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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HAL ANGUS, d/b/a HAL ANGUS DEMOLITION vs. CITY OF JACKSON Court:TCA Attorneys: For the Plaintiff/Appellant: For the Defendant/Appellee: Phillip L. Davidson Sidney W. Spragins Nashville, Tennessee Jonathon O. Steen Jackson, Tennessee Judge: LILLARD First Paragraph: In this case, a demolition company filed a lawsuit against the City of Jackson for breaching an alleged implied contract between the two parties by failing to mail the plaintiff demolition company invitations to bid on demolition projects. The trial court granted the City's motion for summary judgment, and the plaintiff appealed. We affirm. AFFIRMED. URL:http://www.tba.org/tba_files/TCA/ANGUSHAL_OPN.WP6 ANDREA Y. JOHNSON vs. CLINISSON A. JOHNSON Court:TCA Attorneys: Mimi Phillips; Phillips, Howard & Grubb of Memphis For Appellee A.C. Wharton, Jr.; Wharton & Wharton & Associates of Memphis For Appellant Judge: CRAWFORD First Paragraph: This appeal involves a post-divorce petition. Defendant, Clinisson A. Johnson (Husband), appeals from the judgment of the trial court ordering the immediate payment of Husband's pension awarded in the trial court's prior distribution of the marital property and awarding attorney's fees to plaintiff, Andrea Y. Johnson (Wife). AFFIRMED. URL:http://www.tba.org/tba_files/TCA/JHNSONCL_OPN.WP6 MALL OF MEMPHIS ASSOCIATES vs. TENNESSEE STATE BOARD OF EQUALIZATION AND RITA C. CLARK, Assessor of Property for Shelby County Court:TCA Attorneys: Clare Orman Shields, Harry J. Skefos, Ron W. Mcafee, Michael A. Brady; Martin, Tate, Morrow & Marston, P.C., of Memphis For Appellee Ronald Lee Gilman, Steven C. Bramer; Farris, Mathews, Gilman, Branan & Hellen, P.L.C. of Memphis For Appellant, Rita C. Clark Charles W. Burson, Attorney General and Reporter Christine Lapps, Assistant Attorney General For Tennessee State Board of Equalization Judge: CRAWFORD First Paragraph: This appeal involves a constitutional challenge by the Mall of Memphis Associates (the Mall) to an increase in its property value by the Assessor of Property for Shelby County, Tennessee (the Assessor). The respondents, Tennessee State Board of Equalization (the Board) and Rita C. Clark, the Assessor, appeal the judgment of the chancery court voiding an increase in the property assessment for the petitioner, the Mall. The chancery court held that the Board's reappraisal of the Mall's property violated the Mall's Fourteenth Amendment rights of equal protection under the United States Constitution. REVERSED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/MALLMPHS_OPN.WP6 BILLIE FRANCES MCLEMORE, EXECUTRIX OF THE ESTATE OF WILLIAM RALPH MCLEMORE vs. J. W. POWELL and RAYMOND NELSON Court:TCA Attorneys: William F. Kendall, III; Gregory A. Petrinjak Waldrop & Hall, P.A., of Jackson For Appellee Thomas E. Harwood of Trenton For Appellant Judge: CRAWFORD First Paragraph: This is a suit to collect a debt owing from a purchase of cattle. Defendant, J. W. Powell (Powell), appeals the judgment of the trial court finding that there was an agency relationship between Powell and his co-defendant, Raymond Nelson (Nelson), and awarding the plaintiff, Ralph McLemore (McLemore), a judgment against Powell in the amount of $9,867.98. REVERSED AND DISMISSED. URL:http://www.tba.org/tba_files/TCA/MCLEMORB_OPN.WP6 IN RE: ESTATE OF MAPLE IONE STOCKS GWYNETH J. HUGHES and LINDA LYONS, CO-ADMINISTRATRICES C.T.A. vs. ANNA GAYLE IRONSIDE and WILLIAM A. GRISHAM Court:TCA Attorneys: H. A. Nohsey of Union City For Appellants Philip J. Cooper of Memphis For Appellees Judge: CRAWFORD First Paragraph: This appeal arises from the probate of the Last Will and Testament of Maple Ione Stocks (Stocks) in the Chancery Court of Obion County. The co administratrices C.T.A., Gwyneth J. Hughes (Hughes) and Linda Lyons (Lyons), appeal the order of the chancery court vacating the order admitting Stocks's will to probate because of a lack of jurisdiction and/or venue, which was made final pursuant to Tenn. R. Civ. P. 54.02. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/STOCKS_OPN.WP6 KAREN SULLIVAN vs. BAPTIST MEMORIAL HOSPITAL, PATRICIA THOMAS, Individually and as Assistant Director of Nursing at Baptist Memorial Hospital East; and SUSAN PARSONS, Individually and in her Capacity as Respiratory Therapy Manager Court:TCA Attorneys: Stephen H. Biller and Sara Hall; Baker, Donelson, Bearman & Caldwell of Memphis For Appellant J. Edward Wise, Paul E Prather, Steven W. Likens; Kiesewetter, Wise, Kaplan, Schwimmer & Prather of Memphis For Appellees Judge: CRAWFORD First Paragraph: This is a defamation case. Plaintiff, Karen Sullivan, appeals from the order of the trial court granting summary judgment to defendant, Baptist Memorial Hospital (BMH). REVERSED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/SULLIVNK_OPN.WP6 THE TERMINIX INTERNATIONAL COMPANY, L.P. vs. STEPHAN TAPLEY and DENFORD TAPLEY Court:TCA Attorneys: David M. Rudolph; Martin, Tate, Morrow & Marston of Memphis For Appellant Judge: CRAWFORD First Paragraph: This appeal arises out of an action brought by a company to enforce covenants not to compete against two former employees. Plaintiff, The Terminix International Company, L.P. (Terminix), appeals from the order of the trial court setting aside the default judgment against the defendants, Stephan Tapley and Denford Tapley (the Tapleys), dismissing the action for lack of venue, and dismissing the petitions to hold the Tapleys in contempt for violating a permanent injunction. AFFIRMED. URL:http://www.tba.org/tba_files/TCA/TERMINIX_OPN.WP6 RAY DARRIS THOMPSON vs. STANLEY DICKERSON, ET AL Court:TCA Attorneys: Ray Darris Thompson, Pro Se John Knox Walkup, Attorney General and Reporter Arthur Crownover II, Assistant Attorney General For Appellees Judge: CRAWFORD First Paragraph: Plaintiff, Ray Darris Thompson, appeals the order of the trial court dismissing his complaint against the defendants, Stanley Dickerson, Betty Hammond, Vernon Brown, June Wesson, Bruce MacDonald, and Christine Bradley, for failure to prosecute. REVERSED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/THOMRAY_OPN.WP6 STATE OF TENNESSEE vs. JONATHAN ASKEW Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Gerald Green Charles W. Burson Attorney at Law Attorney General & Reporter 301 Washington, Suite 302 Memphis, TN 38103 Deborah A. Tullis Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 William L. Gibbons District Attorney General Perry Hayes Asst District Attorney General Criminal Justice Complex 201 Poplar, Suite 301 Memphis, TN 38103 Judge: SUMMERS First Paragraph: As part of a negotiated plea agreement, the appellant, Jonathan Askew, pled guilty to driving while under the influence and to driving while his license was revoked, canceled, or suspended. This was the appellant's second conviction for driving while under the influence, which is a violation of Tenn. Code Ann. S 55-10-401 (1993). Although the trial court found the appellant eligible for the work release program, it denied his application to the program because his employer, the State of Tennessee, refused to send his paycheck directly to the Shelby County Correctional Center Work Release Program. We respectfully reverse the judgment of the trial court and remand for reconsideration of the application. REVERSED AND REMANDED. URL:http://www.tba.org/tba_files/TCCA/ASKEWJON_OPN.WP6 STATE OF TENNESSEE vs. BARRI GEORGE (GREEN) AND CHARLIE GREEN Court:TCCA Attorneys: FOR THE APPELLANTS: FOR THE APPELLEE: Bobby A. McGee John Knox Walkup Attorney at Law Attorney General & Reporter P.O. Box 327 500 Charlotte Avenue Linden, TN 37096 Nashville, TN 37243-0497 Deborah A. Tullis Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 Clayburn L. Peeples District Attorney General 109 East First Street Trenton, TN 38382 Theodore H. Neumann Asst District Attorney General 109 East First Street Trenton, TN 38382 Judge: Jones First Paragraph: The appellants, Barri George (Green) and Charlie Green (defendants), entered pleas of guilty to the offense of custodial interference, a Class A misdemeanor. Two issues have been certified for review pursuant to Tennessee Rules of Appellate Procedure 3(b) and Tennessee Rules of Criminal Procedure 37(b)(2)(iv): 1. Whether the temporary restraining order issued by the Chancery Court of Gibson County on 9-15-95 at approximately 12:00 noon is void or voidable? 2. Whether or not at the time the temporary restraining order was issued by [the] Gibson County Chancery Court, the Gibson County Juvenile Court still retained exclusive jurisdiction over the custody of Samantha George? REVERSED AND DISMISSED. URL:http://www.tba.org/tba_files/TCCA/GREENBG_OPN.WP6 STATE OF TENNESSEE vs. WILLIAM K. WILSON Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Richard W. DeBerry John Knox Walkup Assistant Public Defender Attorney General & Reporter P.O. Box 663 500 Charlotte Avenue Camden, TN 38320 Nashville, TN 37243-0497 OF COUNSEL: Georgia B. Felner Assistant Attorney General Guy T. Wilkinson 450 James Robertson Parkway District Public Defender Nashville, TN 37243-0493 P.O. Box 663 Camden, TN 38320 R. Robert Radford District Attorney General P.O. Box 686 Huntingdon, TN 38344-0686 James W. Wallace Asst District Attorney General P.O. Box 637 Parsons, TN 38363-0637 John W. Overton, Jr. Asst District Attorney General P.O. Box 484 Savannah, TN 38372-0484 Judge: Jones First Paragraph: The appellant, William K. Wilson (defendant), was convicted of two counts of selling methamphetamine (crank), a Class C felony, by a jury of his peers. The trial court, finding the defendant to be a standard offender, imposed a Range I sentence consisting of a $10,000 fine and confinement for five (5) years in the Department of Correction in each count. The sentences are to be served concurrently. In this Court, the defendant contends the evidence is insufficient to support his convictions, the sentences imposed were excessive, and the trial court abused its discretion by refusing to impose an alternative sentence to incarceration. After a thorough review of the record, the briefs submitted by the parties, and the law governing the issues presented for review, it is the opinion of this Court the judgment of the trial court should be affirmed. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/WILSONWK_OPN.WP6
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