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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
- 00-New Opinons From TSC
There are three ways to get the full opinion from the Web: (TBALink members only)
- Do a key word search in the Search Link area of TBALink.This option will allow you to view and save a plain text
version of the opinion.
- *NEW* Browse the Opinion List area of TBALink. This option will allow you
to download the original WP 6.0 document.
version of the opinion.
- Click the URL Link at end of each Opinion paragraph below. This option will allow you to download the original WP 6.0 document.
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
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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© Copyright 1998 Tennessee Bar Association - This Issue (IN THIS ORDER):