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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00-New Opinons From TSC
00-New Opinons From TSC-Rules
00-New Opinons From TSC-Workers Comp Panel
11-New Opinons From TCA
06-New Opinons From TCCA

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TBALink Chief Editor


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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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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