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.
- 00-New Opinons From TSC
- 00-New Opinons From TSC-Rules
- 00-New Opinons From TSC-Workers Comp Panel
- 04-New Opinons From TCA
- 05-New Opinons From TCCA
There are three ways to get the full opinion from the Web: (TBALink members only)
TBALink Chief Editor
DOROTHY R. W. BARHAM vs. DIANE W. COOPER Court:TCA Attorneys: Clyde W. Keenan; Keenan, Fox & Dabbous of Memphis For Appellant Charles E. Hodum and Mitzie C. Johnson of Collierville For Appellee Judge: CRAWFORD First Paragraph: This case involves a complaint for an accounting and injunctive relief. Plaintiff, Dorothy R. W. Barham, appeals the order of the trial court affirming the report of the Special Master in favor of defendant, Diane W. Cooper. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/BARHAMD_OPN.WP6 WILLIAM J. CHASE, JR., As Administrator C.T.A. of the Estate of BETTY LOU STIDHAM, Deceased vs. THE CITY OF MEMPHIS Court:TCA Attorneys: John J. Heflin III, Bourland, Heflin, Alvarez, Holley & Minor, PLC, of Memphis For Plaintiff-Appellee Monice Moore Hagler, City Attorney Robert M. Fargarson, Assistant City Attorney Martin W. Zummach For Defendant-Appellant Judge: CRAWFORD First Paragraph: This appeal involves a suit for wrongful death based on negligence under the Tennessee Governmental Tort Liability Act, T.C.A. S 29-20-101 et seq. (1980) and for wrongful death based on the creation of a special relationship and a nuisance. Defendant, the City of Memphis, appeals from the trial court's judgment in favor of plaintiff, William J. Chase, as Administrator C.T.A. of the Estate of Betty Lou Stidham. The trial court, sitting without a jury, found that plaintiff's damages totaled $1,897,713.03, and that the City's negligence caused 40 percent of those damages. However, because of the application of the Tennessee Governmental Tort Liability Act (hereinafter the Act), the court limited plaintiff's recovery to $130,000.00, and entered a judgment in that amount. AFFIRMED. URL:http://www.tba.org/tba_files/TCA/CHASEWM_OPN.WP6 ALTON F. DIXON vs. NIKE, INC. Court:TCA Attorneys: Alton F. Dixon, Pro Se Herbert E. Gerson, Michelle S. Harkavy; McKnight Hudson Lewis Ford & Harrison of Memphis Judge: CRAWFORD First Paragraph: Plaintiff, Alton F. Dixon, appeals the order of the trial court granting summary judgment to defendant, Nike, Inc. Nike is a manufacturer of sporting goods, footwear, and apparel, and Dixon was an at-will employee of Nike. Nike encourages its employees to actively participate in improving their work environment and in implementing ideas for new products on the market through a program called "I Got It." AFFIRMED. URL:http://www.tba.org/tba_files/TCA/DIXONAL_OPN.WP6 MARY ANN UMSTOT vs. EDWARD SHIRER UMSTOT with DISSENTING IN PART; CONCURRING IN PART OPINION Court:TCA Attorneys: Daniel Loyd Taylor and James H. Taylor, III of Memphis For Appellee Hal Gerber and Karen R. Cicala of Memphis For Appellant Judge: CRAWFORD First Paragraph: This is a divorce case. Edward Shirer Umstot (Husband) appeals the order of the trial court awarding a divorce, alimony in solido, and child support to Mary Ann Umstot (Wife). REVERSED IN PART, AFFIRMED AS MODIFIED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/UMSTOTMA_OPN.WP6 URL:http://www.tba.org/tba_files/TCA/UMSTOTMA_DIS.WP6 STATE OF TENNESSEE vs. MICHAEL DRINNON Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: George W. Eichelman Charles W. Burson District Public Defender Attorney General & Reporter D. Clifton Barnes Peter M. Coughlan Assistant Public Defender Assistant Attorney General 1609 College Park Drive Criminal Justice Division P.O. Box 11 450 James Robertson Parkway Morristown, TN 37813-1618 Nashville, TN 37243-0493 C. Berkeley Bell, Jr. District Attorney General John F. Dugger, Jr. Victor J. Vaughn Asst District Attorneys General Hamblen County Justice Center 510 Allison Street Morristown, TN 37814 Judge: SUMMERS First Paragraph: The appellant, Michael Drinnon, was convicted by a jury of driving under the influence (DUI) and driving on a revoked license. Both convictions were for second offenses for each individual crime. He received 11 months and 29 days, with a 50% release eligibility date for the DUI conviction and 11 months and 29 days for driving on a revoked license. He appeals challenging the sufficiency of the convicting evidence and his sentence. Upon review, we affirm. URL:http://www.tba.org/tba_files/TCCA/DRINNONM_OPN.WP6 GEORGE F. JONES, JR. vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: DAVID B. HILL JOHN KNOX WALKUP 301 E. Broadway Attorney General & Reporter Newport, TN 37821 MICHAEL J. FAHEY, II Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 ALFRED C. SCHMUTZER District Attorney General 125 Court Ave. Rm. 301-E Sevierville, TN 37864-4245 Richard R. Vance Asst District Attorney General 339-A E. Main St. Newport, TN 37821 Judge: WITT First Paragraph: The petitioner, George F. Jones, Jr., appeals pursuant to Rule 3, Tennessee Rules of Appellate Procedure, from the Grainger County Circuit Court's denial of post-conviction relief. The petitioner was convicted in 1991 of four counts of aggravated rape and received an effective twenty-year sentence. His conviction was affirmed on direct appeal to this court. State v. Jackie Ray Coffman and George Jones, No. 03C01-9203-CR-65 (Tenn. Crim. App., Knoxville, Jan. 7, 1993). Jones filed a petition for post-conviction relief on Jan. 21, 1994, alleging various violations of his constitutional rights. The trial court appointed counsel and held a hearing on October 23, 1994. At the hearing, the petitioner relied solely on his claim that he had been denied effective assistance of counsel. The trial court denied the petition at the close of the hearing, finding that defense counsel had not been ineffective. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/JONESGEF_OPN.WP6 DAVID G. MYERS vs. STATE OF TENNESSEE Court:TCCA Attorneys: For Appellant: David G. Myers, Pro Se 228811 NECC P.O. Box 5000 Mountain City, TN 37683 For Appellee: Charles W. Burson Attorney General & Reporter Marvin E. Clements, Jr. Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 Victor Vaughn Assistant District Attorney General 510 Allison Street Morristown, TN 37814 Judge: WITT First Paragraph: The petitioner, David G. Myers, filed a petition for post conviction relief on October 25, 1996. The trial court dismissed the petition as being barred by the statute of limitations without appointing counsel or holding an evidentiary hearing. The petitioner now appeals as of right the dismissal of his petition. We affirm. URL:http://www.tba.org/tba_files/TCCA/MYERSDG_OPN.WP6 STATE OF TENNESSEE vs. STEVEN L. RAUHUFF Court:TCCA Attorneys: For Appellant: For Appellee: Mack Garner Charles W. Burson District Public Defender Attorney General & Reporter 419 High Street Maryville, TN 37801 Peter M. Coughlan Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 Philip Morton Asst District Attorney General 363 Court Street Maryville, TN 37804 Judge: WITT First Paragraph: The defendant, Steve Rauhuff, appeals as of right the judgment of the Blount County Circuit Court revoking his probation. Declared a habitual motor vehicle offender, the defendant was convicted of violations of the order in 1992 and 1993 and served a portion of both sentences in custody. In 1994, the defendant was again convicted of violating the order and sentenced to full probation. He filed this appeal. While released on probation in this case, the defendant was charged with a fourth violation of the habitual motor vehicle offender order and with resisting arrest. Thereafter, the trial court revoked probation. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/RAUHUFFS_OPN.WP6 STATE OF TENNESSEE vs. GARY W. TOMLIN Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: THOMAS T. OVERTON JOHN KNOX WALKUP 213 Third Avenue, North Attorney General & Reporter Nashville, TN 37201 DARYL J. BRAND Assistant Attorney General 425 Fifth Avenue North 2nd Floor, Cordell Hull Building Nashville, TN 37243 LAWRENCE RAY WHITLEY District Attorney General C. WAYNE HYATT Asst District Attorney General 113 West Main Street Gallatin, TN 37066 Judge: WOODALL First Paragraph: The Appellant, Gary W. Tomlin, Jr. , appeals the revocation of his probation by the trial court in Sumner County. At the revocation hearing, the State presented evidence of the Appellant's failure to comply with the conditions of his probation. The Appellant testified and gave explanations for his failure to comply with the probation conditions. After hearing all the evidence, the trial court made specific findings of fact set forth in court orders, that Appellant had violated the conditions of his probation. URL:http://www.tba.org/tba_files/TCCA/TOMLINGW_OPN.WP6
Feel free to forward this Opinion-Flash on to any attorney you know of with an internet address, who is not a TBALink member. To Join TBALink - Http://www.tba.org/join.html/
Would you like to receive the TBALink Opinion-Flash each day via e-mail?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE
3) Leave the body of the message blank
Non TBA members are WELCOME to subscribe...it's free!!
Would you like to STOP receiving the TBALink Opinion-Flash?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: UNSUBSCRIBE
3) Leave the body of the message blank