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TBALink Opinion-Flash
August 27, 1997 -- Volume #3 -- Number #079
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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PAUL G. BOWMAN, et ux. JAMES R. KIRKLAND, et ux., and FRANK V. HENSLEY, et ux. vs. A-BEST COMPANY, INC., et al. Court:TCA Attorneys: HUGH B. BRIGHT, JR., M. DENISE MORETZ, WOOLF, McCLANE, BRIGHT, ALLEN & CARPENTER, Knoxville, for Appellee. GEORGE A. WEBER, III, EDWARD J. LILLY, and MIKE G. NASSIOS, LAW OFFICES OF PETER G. ANGELOS, P.C., Knoxville, and JOHN A. DAY, Nashville, for Plaintiffs-Appellants. Judge: Franks First Paragraph: In these actions, plaintiffs claimed exposure to products containing asbestos, and alleged that they contracted asbestosis related diseases as a result of occupational exposure to asbestos-containing products. AFFIRMED. URL:http://www.tba.org/tba_files/TCA/BOWMANP_OPN.WP6
W. MICHAEL BYRD,
vs.
MARY ETTA BYRD
Court:TCA
Attorneys:
Louise R. Fontecchio; Bruce, Weathers,
Corley, Dughman & Lyle of Nashville
For Appellee
Martha C. Wherry of Nashville
For Appellant
Judge: CRAWFORD
First Paragraph:
This appeal involves divorce-related proceedings. Plaintiff, W.
Michael Byrd ("Husband"), appeals the trial court's dismissal of his
petition to modify alimony, and defendant, Mary Etta Byrd ("Wife"),
appeals the trial court's dismissal of her petition to hold Husband in
contempt. AFFIRMED.
URL:http://www.tba.org/tba_files/TCA/BYRDWM_OPN.WP6
FRANCES LOUISE CLEVENGER
vs.
BAPTIST HEALTH SYSTEMS
Court:TCA
Attorneys:
OLEN G. HAYNES OF KNOXVILLE and CHRISTOPHER P. CAPPS OF MORRISTOWN FOR
APPELLANT
N. R. COLEMAN, JR., and DANIEL D. COUGHLIN OF GREENEVILLE FOR
APPELLEES
Judge: Goddard
First Paragraph:
This is a medical malpractice suit against Baptist Health Systems,
Individually, and d/b/a Cocke County Baptist Hospital, Dana Edwards,
M.D., and Tony Hamlett. The Trial Court sustained Dr. Edwards' motion
for a summary judgment upon his plea of res judicata. The judgment
entered was made final pursuant to Rule 54 of the Tennessee Rules of
Civil Procedure and has been appealed by the Plaintiff. AFFIRMED AND
REMANDED.
URL:http://www.tba.org/tba_files/TCA/CLEVENGE_OPN.WP6
IN RE: DOYLE THOMAS DOTSON
Deceased
and
IN RE: CONSERVATORSHIP and
ESTATE OF DOYLE THOMAS DOTSON
DAISY MYNATT
vs.
MARIE DOTSON ISOM
Court:TCA
Attorneys:
JOSEPH B. YANCEY OF KNOXVILLE FOR APPELLANT
CHARLES LOCKETT OF KNOXVILLE FOR APPELLEE
Judge: Goddard
First Paragraph:
Daisy Mynatt appeals the Knox County Chancery Court's dismissal of her
petition regarding the Conservatorship of her deceased father, Doyle
Thomas Dotson. Ms. Mynatt contends that the Trial Court erred in its
denial of her petition for the removal of her sister Marie Dotson Isom
as the Conservator of Mr. Dotson's Estate. Ms. Mynatt additionally
contends that the Trial Court erred in its denial of her petition for
attorney fees, for the labors of her attorney, Joseph Yancey, in the
handling of matters of the Conservatorship. AFFIRMED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/DOTSOND_OPN.WP6
STANLEY HOLDER d/b/a HOLDER'S
TOBACCO WAREHOUSE
vs.
BILLY M. CELSOR; BILLY F. CELSOR;
E. J. PARKER, JR.; ROBERT N.
RICKMAN; LEWIS BEASLEY, JR. and
HARTSVILLE TOBACCO BOARD
OF TRADE
Court:TCA
Attorneys:
Jacky O. Bellar; Bellar & Bellar of Carthage
Eddie Taylor; Donoho, Taylor & Taylor of Hartsville
For Appellee
Charles W. Bone and Keith C. Dennen; Wyatt,
Tarrant & Combs of Hendersonville
For Appellants
Judge: CRAWFORD
First Paragraph:
Defendants, Billy M. Celsor, Billy F. Celsor, E.J. Parker, Jr., Robert
N. Rickman, Lewis Beasley, Jr., and the Hartsville Tobacco Board of
Trade, appeal the trial court's dismissal of the case based on a lack
of jurisdiction. The defendants had motion for summary judgment
pending against the plaintiff, Stanley Holder d/b/a Holder's Tobacco
Warehouse (Holder), on the issue of the amount of damages allegedly
suffered as a result of the wrongful issuance of an injunction.
REVERSED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/HOLDERST_OPN.WP6
CAROL ANN LINDSEY
vs.
WILLIAM HENRY LINDSEY
Court:TCA
Attorneys:
Michael W. Edwards of Hendersonville
For Appellee
Dennis W. Powers; McClellan, Powers, Ehmling & Dix, P.C. of Gallatin
For Appellant
Judge: CRAWFORD
First Paragraph:
This is an appeal from a Final Decree of Divorce entered October 3,
1996. Defendant, William Henry Lindsey (Husband), appeals from the
judgment of the trial court awarding alimony in solido and attorney's
fees to plaintiff, Carol Ann Lindsey (Wife). AFFIRMED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/LINDC_OPN.WP6
ROY DEAN OGBURN
vs.
THE GAS AND WATER DEPARTMENT,
CITY OF CLARKSVILLE et al
Court:TCA
Attorneys:
FOR THE APPELLEE: FOR THE APPELLANT:
CHARLES R. RAY J. RUSSELL FARRAR
211 Third Avenue North WILLIAM N. BATES
P. O. Box 198288 211 Seventh Avenue North
Nashville, TN 37219-8288 Nashville, TN 37219-1823
JOHN L. MITCHELL JOHN L. SOBIESKI, JR.
P. O. Box 367 UT College of Law
Clarksville, TN 37041-0367 2224 Dunford Hall
Knoxville, TN 37996-4070
Judge: CANTRELL
First Paragraph:
A meter reader brought suit against the city of Clarksville and its
Gas and Water Department after he was fired from his job. A
Montgomery County jury found the defendants liable for handicap
discrimination and for depriving the plaintiff of his due process
right to a pre-termination hearing, and awarded him $450,000 in
compensatory damages. We reverse the jury verdict on the due process
claim, but affirm the verdict on handicap discrimination, and we
remand this case to the trial court for a new trial on damages alone.
AFFIRMED IN PART; REVERSED IN PART; AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/OGBURNRD_OPN.WP6
SCRUGGS, INC.
vs.
TR Auto/Truck Plaza, Inc.,
THOMAS C. REBER, Individually,
and RICK H. LEWIS, Individually
Court:TCA
Attorneys:
CARL R. OGLE, JR., and J. MICHAEL KERR OF JEFFERSON CITY FOR
APPELLANTS
JEFFREY A. WOODS OF KNOXVILLE FOR APPELLEE
Judge: Goddard
First Paragraph:
The suit giving rise to this appeal originated in the General Sessions
Court for Knox County, wherein the Plaintiff, Scruggs, Inc., sought
judgment against the Defendants, TR Auto/Truck Plaza, Inc., Thomas C.
Reber, Individually, and Rick H. Lewis, Individually, on a sworn
account. VACATED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/SCRUGGSI_OPN.WP6
BARBARA SPRUELL
vs.
KENNETH WAYNE SPRUELL
Court:TCA
Attorneys:
Catherine M. White, Chattanooga, for the Appellant
Leslie B. McWilliams, Chattanooga, for the Appellee
Judge: INMAN
First Paragraph:
This acrimonious custody dispute was not alleviated by inordinate
objections to testimony which served principally to obfuscate the
issues and make a meaningful review more difficult. VACATED and
REMANDED.
URL:http://www.tba.org/tba_files/TCA/SPRUELB_OPN.WP6
UNITED CITIES GAS COMPANY
vs.
ROBERT J. SUDDARTH and wife,
MARY M. SUDDARTH, et al
Court:TCA
Attorneys:
William K. Lanes, III, DANCE, DANCE & LANE, Nashville, for
Plaintiff/Appellant.
Richard F. LaRoche, Murfreesboro,
Granville S. R. Bouldin, Murfreesboro, for Defendants/Appellees.
Judge: FARMER
First Paragraph:
This is an interlocutory appeal granted pursuant to Rule 9 T.R.A.P.
United Cities Gas Company (United) filed a total of ten petitions in
the court below wherein it sought to exercise the power of eminent
domain to acquire a permanent easement in Defendants' lands, said
easement being necessary in order to construct a pipeline parallel and
adjacent to the right-of-way of State Highway 99. Immediate
possession of the property was requested. The defendant landowners
timely filed notice of objection to the taking. Immediate possession
was denied. Nine of the cases were subsequently consolidated by the
trial court. A motion for writ of inquiry was filed by United. The
trial court ruled that possession may be delivered, if at all, only
upon conclusion of the suit. DISMISSED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/UNITEDCG_OPN.WP6
BILLIE WHEELER, next of kin
and mother of Barry Cecil Ford,
deceased
JULIA ROBERTS, next of kin and
mother of Dustin Ross Nolen,
deceased
vs.
LYLE H. BURLEY,
CENTRAL TRANSPORT, INC.,
and WHITE CARTAGE CO.,
MILTON ELLIS NOLEN, next of kin
and father of Dustin Ross Nolen,
deceased
vs.
LYLE H. BURLEY,
CENTRAL TRANSPORT, INC.,
and WHITE CARTAGE CO.,
Court:TCA
Judge: CAIN
First Paragraph:
The only issue before the Court on this appeal involves the proper
distribution of a portion of attorney's fees emanating from an agreed
settlement. AFFIRMED.
URL:http://www.tba.org/tba_files/TCA/WHEELER_OPN.WP6
JAMES E. DELBRIDGE
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For Appellant: For Appellee:
James E. Delbridge, pro se Charles W. Burson
Cold Creek Correctional Facility Attorney General & Reporter
Route 2, Box 1000
Henning, TN 38041-1000 Deborah A. Tullis
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
Karen Cook
Asst District Attorney General
Criminal Justice Complex
201 Poplar Avenue
Memphis, TN 38103
Judge: WADE
First Paragraph:
The petitioner, James E. Delbridge, appeals the trial court's denial
of his petition for post-conviction relief. The dispositive issue is
whether the trial court correctly dismissed the petition without an
evidentiary hearing on the basis that it was barred by the statute of
limitations. We affirm the judgment of dismissal. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/DELBRIDJ_OPN.WP6
EDWARD EARL JONES
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Edward Earl Jones, pro se Charles W. Burson
#085890 Attorney General & Reporter
Cold Creek Correctional Facility
P.O. Box 1000 M. Allison Thompson
Henning, TN 38041-1000 Counsel for the State
450 James Robertson Parkway
Nashville, TN 37243-0493
Perry Hayes
Asst District Attorney General
201 Poplar Avenue
Memphis, TN 38103
Judge: WADE
First Paragraph:
The petitioner, Edward Earl Jones, appeals the trial court's denial of
post-conviction relief. The single issue presented for review is
whether the petition was barred by the statute of limitations.
AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/JONESEE_OPN.WP6
STATE OF TENNESSEE
vs.
VINCENT D. JONES
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
HOWARD L. WAGERMAN JOHN KNOX WALKUP
HOWARD B. MANIS Attorney General and Reporter
Suite 1313, 200 Jefferson
Memphis, TN 38103 SARAH M. BRANCH
Counsel for the State
450 James Robertson Parkway
Nashville, TN 37243-0485
WILLIAM L. GIBBONS
District Attorney General
KEVIN R. RARDIN
Assistant District Attorney
201 Poplar Avenue-3rd Floor
Memphis, TN 38103
Judge: SMITH
First Paragraph:
Appellant Vincent Jones entered a plea of nolo contendere in the
Shelby County Criminal Court to a charge of possession of cocaine with
the intent to sell or deliver. As a Range I standard offender
convicted of a Class B felony, Appellant received a sentence of eight
years in the Tennessee Department of Correction. Pursuant to Rule
37(b)(2)(i) of the Tennessee Rules of Criminal Procedure, Appellant,
with the agreement of the State and the trial court, reserved for
appellate review the question of the legality of the search which led
to Appellant's arrest. Appellant also contends on appeal that his
sentence is excessive. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/JONESVIN_OPN.WP6
JAMES RONALD ROLLINS
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Barton C. Solomon Charles W. Burson
CRUTCHFIELD & SOLOMON Attorney General and Reporter
100 East Tenth Street, Suite 401
Chattanooga, Tennessee 37402 Amy L. Tarkington
Assistant Attorney General
450 James Robertson Parkway
Nashville, Tennessee 37243
William H. Cox, III
District Attorney General
David Denny
Asst District Attorney General
600 Market Street, Suite 310
Chattanooga, Tennessee 37402
Judge: Russell
First Paragraph:
The Petitioner appeals from the trial court's dismissal of his
Petition for Post Conviction Relief. The Petitioner alleges that he
was denied his rights under the Sixth Amendment to the Constitution of
the United States because he received ineffective assistance of
counsel at his sentencing hearing following a plea of guilty to
especially aggravated robbery. The Petitioner alleges that at the
sentencing hearing, his attorney failed to challenge one of the six
prior convictions that formed the basis for the sentencing judge's
determination that the Petitioner should be sentenced as a career
offender. This court finds that the Petitioner failed to meet his
burden of proof to show that he received ineffective assistance of
counsel, and the court affirms the dismissal of the Petition for
Post-Conviction Relief.
URL:http://www.tba.org/tba_files/TCCA/ROLLNSJ_OPN.WP6
STATE OF TENNESSEE
vs.
MAURICE PIERRE TEAGUE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
STEPHEN D. JACKSON JOHN KNOX WALKUP
161 Court Square Attorney General and Reporter
P.O. Box 471
Huntingdon, TN 38344 KENNETH W. RUCKER
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 5th Avenue North
Nashville, TN 37243-0493
ROBERT RADFORD
District Attorney General
ELEANOR CAHILL
Asst District Attorney General
P.O. Box 686
Huntingdon, TN 38344
Judge: WELLES
First Paragraph:
This is an appeal as of right pursuant to Rule 3, Tennessee Rules of
Appellate Procedure. The Defendant, Maurice Pierre Teague, was
convicted by a Carroll County jury of aggravated burglary. The trial
court sentenced him as a Range I offender to six years in the
Department of Correction. The Defendant appeals both his conviction
and his sentence and raises the following issues in this appeal: (1)
That the evidence was insufficient to convict the Defendant of
aggravated burglary when the jury acquitted him of aggravated assault;
(2) that the trial court erred in applying certain sentence
enhancement factors; and (3) that the indictment was fatally flawed.
We affirm the judgment of the trial court. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/TEAGUEMP_OPN.WP6
JOHN WILLIAMS
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 matter by order rather than formal
opinion. This case represents an appeal from the dismissal of the
petitioner's second petition for post-conviction relief. The
petitioner was originally convicted of first degree murder in 1988.
URL:http://www.tba.org/tba_files/TCCA/WILLIAJ_ORD.WP6
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