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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- 05-New Opinons From TCCA
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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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