TBALink Opinion-Flash

August 7, 1997 -- Volume #3 -- Number #072

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 Opinons From TSC
00-New Opinons From TSC-Rules
00-New Opinons From TSC-Workers Comp Panel
08-New Opinons From TCA
03-New Opinons From TCCA

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George Dean
TBALink Chief Editor


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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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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