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
- 02-New Opinons From TSC-Workers Comp Panel
- 04-New Opinons From TCA
- 05-New Opinons From TCCA
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TBALink Chief Editor
JOHN R. KREIS, INC., and NATIONAL AMERICAN INS. COMPANY vs. JANET ELIZABETH ARONS, surviving widow of LARRY MELVIN ARONS and NICHOLE LEE ARONS, a dependent minor child of Larry Melvin Arons b/n/f and mother, Janet Elizabeth Arons Court:TSC - Workers Comp Panel Attorneys: For the Appellants: For the Appellees: Harry Wiersema Rockforde D. King 616 W. Hill Avenue Wesley L. Hatmaker Knoxville, TN 37902 Egerton, McAfee, Armistead & Davis, P.C. 500 First American Center P.O. Box 2047 Knoxville, TN 37901 Judge: INMAN First Paragraph: Both parties filed motions for summary judgment in this case wherein the deceased was found dead in his truck, having died, according to the Certificate of Death, of "natural causes," not otherwise defined. The appellants conceded that the cause of death of their decedent, Mr. Arons, was unknown, and it was essentially upon this basis that the claim for benefits was denied. The surviving dependents of Mr. Arons appeal and present for review the propriety of summary judgment "when a worker is found dead at his post with no proof of the cause of death." URL:http://www.tba.org/tba_files/TSC_WCP/kreis_wc.WP6 RANDY LAMBDIN vs. OLD REPUBLIC INSURANCE COMPANY and KOPPER-GLO FUELS, INC Court:TSC - Workers Comp Panel Attorneys: For the Appellants: For the Appellee: Richard W. Mattson David H. Dunaway 210 Third Avenue North 100 South Fifth Street P.O. Box 190683 P.O. Box 231 Nashville, Tenn. 37219-0683 LaFollette, Tenn. 37766 Judge: THAYER First Paragraph: The appeal has been perfected by defendants, Old Republic Insurance Company and Kopper-Glo Fuels, Inc., from an award to the plaintiff, Randy Lambdin, of 25% permanent partial disability to the body as a whole. URL:http://www.tba.org/tba_files/TSC_WCP/lambdin_wc.WP6 ROBERT G. BUNCH, et ux. DEBORAH C. BUNCH vs. GARY J. COOPER, et ux., DOROTHY L. COOPER, and GJC CONSTRUCTION CO. Court:TCA Attorneys: For Appellants For Appellees DONALD E. OVERTON DAVID E. SMITH GLENNA W. OVERTON Hodges, Doughty & Carson Knoxville, Tennessee Knoxville, Tennessee Judge: Susano First Paragraph: Robert G. Bunch and his wife, Deborah C. Bunch ("the Buyers"), brought suit against Gary J. Cooper and his wife, Dorothy L. Cooper ("the Sellers"), to recover damages allegedly caused by the Sellers' faulty construction of their house. Their suit is based upon the theory that the sale of their newly constructed residence is subject to a four-year implied warranty that the house "was fit for the purposes intended." The jury returned a verdict of $1,000 for the Buyers. URL:http://www.tba.org/tba_files/TCA/bunchrg_opn.WP6 MARY CAMILLE GIVLER vs. DEAN MARK GIVLER MARY CAMILLE GIVLER vs. DEAN MARK GIVLER and wife, ALMA GIVLER Court:TCA Attorneys: For Appellant For Appellees JANET L. HOGAN DEAN M. GIVLER, Pro Se Hogan & Hogan, P.L.L.C. Friendsville, Tennessee Knoxville, Tennessee ALMA GIVLER, Pro Se Friendsville, Tennessee Judge: Susano First Paragraph: This is a post-divorce case. Mary Camille Fraley ("Wife") seeks a finding that her former husband, Dean Mark Givler ("Husband"), is in civil contempt of court because of his alleged failure to obey the trial court's order to pay her alimony in futuro of $500 per month. By way of a counter-petition, Husband seeks to terminate his alimony obligation; his application is predicated on an alleged change in the parties' circumstances. Following a bench trial, the court below denied Wife's motion for contempt; decreed that Husband's alimony obligation was "suspended from and after May 23, 1996"; and dismissed Wife's "Creditors Bill," a lawsuit that had been transferred to the trial court from the Blount County Chancery Court. Wife appealed, arguing that the trial court erred in denying her motion for contempt and in dismissing her suit in chancery. She also contends that the trial court committed error when it, in effect, terminated Husband's alimony obligation. She seeks attorney's fees incurred in connection with this appeal. URL:http://www.tba.org/tba_files/TCA/givlermc_opn.WP6 IN RE: ELIZABETH D. MESSAMORE ANN M. YARBER vs. SAMUEL J. MESSAMORE Court:TCA Attorneys: CHARLES T. WEBBER, JR., OF KNOXVILLE FOR APPELLANT A. THOMAS MONCERET OF KNOXVILLE FOR APPELLEE Judge: Goddard First Paragraph: Samuel J. Messamore, son of Elizabeth Messamore, and sister of Ann M. Yarber, appeals a judgment of the Chancery Court for Anderson County which appointed Mrs. Yarber Conservator for Mrs. Messamore. URL:http://www.tba.org/tba_files/TCA/messamor_opn.WP6 CAROLYN S. STROUPE and LARRY F. STROUPE vs. L. ALAN BACON, D.D.S. Court:TCA Attorneys: DAVID W. BLANKENSHIP OF KINGSPORT FOR APPELLANTS DARRELL E. BAKER, JR., OF MEMPHIS FOR APPELLEE Judge: Goddard First Paragraph: This is a medical malpractice case brought for the third time by Carolyn S. Stroupe and her husband, Larry F. Stroupe, against her dentist, L. Alan Bacon. URL:http://www.tba.org/tba_files/TCA/stroupec_opn.WP6 STATE OF TENNESSEE vs. GLEN JUSTES Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: ANDREW N. HALL JOHN KNOX WALKUP P.O. Box 345 Attorney General and Reporter Wartburg, TN 37887 MARVIN E. CLEMENTS, JR. Assistant Attorney General 425 5th Avenue North Nashville, TN 37243 CHARLES E. HAWK District Attorney General ROGER DELP Assistant District Attorney General P.O. Box 703 Kingston, TN 37763 Judge: WELLES First Paragraph: This is an appeal as of right pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. Upon his plea of guilty, the Defendant was convicted of the Class C felony offense of theft of property over the value of ten thousand ($10,000) dollars. The trial judge sentenced the Defendant to four years in the Department of Correction, with the sentence to be served on probation except for 120 days to be served during weekends in the local jail. The judge also ordered restitution in the amount of thirty-thousand dollars ($30,000), to be paid in monthly installments. It is from the sentence imposed by the trial court that the Defendant appeals. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/justesg_opn.WP6 STATE OF TENNESSEE vs. WAYNE MCDONALD Court:TCCA Attorneys: For Appellant: Charles Corn District Public Defender 10th Judicial District P.O. Box 1453 Cleveland, TN 37364-1453 For Appellee: Charles W. Burson Attorney General & Reporter Timothy F. Behan Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 Jerry Estes District Attorney General 10th Judicial District Washington Avenue Athens, TN 37303 Judge: WADE First Paragraph: On August 10, 1984, the defendant, Wayne McDonald, was convicted of embezzlement and larceny and sentenced to two consecutive five-year terms. The trial court granted the defendant full probation through August 10, 1994. On February 12, 1993, after one or more probation violations, the defendant's probation was extended three years, presumably through August 10, 1997. On July 8, 1996, the trial court revoked probation when the defendant was convicted of forgery and failed to pay restitution as required by the prior order. The trial court ordered both five-year consecutive sentences, a total of ten years, to be executed. URL:http://www.tba.org/tba_files/TCCA/mcdonalw_opn.WP6 JACKIE SLAGLE vs. STATE OF TENNESSEE Court:TCCA Attorneys: For Appellant: For Appellee: Jackie Slagle, Pro Se Charles W. Burson 140253 NECC Attorney General & Reporter P.O. Box 5000 Mountain City, TN 37683-5000 Sandy R. Copous (on appeal) Assistant Attorney General 450 James Robertson Parkway Marty Browder, Attorney Nashville, TN 37243-0493 District Public Defender's Office 155 Shelby Street Joseph Eugene Perrin Kingsport, TN 37660 Asst District Attorney General (at evidentiary hearing) Blountville, TN 37617 Judge: WADE First Paragraph: The petitioner, Jackie Slagle, appeals the trial court's dismissal of his petition for post-conviction relief. The single issue presented for our review is whether the petition was barred by the statute of limitations. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/slaglej_opn.WP6 STATE OF TENNESSEE vs. ROBERT M. SNEED Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: GREGORY D. SMITH JOHN KNOX WALKUP Attorney at Law Attorney General & Reporter One Public Square, Suite 321 Clarksville, TN 37040 SARAH M. BRANCH (On Appeal) Assistant Attorney General 2nd Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, TN 37243-0943 STEPHEN M. WALLACE H. GREELEY WELLS, JR. District Public Defender District Attorney General RICHARD A. TATE ROBERT H. MONTGOMERY, JR. Assistant Public Defender Asst District Attorney General P.O. Box 839 P.O. Box 526 Blountville, TN 37617-0839 Blountville, TN 37617-0526 Judge: WOODALL First Paragraph: The Defendant, Robert M. Sneed, appeals as of right pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. Following a jury trial in the Criminal Court of Sullivan County, the Defendant was convicted of driving under the influence, second offense, and driving on a revoked license, second offense. The trial court sentenced Defendant to serve eleven (11) months, twenty-nine (29) days for each conviction. These sentences were ordered to be served concurrently. In his sole issue on appeal, the Defendant argues the evidence was insufficient to sustain a verdict of guilty beyond a reasonable doubt of second offense DUI. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/sneedrm_opn.WP6 STATE OF TENNESSEE vs. WILLIAM PERRY THOMPSON Court:TCCA Attorneys: FOR THE APPELLANT FOR THE APPELLEE Joe H. Walker Charles W. Burson Public Defender Attorney General & Reporter P.O. Box 334 Harriman, TN. 37748 Peter M. Coughlan Assistant Attorney General Walter B. Johnson, II Criminal Justice Division Assistant Public Defender 450 James Robertson Parkway P.O. Box 334 Nashville, TN. 37243 Harriman, TN. 37748 Charles E. Hawk District Attorney General P.O. Box 703 Kingston, TN. 37763 Judge: BARKER First Paragraph: The appellant, William Perry Thompson, appeals the Roane County Criminal Court's dismissal, without a hearing, of his petition for post-conviction relief. We affirm the trial court. URL:http://www.tba.org/tba_files/TCCA/thompsnw_opn.WP6
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