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TBALink Opinion-Flash
August 26, 1997 -- Volume #3 -- Number #078
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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- 03-New Opinons From TSC
- 00-New Opinons From TSC-Rules
- 02-New Opinons From TSC-Workers Comp Panel
- 08-New Opinons From TCA
- 05-New Opinons From TCCA
- 03-New Opinons From TSC
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TAMMY R. GANZEVOORT vs. RICHARD B. RUSSELL et al Court:TSC First Paragraph: The plaintiff-appellant has filed a petition to rehear; the Attorney General, on behalf of the State, seeks permission to join in the petition and file an amicus brief, which applications are granted. URL:http://www.tba.org/tba_files/TSC/GANZEVOP_OPN.WP6
JOHN JACO
vs.
DEPARTMENT OF HEALTH, BUREAU OF MEDICAID
Court:TSC
Attorneys:
For Petitioner-Appellee: For Respondent-Appellant:
Thomas F. Bloom John Knox Walkup
Nashville Attorney General and Reporter
Nashville
Michael E. Moore
Solicitor General
Michelle K. Hohnke
Nashville
Judge: REID
First Paragraph:
This case presents for review the decision of the Court of Appeals
reversing the trial court's dismissal of a petition for judicial
review of an administrative decision. The judgment of the Court of
Appeals is AFFIRMED.
URL:http://www.tba.org/tba_files/TSC/JACOJ_OPN.WP6
HAROLD E. STEELE, DON PETERSON et al
vs.
THE INDUSTRIAL DEVELOPMENT BOARD OF THE METROPOLITAN GOVERNMENT OF
NASHVILLE AND DAVIDSON COUNTY et al
Court:TSC
Attorneys:
For Defendant/Petitioner For Plaintiffs-Respondents:
David Lipscomb University:
Joseph H. Johnston
Bradley A. MacLean Nashville
Stephen H. Price
Farris, Warfield & Kanaday
Nashville
For Defendant/Sovran Bank & Sovran
Bank/Tennessee:
Robert J. Warner, Jr.
Boult, Cummings, Conners & Berry
Nashville
For Industrial Development For Metropolitan
Board of Nashville and Government of Nashville and
Davidson County: Davidson County:
Bobby D. Davis James L. Charles
McKinney & Davis James L. Murphy, III
Madison Paul D. Krivacka
Nashville
For Amicus Curiae State of For Amicus Curiae Tennessee
Tennessee: Municipal League and
Tennessee County Services
Charles W. Burson Association:
Attorney General & Reporter
Nashville George E. Barrett
Phillip A. Purcell
Michael W. Catalano Barrett, Johnston & Parsley
Associate Solicitor General Nashville
Judge: REID
First Paragraph:
Pursuant to Rule 23, Rules of the Tennessee Supreme Court, the Court
has accepted the following question of law certified by the United
States District Court for the Middle District of Tennessee: Whether
bonds which contain a "liquidity demand" provision, giving bondholders
the right to collect the face value of the bonds upon giving seven (7)
days notice, are bonds "maturing in six (6) months or less from the
date of issuance" within the meaning of Tenn. Code Ann. S
67-2-101(1)(B)(i), such that the interest on the bonds is exempt from
the Tennessee "Hall Income Tax" under Tenn. Code Ann. S67-2-101 et
seq. The decision is that interest on the bonds is subject to the
State income tax.
URL:http://www.tba.org/tba_files/TSC/STEELEH_OPN.WP6
IRA ANTONIO TENPENNY
vs.
USAIR, INC.
Court:TSC - Workers Comp Panel
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEES:
JOHN THOMAS FEENEY STEVE C. NORRIS
LEE ANNE MURRAY 28 Middleton Street
P.O. Box 198685 Nashville, TN 37210
Nashville, TN 37219-8685
Judge: RUSSELL
First Paragraph:
The trial court found that on January 25, 1995, Ira Antonia Tenpenny
sustained a disc herniation at L4-5 with nerve compression in the
course and scope of his employment by USAIR, INC. The court further
found that Mr. Tenpenny was temporarily and totally disabled from
January 25, 1995, to June 30, 1995; and that he returned to work with
a 17% permanent partial disability to the body as a whole. Judgment
was also entered for past and future medical expenses and certain
discretionary costs.
URL:http://www.tba.org/tba_files/TSC_WCP/TENPENNY_OPN.WP6
TAMMY S. WATSON JAMES
vs.
LIBERTY MUTUAL INSURANCE COMPANY and BETTY
BUSH d/b/a/ McDONALDS OF LAWRENCEBURG
Court:TSC - Workers Comp Panel
Attorneys:
For the Appellant For the Appellee For the Appellee
Liberty Mutual Ins. Co: Tammy S. Watson: Betty Bush:
Paul Bates Herschel D. Koger D.Randall Mantooth
Christopher V. Sockwell P. O. Box 1148 James Lee Deckard
Boston, Bates & Holt Pulaski, TN 38478 Leitner, Williams,
P.O. Box 357 (on appeal) Dooley & Napolitan
Lawrenceburg, TN 38464 2300 1st American Ctr.
Roger N. Hayes Nashville 37238
P. O. Box 409
Pulaski, TN 38478 (at trial)
Judge: BYERS
First Paragraph:
The plaintiff originally claimed injury to the right arm while working
at La Del Manufacturing Company and injury to or aggravation of a
pre-existing injury to the left arm at her later employment at
McDonalds of Lawrenceburg. The two cases were consolidated for trial,
and the trial court dismissed the second employer after the hearing.
Plaintiff was awarded 35% permanent partial disability to each upper
extremity, and the first employer was found liable for both injuries.
AFFIRMED.
URL:http://www.tba.org/tba_files/TSC_WCP/WATSONTS_OPN.WP6
CREATIVE KITCHENS & INTERIORS, Inc.
vs.
WILLIAM F. BALE AND BECKY BALE
vs.
SUSAN SPROUSE SEALS
Court:TCA
Attorneys:
For Appellants For Appellees
GAIL F. WORTLEY CHARLES A. WAGNER III
Knoxville, Tennessee Wagner, Myers & Sanger, P.C.
Knoxville, Tennessee
Judge: Susano
First Paragraph:
Creative Kitchens & Interiors, Inc. (CKI) sued William F. and Becky
Bale ("the Bales") for specific performance of two contracts for
design consulting services and the furnishing of cabinets and counter
tops for the Bales' home. The Bales filed a counterclaim against CKI
and a third-party complaint against Susan Sprouse Seals ("Seals"),
CKI's president. AFFIRMED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/BALEWF_OPN.WP6
ELBERT W. CREED, SR., and PEGGY CREED
vs.
TRACY ALLEN VALENTINE and
SWAIN & SONS TRANSPORT, INC.
Court:TCA
Attorneys:
STEPHEN A. VICKERS, Bristol, Virginia, for Appellants.
RICK L. POWERS, Arnett, Draper & Hagood, Knoxville, for Appellees.
Judge: McMurray
First Paragraph:
This case originated as an action to recover damages for personal
injuries allegedly suffered in a motor vehicle accident. AFFIRMED AND
REMANDED.
URL:http://www.tba.org/tba_files/TCA/CREEDE_OPN.WP6
STEVE ELDRIDGE and wife, LORI ELDRIDGE
vs.
THE CITY OF TRENTON
Court:TCA
Attorneys:
PAUL F. RICE UTLEY & LATIMER, PC Jackson, Tennessee Attorney for
Appellant
T. J. EMISON, JR. Alamo, Tennessee ROBERT KINTON Trenton, Tennessee
Attorneys for Appellee
Judge: HIGHERS
First Paragraph:
In this personal injury action, Steve Eldridge ("Plaintiff") and his
wife, Lori Eldridge ("Wife"), filed suit against the City of Trenton
("Defendant") for injuries and damages sustained when Plaintiff was
shot in the face by an armed robber while working as a clerk in a
liquor store. REVERSED AND DISMISSED.
URL:http://www.tba.org/tba_files/TCA/ELDRDGES_OPN.WP6
BRUCE HUTTON, Administrator of the Estates of Floyd Hutton
and Lena Hutton, Deceased
vs.
CITY OF SAVANNAH, TENNESSEE
Court:TCA
Attorneys:
JAMES A. HOPPER Savannah, Tennessee Attorney for Appellant
EDWARD L. MARTINDALE, JR. DREW AND MARTINDALE, P.C. Jackson, Tennessee
Attorney for Appellee
Judge: HIGHERS
First Paragraph:
In this wrongful death action, Defendant City of Savannah appeals the
trial court's final judgment awarding $260,000 to Plaintiff/Appellee
Bruce Hutton, administrator of the estates of his parents, Floyd and
Lena Hutton. AFFIRMED AS MODIFIED.
URL:http://www.tba.org/tba_files/TCA/HUTTONB_OPN.WP6
JAMES L. JONES, et al
vs.
RANDALL J. HARRIS, MAYOR et al
Court:TCA
Attorneys:
J. Thomas Caldwell Ripley, Tennessee Attorney for
Plaintiffs/Appellants
Charles T. Dyer Wilkes & Dyer Dyersburg, Tennessee Attorney for
Defendants/Appellees
Judge: HIGHERS
First Paragraph:
The Plaintiffs appeal the trial court's final judgment which upheld
the action of the Board of Mayor and Aldermen of the Town of Halls in
entering into a two-year contract with a private contractor for the
collection of solid waste. AFFIRMED.
URL:http://www.tba.org/tba_files/TCA/JONESJL_OPN.WP6
ELEANOR W. PAEHLER, (As Executrix for the Estate
of Louis Paehler, Deceased)
vs.
UNION PLANTERS NATIONAL BANK, INC.,
WEBSTER SAFE AND LOCK CO., INC.,
"BARBIE" ARCHIBALD, JEAN JOHNSON and SCOTT FISHER
Court:TCA
Attorneys:
Eleanor W. Paehler, Pro Se
Robert L. Crawford and Johnathan P. Lakey;
Wayatt, Tarrant & Combs of Memphis For Appellees,
Union Planters Bank, Inc., "Barbie" Archibald and Jean Johnson
Judge: CRAWFORD
First Paragraph:
This case involves the alleged theft of the contents of a safe deposit
box. Plaintiff, Eleanor W. Paehler, appeals the order of the trial
court granting summary judgment to defendants, Union Planters National
Bank, Barbie Archibald, and Jean Johnson. AFFIRMED.
URL:http://www.tba.org/tba_files/TCA/PAEHLER_OPN.WP6
STATE OF TENNESSEE DEPARTMENT OF HEALTH/
CHILDREN'S SERVICES
vs.
JULIE ROGOISH
Court:TCA
Attorneys:
JOHN KNOX WALKUP, Attorney General and Reporter and DIANNE STAMEY
DYCUS, Senior Counsel, Attorney General's Office, Nashville, for
Petitioner-Appellee.
TIMOTHY L. BALDRIDGE, BALDRIDGE & WHEATLEY, P.C., Knoxville,
for Respondent-Appellant.
Judge: Franks
First Paragraph:
The genesis of this dispute was an order entered by the Juvenile Court
of Knox County declaring defendant's child to be dependent and
neglected, with the temporary custody of the child to the state.
VACATED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/ROGOISH_OPN.WP6
RAVENWOOD PHASE II HOMEOWNERS
ASSOCIATION, GEORGE A. BELLVILLE,
and SUSAN L. PATTON
vs.
FRANKLIN PROPERTY I, LTD.,
and BILL HODGES
Court:TCA
Attorneys:
For Appellants For Appellees
DONALD E. OVERTON CLARENCE RISIN
GLENNA W. OVERTON STEPHEN G. ANDERSON
Overton & Overton Baker, Donelson, Bearman &
Knoxville, Tennessee Caldwell
Knoxville, Tennessee
Judge: Susano
First Paragraph:
The trial court granted the motion of defendants, Franklin Property I,
Limited, and Bill Hodges ("Franklin"), for sanctions against the
plaintiffs, Ravenwood Phase II Homeowners Association, Inc., George A.
Bellville, and Susan L. Patton ("Ravenwood") and their attorneys, for
failure to comply with an order compelling Ravenwood to respond to
Franklin's interrogatories and requests for production of documents.
AFFIRMED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/RVNWDPH2_OPN.WP6
STATE OF TENNESSEE
vs.
DAVID E. JOHNSON
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
LARRY E. FITZGERALD JOHN KNOX WALKUP
22 N. Second St., Ste. 410 Attorney General and Reporter
Memphis, TN 38103
GEORGIA BLYTHE FELNER
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
JOHN W. PIEROTTI
District Attorney General
KEVIN R. RARDINI
Asst District Attorney General
Criminal Justice Complex, ste 301
201 Poplar Street
Memphis, TN 38103
Judge: WELLES
First Paragraph:
The Defendant appeals as of right from the sentence imposed on him by
the trial court upon the Defendant's plea of guilty to a charge of
Class D felony theft. The Defendant was sentenced to the minimum of
two years for his crime, with ninety days to be served in confinement
and the balance to be served on probation. On appeal, he argues that
the trial court erred in denying him full probation. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/JOHNSODE_OPN.WP6
STATE OF TENNESSEE
vs.
RICHARD MADKINS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Richard Madkins, pro se John Knox Walkup
TDOC #107546 Attorney General & Reporter
CCA-South Central Correctional Ctr 500 Charlotte Avenue
P. O. Box 279 Nashville, TN 37243-0497
Clifton, TN 38425-0279
(On Appeal) Sarah M. Branch
Assistant Attorney General
L. Kathleen Mitchell 450 James Robertson Parkway
Assistant Public Defender Nashville, TN 37243-0493
201 Poplar Avenue, Suite 201
Memphis, TN 38103-1947 John W. Pierotti
(At Trial) District Attorney General
201 Poplar Avenue, Suite 301
Memphis, TN 38103-1947
Lee V. Coffee
Asst District Attorney General
201 Poplar Avenue, Suite 301
Memphis, TN 38103-1947
Terrell L. Harris
Asst District Attorney General
201 Poplar Avenue, Suite 301
Memphis, TN 38103-1947
Judge: Jones
First Paragraph:
The appellant, Richard Madkins (defendant), was convicted of
especially aggravated robbery, a Class A felony, by a jury of his
peers. The trial court, finding the defendant to be a career
offender, imposed the maximum sentence within Range III, consisting of
a $50,000 fine and confinement for sixty (60) years in the Department
of Correction. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/MADKINSR_OPN.WP6
NATHANIEL FORD
vs.
STATE OF TENNESSEE
Court:TCCA
First Paragraph:
This matter is before the Court upon the state's motion, pursuant to
Rule 20, Rules of the Court of Criminal Appeals, to affirm the
judgment of the trial court in this case by order rather than formal
opinion. The above-captioned case represents an appeal from the trial
court's dismissal of the petitioner's petition for writ of habeas
corpus.
URL:http://www.tba.org/tba_files/TCCA/NFORD1_ORD.WP6
STATE OF TENNESSEE
vs.
DAVID PRICE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Joseph P. Atnip Charles W. Burson
District Public Defender Attorney General of Tennessee
and and
James David Kendall Marvin E. Clements, Jr.
Assistant Public Defender Ass Attorney General of Tennessee
P.O. 111 Main Street 450 James Robertson Parkway
Box 734 Nashville, TN 37243-0493
Dresden, TN 38225
(AT TRIAL) Thomas A. Thomas
District Attorney General
James H. Bradberry and
P.O. Box 789 Jim Cannon
Dresden, TN 38225 Asst District Attorney General
(AT TRIAL AND ON APPEAL) P.O. Box 218
Union City, TN 38261
Judge: Tipton
First Paragraph:
The defendant, David Price, was convicted upon his guilty plea in the
Circuit Court of Weakley County for possession with the intent to sell
marijuana, a Class E felony. He received a sentence of one year in
the custody of the Department of Correction as a Range I, standard
offender to be served in the county jail and a fine of two thousand
dollars. The defendant appeals as of right a certified question of
search and seizure law that is dispositive of this case: whether the
stop and subsequent search of the defendant's vehicle violated his
Fourth Amendment rights under the United States Constitution and
Article I, Section 7 of the Tennessee Constitution. See T.R.A.P.
3(b); Tenn. R. Crim. P. 37(b). AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/PRICE-D_OPN.WP6
STATE OF TENNESSEE
vs.
WILLIAM HERBERT STITTS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
THOMAS T. WOODALL JOHN KNOX WALKUP
203 Murrell Street Attorney General and Reporter
Dickson, TN 37056-1075
ELLEN H. POLLACK
GEORGE MORTON GOOGE Assistant Attorney General
District Public Defender 450 James Robertson Parkway
227 West Baltimore Street Nashville, TN 37243
Jackson, TN 38301
JERRY WOODALL
District Attorney General
DON ALLEN
Assistant District Attorney
P. O. Box 2825
Jackson, TN 38301
Judge: SMITH
First Paragraph:
A Madison County Circuit Court jury found Appellant William Herbert
Stitts guilty of aggravated robbery. As a Range I standard offender,
he received a sentence of twelve years in the Tennessee Department of
Correction. The trial court ordered the sentence served concurrent
with another Madison County sentence for aggravated robbery but
consecutive to a Georgia sentence for theft by deception and false
report of a crime. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/STITTSHE_OPN.WP6
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© Copyright 1998 Tennessee Bar Association - This Issue (IN THIS ORDER):