort). The trial court dismissed the plaintiff's claim on the
premise that Tennessee does not recognize the tort, citing Kultura,
Inc., v. Southern Leasing, 923 S.W.2d 536, (Tenn. 1996), quoting from
Quality Auto Parts v. Bluff City Buick, 876 S.W.2d 818, 823 (Tenn.
1994). REVERSED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/price357_opn.WP6
Reliance Insurance Company
vs.
WSN Leasing , Inc.
and
Steven Craig Griffin
Court:TCA
Attorneys:
GEORGE T. LEWIS, III
Baker, Donelson, Bearman & Caldwell
2000 First Tennessee Building
165 Madison Avenue
Memphis, Tennessee 38103
ATTORNEY FOR DEFENDANT/APPELLANT
MICHAEL F. RAFFERTY
Harris, Shelton, Dunlap & Cobb, L.L.P.C.
2700 One Commerce Square
Memphis, Tennessee 38103-2555
ATTORNEY FOR PLAINTIFF/APPELLEE
Judge: LEWIS
First Paragraph:
This is an appeal by defendant/appellant, WSN Leasing, Inc., from a
decision of the Sixth Circuit Court of Davidson County finding the
insurance policy issued by plaintiff/appellee, Reliance Insurance
Company, to WSN did not cover certain intentional acts of WSN's
employee, defendant Steven Craig Griffin, and granting summary
judgment in Reliance's favor. VACATED IN PART, AFFIRMED IN PART, AND
REMANDED.
URL:http://www.tba.org/tba_files/TCA/RELIANCE_OPN.WP6
HAROLD D. ROBBINS and wife
JEAN A. ROBBINS, Natural Parents
and Next of Kin of BRIAN K.
ROBBINS, Deceased
vs.
WILMA J. MONEY and
HERMAN L. MONEY
Court:TCA
Attorneys:
For Appellants For Appellees
ROBERT W. KNOLTON EDWARD M. GRAVES, JR.
Kramer, Rayson, Leake, CARL WINKLES
Rodgers & Morgan Knoxville, Tennessee
Oak Ridge, Tennessee
Judge: Susano
First Paragraph:
We are asked to review an arbitration award. Pursuant to the
authority found at T.C.A. SS 29-5-312 and 29-5-315, the trial court,
acting on the application of the plaintiffs, the parents of the late
Brian K. Robbins (Estate), confirmed the arbitrator's award of damages
to the Estate against the defendant Wilma J. Money (Money), and
entered a judgment "in conformity therewith." See T.C.A. S 29-5-315.
AFFIRMED AND REMANDED WITH INSTRUCTIONS.
URL:http://www.tba.org/tba_files/TCA/ROBBINS_OPN.WP6
HELEN S. ROGERS
vs.
TOM E. WATTS, JR.
with DISSENTING OPINION
Court:TCA
Attorneys:
HELEN SFIKAS ROGERS, pro se
Suite 1550
SunTrust Bank Building
201 Fourth Avenue North
Nashville, Tennessee 37219
THOMAS E. WATTS, JR., pro se
201 Fourth Avenue North
Suite 1260
P. O. Box 198494
Nashville, Tennessee 37219
Judge: LEWIS
First Paragraph:
This is an appeal by defendant/appellant, Thomas E. Watts, Jr., from
the decision of the Sixth Circuit Court of Davidson County finding Mr.
Watts liable for malicious prosecution and awarding
plaintiff/appellee, Helen S. Rogers, $18,000.00 in damages. AFFIRMED
AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/rogersh_opn.WP6
URL:http://www.tba.org/tba_files/TCA/rogersh_dis.WP6
RUDY E. ROGERS
vs.
GERALD L. YOUNG and
wife, TONYA A. YOUNG
Court:TCA
Attorneys:
RICHARD L. DUNLAP, III, The Dunlap Law Firm, Paris, Attorney for
Plaintiff.
WILLIAM T. LOONEY, Paris, Attorney for Defendants.
Judge: TOMLIN
First Paragraph:
Rudy E. Rogers (by name or "plaintiff") filed a suit to quiet title in
the Chancery Court of Henry County against Gerald L. Young and wife,
Tonya A. Young (by name or "defendants"), relative to a tract of land
owned by him. Following a bench trial the chancellor held that
plaintiff was barred from bringing an action to quiet title pursuant
to the provisions of T.C.A. ? 28-2-110, but nonetheless held that
plaintiff was the rightful owner of the disputed property. The sole
issue presented by this appeal is whether or not the chancellor erred
in holding that plaintiff was barred from bringing his action to quiet
title. AFFIRMED.
URL:http://www.tba.org/tba_files/TCA/ROGERUDY_OPN.WP6
SANDRA J. SCOTT
vs.
DR. GERALD B. CALIA
Court:TCA
Attorneys:
KENNETH K. KENNEDY OF KNOXVILLE FOR APPELLANT
MARTIN L. ELLIS and VONDA M. LAUGHLIN OF KNOXVILLE FOR APPELLEE
Judge: Goddard
First Paragraph:
This medical malpractice suit arises out of surgery performed on
Sandra Scott's feet by Dr. Gerald Calia on May 17, 1989. Ms. Scott
contends that Dr. Calia was negligent in his medical care of her. She
insists on appeal that the Trial Court was in error in directing a
verdict against her at the close of her proof. VACATED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/scotts_opn.WP6
STATE OF TENNESSEE ex rel
SHERRY SHAVER
vs.
RICHARD D. SHAVER
Court:TCA
Attorneys:
JOHN KNOX WALKUP
Attorney General and Reporter
KIMBERLY M. FRAYN
Assistant Attorney General
Nashville, Tennessee
Attorney for Appellant
C. TRACEY PARKS
HARSH, PARKS, HARSH
Gallatin, Tennessee
Attorney for Appellee
Judge: HIGHERS
First Paragraph:
In this enforcement of child support case, the State of Tennessee
("State") brings this action on behalf of Sherry Shaver ("Mother") and
her minor child, Amber Nicole Shaver ("Amber"), in order to collect
child support arrearages from Richard Shaver ("Father") based upon a
Texas divorce decree. The trial court held that Father's child
support obligations irrevocably and absolutely terminated on August
24, 1987 when Father filed an affidavit relinquishing his parental
rights to Amber. The trial court further held that Father was not in
arrears for any child support payments which accrued from and after
August 24, 1987. The State appeals the judgment of the trial court
arguing that Father's child support obligation did not terminate upon
the filing of his affidavit which purported to relinquish his parental
rights and that child support arrearages did accrue prior to Father's
signing of the affidavit. REVERSED.
URL:http://www.tba.org/tba_files/TCA/SHAVER_OPN.WP6
SOUTHEAST DRILLING &
BLASTING SERVICES, INC.
vs.
BRS CONSTRUCTION COMPANY
and
STONES RIVER PLACE LTD.,
ED BOYD EXCAVATING, INC.
Court:TCA
Attorneys:
For Southeast Drilling For Stones River Place, Ltd and
& Blasting Services, Inc.: BRS Construction:
Frank Grace, Jr. William W. Gibson
Dana C. McLendon, III James C. Bradshaw, III
Waller Lansden Dortch & Davis Wyatt Tarrant & Combs
Nashville, Tennessee Nashville, Tennessee
Charles M. Levy
Coral Gables, Florida
For Ed Boyd Excavating, Inc.:
Wm. Kennerly Burger
Murfreesboro, Tennessee
Jack E. Seaman
Nashville, Tennessee
Judge: KOCH
First Paragraph:
This extraordinary appeal involves a dispute over whether discovery
should be stayed pending resolution of a motion to compel arbitration.
Since the application and answers fully set forth the parties'
positions and the material facts, we dispense with further briefing
and oral argument and proceed to the merits of the appeal in order to
save the parties additional time and expense. We find that this is a
proper case for an extraordinary appeal because the trial court should
resolve the motion to compel arbitration prior to allowing any
proceedings related to the merits. Therefore, in accordance with
Tenn. Ct. App. R. 10(b),. we vacate the order directing that
depositions be held within thirty days and reserving judgment on the
motion to compel arbitration for forty-five days and remand the case
to the trial court for further proceedings in accordance with this
opinion. VACATED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/SOUTHEST_OPN.WP6
STAR TRUCK AND TRAILER, INC.
vs.
JIM HAWK TRUCK TRAILERS, INC.
Court:TCA
Attorneys:
Stephen H. Price; Farris, Warfield & Kanaday of Nashville
For Appellee
James T. Allison of Memphis
For Appellant
Judge: CRAWFORD
First Paragraph:
This appeal involves long-arm jurisdiction over a nonresident
corporate defendant. The plaintiff, Star Truck and Trailer, Inc.
(Star Truck), appeals from the judgment of the trial court granting
the defendant's, Jim Hawk Truck Trailers, Inc.'s (Hawk), motion to
dismiss for lack of personal jurisdiction. DISMISSED.
URL:http://www.tba.org/tba_files/TCA/STAR_OPN.WP6
CHONG Y. STRUCK
vs.
GARY L. STRUCK
with ORDER on PETITION to REHEAR
Court:TCA
Attorneys:
BRAD W. HORNSBY
BULLOCK, FLY & McFARLIN
301 North Spring Street
Murfreesboro, TN 37133-0398
Attorney for Plaintiff/Appellant
DICKEN E. KIDWELL
300 East Vine Street
Murfreesboro, TN 37130
Attorney for Defendant/Appellee
Judge: CANTRELL
First Paragraph:
The question in this case is whether the alimony set by the court was
subject to modification. The trial judge terminated the alimony upon
the wife's remarriage. We affirm. AFFIRMED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/struckcy_opn.WP6
URL:http://www.tba.org/tba_files/TCA/STRUCKCY_ORD.WP6
TENNESSEE TEACHERS CREDIT UNION
vs.
ANITA ORR
Court:TCA
Attorneys:
ANITA ORR
P.O. Box 198152
Nashville, TN 37219
PRO SE FOR DEFENDANT/APPELLANT
T. LARRY EDMONDSON, #5601
808 Broadway, Second Floor
Nashville, TN 37203
ATTORNEY FOR PLAINTIFF/APPELLEE
Judge: TODD
First Paragraph:
This appeal is from a judgment in favor of the captioned plaintiff in
a suit to recover the amount due upon a loan secured by a lien upon an
automobile. APPEAL DISMISSED.
URL:http://www.tba.org/tba_files/TCA/TNTEACH_OPN.WP6
LISA NICOLE TOMLIN, a minor
by her next friend and parent,
GWENDOLYN S. COCKERHAM and
GWENDOLYN S. COCKERHAM,
individually
vs.
DONNA F. WARREN
and
ALPHONSO BOWERS and
PATRICIA DUNN
Court:TCA
Attorneys:
MARK M. MIXELL
1808 West End Avenue
Suite 915
Nashville, Tennessee 37203
Attorney for Plaintiffs/Appellants
JAMES D. KAY, JR.
BRIDGETT A. WOHLPART
Suite 340M, Washington Square Two
222 Second Avenue North
Nashville, Tennessee 37201
Attorney for Defendant/Appellee
Judge: CANTRELL
First Paragraph:
The question in this appeal is whether the owner of a mobile home is
liable to a third party who was accidentally shot by a guest of a
tenant. The Circuit Court of Davidson County granted summary judgment
to the owner. We affirm. AFFIRMED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/TOMLINLN_OPN.WP6
SAMUEL R. ADAMS, et al.
vs.
MARGARET C. CULPEPPER,
Commissioner of Tennessee
Department of Employment
Security, and TENNESSEE VALLEY
AUTHORITY
Court:TCA
Attorneys:
SAM G. SMITH, JR., Moore & Smith, P.C., Knoxville for Appellants.
EDWARD S. CHRISTENBURY, General Counsel, ROBERT C. GLINSKI, Assistant
General Counsel, BRENT R. MARQUAND and RICHARD E. RIGGS, Knoxville,
for Defendant, Tennessee Valley Authority.
JOHN KNOX WALKUP, Attorney General and Reporter, and KIMBERLY M.
FRAYN, Assistant Attorney General, Nashville, for Tennessee Department
of Employment Security.
Judge: McMurray
First Paragraph:
This is an appeal from a judgment of the Chancery Court of Knox
County, affirming the decision of The Department of Employment
Security Board of Review in denying all the appellants unemployment
compensation benefits. We affirm the judgment of the trial court.
AFFIRMED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/tva358_opn.WP6
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