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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.
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- 00-New Opinons From TSC
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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
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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© Copyright 1998 Tennessee Bar Association - This Issue (IN THIS ORDER):