TBALink Opinion-Flash

September 30, 1997 -- Volume #3 -- Number #093

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):
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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George Dean
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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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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