TBALink Opinion-Flash

September 2, 1997 -- Volume #3 -- Number #080

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.

This Issue (IN THIS ORDER):
01-New Opinons From TSC
01-New Opinons From TSC-Rules
00-New Opinons From TSC-Workers Comp Panel
16-New Opinons From TCA
00-New Opinons From TCCA

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TBALink Chief Editor


NAOMI GENTRY
vs.
LUMBERMENS MUTUAL CASUALTY and  
JACKSON COUNTY HOSPITAL

Court:TSC

First Paragraph:

The plaintiff filed a motion for rehearing and/or reconsideration of
the May 16, 1997, judgment order of this Court.

URL:http://www.tba.org/tba_files/TSC/GENTRY_RHR.WP6
Opinion-Flash

SUPREME COURT OF TENNESSEE
STATE LIST FOR PERMISSION TO APPEAL
September 2, 1997       

Court:TSC - Rules

URL:http://www.tba.org/tba_files/TSC_Rules/STATELST_WPD.WP6
Opinion-Flash

JUDITH GAIL GRIZZLE BOWERS
vs.
JOSEPH STANTON BOWERS, JR.

Court:TCA

Attorneys: 

MELVIN J. WERNER OF KINGSPORT FOR APPELLANT
DAVID S. HAYNES OF BRISTOL FOR APPELLEE                         

Judge: Goddard

First Paragraph:

Joseph Stanton Bowers, Jr., appeals the Sullivan County Chancery
Court's denial of his motion to modify support payments to his
ex-wife, Judith Gail Bowers, pursuant to the parties' marital
dissolution agreement.  Mr. Bowers insists that the Trial Court erred
in its characterization of the support payments as alimony in solido,
which rendered them incapable of being modified.AFFIRMED AND REMANDED.

URL:http://www.tba.org/tba_files/TCA/BOWERS-J_OPN.WP6
Opinion-Flash

DEBORAH LORRAINE BROOKS
vs.
RICKEY LAMAR BROOKS

Court:TCA

Attorneys:

BARRETT T. PAINTER, Bell & Associates, P.C., Cleveland, for Appellant.
D. MITCHELL BRYANT, Jenne, Scott & Bryant, Cleveland, for Appellee. 
                          
Judge: McMurray

First Paragraph:

In this post divorce proceeding, Deborah Lorraine Brooks (mother)
filed a petition to increase child support and to modify the
visitation schedule as set out in the final decree of divorce. 
Defendant Rickey Lamar Brooks (father) filed a counter petition asking
that the mother be required to pay one-half of the cost of their
child's private schooling and for increased visitation.  The trial
court denied the mother's petition for increased child support,
required the father to continue paying for the child's education, and
made minor adjustments in the visitation schedule.  The mother
appealed.  We modify the judgment and affirm as modified.

URL:http://www.tba.org/tba_files/TCA/BROOKSDO_OPN.WP6
Opinion-Flash

CHARTER LAKESIDE BEHAVIORAL
HEALTH SYSTEM
vs. 
TENNESSEE HEALTH FACILITIES 
COMMISSION
and
COMPASS INTERVENTION CENTER

Court:TCA

Attorneys:  

John Knox Walkup
Attorney General & Reporter

Michelle K. Hohnke #16736
Assistant Attorney General
1510 Parkway Towers
404 James Robertson Parkway
Nashville, TN 37243-0499
ATTORNEYS FOR DEFENDANT/APPELLEE
AND TENNESSEE HEALTH FACILITIES COMMISSION

Harold W. Fonville, II, #16685
FARRIS, MATHEWS, GILMAN, BRANAN & HELLEN
One Commerce Square, Suite 2000
Memphis, TN 38103
ATTORNEY FOR COMPASS INTERVENTION CENTER, 
INTERVENING DEFENDANT/APPELLEE

William H. West #005543
STOKES & BARTHOLOMEW
424 Church Street, Suite 2800
Nashville, TN 37219                        

Judge: TODD

First Paragraph:

The captioned plaintiff has appealed from a non-jury judgment of the
Trial Court dismissing said plaintiff's suit for a declaratory
judgment. REMANDED.

URL:http://www.tba.org/tba_files/TCA/CHART3_OPN.WP6
Opinion-Flash

IN THE MATTER OF:           
    SARAH NICHOLE DOCKERY
    
RONNEL and RENATE HENSLEY
vs.
STATE OF TENNESSEE, 
DEPARTMENT OF CHILDREN'S SERVICES

Court:TCA

Attorneys:  

For Appellants                      For Appellee

RONNEL AND RENATE HENSLEY, Pro Se   JOHN KNOX WALKUP
                                    Attorney General & Reporter
                                    Nashville, Tennessee

                                    DOUGLAS EARL DIMOND
                                    Assistant Attorney General
                                    Nashville, Tennessee
                        
Judge: Susano

First Paragraph:

Ronnel Hensley and his wife, Renate Hensley, filed a petition in the
Anderson County Juvenile Court seeking custody of their granddaughter,
Sarah Nichole Dockery, who was then in the temporary legal custody of
the State of Tennessee, Department of Children Services (Department). 
By order entered June 19, 1996, the Juvenile Court dismissed their
petition, and they appealed to the Anderson County Circuit Court. 
That appeal was likewise dismissed, whereupon the Hensleys sought
further review in this court.  We affirm.

URL:http://www.tba.org/tba_files/TCA/DOCKRYSN_OPN.WP6
Opinion-Flash

PAUL A. DUNLAP and wife,
MARGIE DUNLAP
vs.
SMYRNA/RUTHERFORD COUNTY
AIRPORT AUTHORITY and
RUTHERFORD COUNTY d/b/a 
RUTHERFORD COUNTY AIRPORT AUTHORITY

Court:TCA

Attorneys: 

WARREN M. SMITH
GLASGOW & VEAZEY
Nashville, Tennessee
JAMES R. TOMKINS
JENNINGS & TOMKINS
Nashville, Tennessee
Attorneys for Appellants

D. KIRK SHAFFER
NANCY A. VINCENT
STOKES & BARTHOLOMEW, P.A.
Attorneys for Appellee                         

Judge: HIGHERS

First Paragraph:

In this negligence action, Paul A. Dunlap and Margie Dunlap
("Plaintiffs") filed suit against the Defendant, Smyrna/Rutherford
County Airport Authority, for damages that their aircraft sustained as
a result of its landing gear falling into a manhole cover on property
under the control and ownership of the Defendant, Smyrna/Rutherford
County Airport Authority.  AFFIRMED.

URL:http://www.tba.org/tba_files/TCA/DUNLAPPA_OPN.WP6
Opinion-Flash

NICHOLAS HOMER FORTSON
vs.
ELIZABETH GWENDOLYN FORTSON

Court:TCA

Attorneys:  

For Appellant                       For Appellee

SUZANNE MASTERS                     H. CHRIS TREW
Knoxville, Tennessee                Higgins, Biddle, Chester &
                                    Trew, L.L.P.
                                    Athens, Tennessee
                        
Judge: Susano

First Paragraph:

In this post-divorce proceeding, the trial court denied the petition
of Elizabeth Gwendolyn Fortson (Mother) for an increase in child
support and other relief against her former husband, Nicholas Homer
Fortson (Father).  The trial court granted Father's counter-petition
for contempt and sentenced Mother to seven days in jail for
interfering with Father's visitation with his minor child, who was 13
years old at the time of the hearing below.  Mother appealed, raising
six issues. AFFIRMED IN PART REVERSED IN PART REMANDED WITH
INSTRUCTIONS.

URL:http://www.tba.org/tba_files/TCA/FORTSONN_OPN.WP6
Opinion-Flash

JANICE M. FRAKES, surviving spouse,
of GARY D. FRAKES
vs.
CARDIOLOGY CONSULTANTS, P.C.,
and HARRY L. PAGE, JR., M.D. 

with CONCURRING OPINION

Court:TCA

Attorneys:  

RANDALL L. KINNARD
KINNARD, CLAYTON & BEVERIDGE
127 Woodmont Boulevard
Nashville, Tennessee 37205
    Attorney for Plaintiff/Appellant

C. J. GIDEON, JR.
SHIRLEY A. IRWIN
GIDEON & WISEMAN
NationsBank Plaza, Suite 1900
414 Union Street
Nashville, Tennessee 37219-1782
    Attorneys for Defendants/Appellees                        

Judge: CANTRELL

First Paragraph:

The jury returned a verdict for the defendant doctor in this medical
malpractice case.  The sole issue on appeal concerns a printed table
which the trial court permitted to be sent back to the jury during its
deliberations, even though it was not formally admitted into evidence
until after the jury retired.  We find that it was not error to admit
the table, and we affirm the jury verdict.

URL:http://www.tba.org/tba_files/TCA/FRAKESJM_OPN.WP6
URL:http://www.tba.org/tba_files/TCA/FRAKESJM_CON.WP6
Opinion-Flash

STATE OF TENNESSEE, ex rel.
SHEILA GRANT
vs.
DR. LAWRENCE JOSEPH PROGRAIS,Sr.

Court:TCA

Attorneys:

John Knox Walkup
Attorney General & Reporter

Lisa Cowan, #12035
Child Support Services of Davidson County
222 Second Avenue North, Suite 210
Nashville, TN 37201
ATTORNEYS FOR DEFENDANTS/APPELLEES

Charles R. Ray, #3188
211 Third Avenue North
Nashville, TN 37201
ATTORNEY FOR PLAINTIFF/APPELLANT                          

Judge: TODD

First Paragraph:

In this paternity/child support case, the respondent, Lawrence Joseph
Prograis, has appealed from non-jury a judgment of the Juvenile Judge
of Davidson County awarding to the petitioner, Sheila Veleria Grant, a
judgment for $120,313.00 delinquent child support. AFFIRMED IN PART,
VACATED IN PART, REMANDED.

URL:http://www.tba.org/tba_files/TCA/GRANTSHE_OPN.WP6
Opinion-Flash

EDWARD LeROY HAYES, II
vs.  
TRACIE AMANDA HAYES

Court:TCA

Attorneys:  

J. REED DIXON OF SWEETWATER FOR APPELLANT
DONALD B. REID OF ATHENS FOR APPELLEE
                        
Judge:  Goddard

First Paragraph:

Tracie Amanda Hayes, Defendant-Appellant, appeals a judgment of the
Circuit Court for Monroe County which awarded custody of her minor
child, Trenton Cody Hayes, to his father, Edward LeRoy Hayes, II,
Plaintiff-Appellee. AFFIRMED AND REMANDED.

URL:http://www.tba.org/tba_files/TCA/Hayes-E_OPN.WP6
Opinion-Flash

HERBERT A. JENKINS, d/b/a   
HERB JENKINS REALTY 
vs.
ROY W. GODDARD and wife,
FRANCES H. GODDARD

Court:TCA

Attorneys: 

L. Lee Kull, Maryville, for Appellant
Arthur B. Goddard and Robert N. Goddard, Maryville, for Appellees                         

Judge: INMAN

First Paragraph:

This is an action to recover a real estate commission.  The
plaintiff-broker [hereafter broker] alleged that the owners of the
property orally listed their property with him, that he procured a
buyer who contracted to purchase the property, and because of his
efforts he is entitled to a commission. AFFIRMED.

URL:http://www.tba.org/tba_files/TCA/JENKINS_COA.WP6
Opinion-Flash

ROGER E. JENNE and THOMAS L. 
RASNIC
vs.
GEORGIA ANNE SNYDER-FALKINHAM

Court:TCA

Attorneys: 

MICHAEL E. RICHARDSON, Patrick, Beard & Richardson, P.C., Chattanooga,
for Appellant.
E. BLAKE MOORE, Spears, Moore, Rebman & Williams, Chattanooga, ROGER
JENNE, Cl

Judge: McMurray

First Paragraph:

This case originated as an action to recover contractual attorney fees
which the plaintiffs claim are due and owing for services rendered to
the defendant in a legal action in Virginia. AFFIRMED AND REMANDED.

URL:http://www.tba.org/tba_files/TCA/JENNER_OPN.WP6
Opinion-Flash

IN RE:  
The Estate of ECKLE S. ROSS

Court:TCA

Attorneys: 

PAUL T. COLEMAN and JASON I. EPSTEIN, BAKER, DONELSON, BEARMAN &
CALDWELL, Knoxville, for Appellant/Proponent First Tennessee Bank
National Association.

A. BENJAMIN STRAND, JR., STRAND & GODDARD, Dandridge, for
Appellee//Contestant Sonia Amos, 
and CARLYLE URELLO, PAINE, SWINEY, AND TARWATER, Knoxville, for Glenda
Ross, Stephanie Ross and Jennifer Ross.

Judge: Franks

First Paragraph:

In this action the Trial Court determined that the execution of
decedent's will did not meet the statutory requirements for admitting
the will to probate, and the proponent of the will has appealed.
REVERSED AND REMANDED.

URL:http://www.tba.org/tba_files/TCA/ROSSE_OPN.WP6
Opinion-Flash

STATE OF TENNESSEE, DHS,
AND/ASSIGNEE OF:
WILLIAM RALPH SANDERS and
DORIS SANDERS MASTIN,
vs.
JAMES BRADY SPRINGS

Court:TCA

Attorneys:

For Appellant                       For Appellee

BILLY H. LEFFEW                     JOHN KNOX WALKUP,
Rockwood, Tennessee                 Attorney General and Reporter
                                    Nashville, Tennessee

                                    KIMBERLY M. FRAYN
                                    Assistant Attorney General
                                    Nashville, Tennessee                          

Judge: Susano

First Paragraph:

This is a paternity case.  When the respondent, James Brady Springs
(Father), demanded a jury trial, this matter was transferred to the
Anderson County Circuit Court.  After DNA testing indicated a very
high probability that he was the father of William Ralph Sanders,
Springs acknowledged his paternity of the child.  On remand to the
Anderson County Juvenile Court, that court set Father's past support
obligation at $88,026 and decreed that this amount be paid to the
petitioner, Doris Sanders Mastin (Mother), at the rate of $578 per
month.  Father appealed. AFFIRMED AND REMANDED.

URL:http://www.tba.org/tba_files/TCA/SANDERSWR_OPN.WP6
Opinion-Flash

SCEPTER, INC.
vs.
HUMPHREYS COUNTY, TENNESSEE  
and THE HUMPHREYS COUNTY 
AIRPORT AUTHORITY

Court:TCA

Attorneys:

Leah G. Gossett, #16698
James R. Buckner
MILLER & MARTIN
Suite 1000, Volunteer Building
832 Georgia Avenue
Chattanooga, TN 37402-2289
ATTORNEYS FOR PLAINTIFF/APPELLANT,

John Lee Williams
PORCH, PEELER, WILLIAMS & THOMASON
102 South Court Square
Waverly, TN 37185-2198
ATTORNEY FOR DEFENDANT/APPELLEE                          

Judge: TODD

First Paragraph:

This is a suit to enforce an oral lease of airport hanger privileges
at a county-owned airport. REVERSED AND REMANDED.

URL:http://www.tba.org/tba_files/TCA/SCEPTER_OPN.WP6
Opinion-Flash

IN RE: ESTATE OF RANDALL GREER 
SIMMONS, Deceased 
MARGARET S. SIMMONS
vs.
THE ESTATE OF RANDALL GREER 
SIMMONS

Court:TCA

Attorneys:

HOWARD L. UPCHURCH, Pikeville, for Appellant.
J. ARNOLD FITZGERALD, Dayton, for Appellee.                          

Judge: McMurray

First Paragraph:

In this case, the Chancellor for Bledsoe County, in exercising his
probate jurisdiction, construed a deed which the decedent, Randall
Greer Simmons, made and delivered in his lifetime.  He concluded that
the deed created an estate by the entirety between the deceased and
his wife.  We affirm the judgment of the trial court.

URL:http://www.tba.org/tba_files/TCA/SIMMONS_OPN.WP6
Opinion-Flash

JACK WILFORD SPEARS
vs.
OLIVER K. SPEARS, JR., BARBARA 
SPEARS, AND JOHN ARTHUR SPEARS

Court:TCA

Attorneys: 

BRIAN T. MANSFIELD, Sevierville, for Appellant.
ROBERT N. GODDARD, Goddard & Gamble, Maryville for Appellees.                         

Judge: McMurray

First Paragraph:

This appeal is from the action of the trial court sustaining a motion
for summary judgment in favor of the defendants.  For reasons stated,
we affirm the trial court's judgment in all respects.

URL:http://www.tba.org/tba_files/TCA/SPEARSJ_OPN.WP6
Opinion-Flash
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