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
- 10-New Opinons From TCA
- 00-New Opinons From TCCA
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NANCY RENEE McREYNOLDS (DELBRIDGE) vs. ROBERT IRVING McREYNOLDS Court:TCA Attorneys: TERRY A. FANN R. STEVEN WALDRON WALDRON AND FANN Murfreesboro, Tennessee Attorneys for Appellant JOHN H. NORTON, III NORTON & SMITH Shelbyville, Tennessee Attorney for Appellee Judge: HIGHERS First Paragraph: Nancy Renee McReynolds Delbridge (Mother) appeals the trial court's order denying her counterpetition to modify the joint custody arrangement previously agreed to by the parties and set forth in their final divorce decree. For the reasons stated hereinafter, we affirm the trial court's judgment. URL:http://www.tba.org/tba_files/TCA/mcreynon_opn.WP6 DIANA MORRIS vs. STATE OF TENNESSEE Court:TCA Attorneys: John Knox Walkup Attorney General and Reporter Michael E. Moore Solicitor General Michael W. Catalano Associate Solicitor General Office of the Attorney General Executive Offices 500 Charlotte Avenue Nashville, TN 37243-0497 ATTORNEYS FOR DEFENDANT/APPELLANT Bill Hodde 305 Rivergate Park Building 1994 Gallatin Road, North Madison, TN 37115-2023 ATTORNEY FOR CLAIMANT/APPELLEE Judge: INMAN First Paragraph: This action was filed October 15, 1992 before the Tennessee Claims Commission. The plaintiff sought two-fold relief: (1) benefits under the Workers' Compensation Law, Tenn. Code Ann. S 50-6-101 et seq., and (2) damages for the tort of alleged retaliatory discharge for filing a claim for workers' compensation benefits, as allegedly authorized by Tenn. Code Ann. S 9-8-301 et seq. The claims were bifurcated. URL:http://www.tba.org/tba_files/TCA/morris_opn.WP6 DEBORAH MURRAY Administrator Ad Litem of the Estate of Terrance Murray and as Next of Kin of Terrance Murray vs. JEREMY A. BRYANT, LILLIAN BRYANT-MILLER, KATHY HERBST, CHARLIE HERBST METROPOLITAN GOVERNMENT OF NASHVILLE and DAVIDSON COUNTY, TENNESSEE Court:TCA Attorneys: Jerry L. Maynard, II 1907 Old Murfreesboro Pk. Nashville, Tennessee 37217 ATTORNEY FOR PLAINTIFF/APPELLANT James L. Murphy, III, Director James L. Charles, Associate Martha Zendlovitz, Associate Wm. Michael Safley, Associate Department of Law of the Metropolitan Government of Nashville and Davidson County 204 Metropolitan Courthouse Nashville, TN 37201 ATTORNEYS FOR DEFENDANTS/APPELLEES Judge: INMAN First Paragraph: This is an action for damages against the Metropolitan Government and other Defendants, alleging that they are liable for the death of Plaintiff's son, Terrance Murray, who was shot and killed by a fellow student while attending J. T. Moore Middle School in Nashville, Tennessee, on April 21, 1994. URL:http://www.tba.org/tba_files/TCA/murray_opn.WP6 LAWRENCE EDWARD NORTON, SR. vs. BRENDA KAY NORTON Court:TCA Attorneys: Stuart Brian Breakstone, LAW OFFICE OF DON OWENS, P.A., Memphis Attorney for Plaintiff/Appellant. Lee Ann Pafford Dobson, THE LAW OFFICES OF JOHN R. JOHNSON, III, P.C., Memphis Attorney for Defendant/Appellee. Judge: FARMER First Paragraph: This litigation concerns dissolution of a marriage 24 years in duration. The appellant, Lawrence Edward Norton, Sr. ("Husband"), has appealed from the final decree of divorce, challenging the correctness of the trial court's decision to award the appellee, Brenda Kay Norton ("Wife"), one-half of his railroad retirement benefits, rehabilitative alimony and attorney's fees. For reasons expressed below, we affirm and remand. URL:http://www.tba.org/tba_files/TCA/nortonle_opn.WP6 The Outdoor Source, Inc. vs. Outdoor Entertainment, Inc. Court:TCA First Paragraph: This court entered an order on 13 August 1997 in the above styled case. Defendant/appellee, Outdoor Entertainment, Inc. ("OEI"), filed a petition for rehearing on 25 August 1997. It is the opinion of this court that the petition should be denied. URL:http://www.tba.org/tba_files/TCA/outdoor_ord.WP6 DON PARIS vs. CITY OF LEBANON PERSONNEL REVIEW BOARD Court:TCA Judge: CAIN First Paragraph: This case is before the Court on Appeal from the Chancery Court of Wilson County, Tennessee, wherein the Chancellor dismissed a Petition for Certiorari under T.C.A. S27-9-101 and T.C.A.S27-9-102, as having been untimely filed. URL:http://www.tba.org/tba_files/TCA/paris_opn.WP6 LOJUNE WILLIAMS SNEED FORD vs. LARRY WAYNE SNEED Court:TCA Attorneys: Larry Sneed, Pro Se James T. DuBois Columbia,Tennessee Attorney for Plaintiff/Appellee Judge: LILLARD First Paragraph: This matter appears appropriate for consideration pursuant to Rule 10(a) of the Rules of the Court of Appeals of Tennessee. In this case, the appellee, Lojune Sneed Ford ("Ford"), petitioned for divorce against the appellant, Larry Wayne Sneed ("Sneed"), in 1991. On February 4, 1992, Ford was awarded a default judgment and a divorce. This judgment and divorce, however, were later set aside in April, 1992 for Sneed's excusable neglect to hire an attorney. On June 25, 1992, both parties, represented by counsel, signed an Agreed Order of Settlement, which was approved by the trial court. URL:http://www.tba.org/tba_files/TCA/sneedlw_opn.WP6 WHITNEY STEGALL vs. DOTTIE LOU PRYOR, BENTON M. MASON, JR., HUGH BURTON MASON, WILLIAM E. MASON, JR., TAYLOR S. MASON, and BOB S. MASON KIRKLAND A. MASON, TIMOTHY A. MASON, JILL MASON QUIGG, EDWARD C. MASON, and CHRISTOPHER C. MASON Court:TCA Attorneys: Darrell L. West Richard F. LaRoche, Sr. 144 Second Avenue, North 107 North Maple Street The Pilcher Building, Suite 300 Murfreesboro, TN 37133-1648 Nashville, TN 37201 and and Jerry Scott Dan E. Huffstutter John Kea 144 Second Avenue, North Scott & Kea The Pilcher Building, Suite 333 P. O. Box 1216 Nashville, TN 37201 Murfreesboro, TN 37133-1216 ATTORNEYS FOR ATTORNEYS FOR DEFENDANTS/APPELLANTS DOTTIE LOU PRYOR, ET. AL., DEFENDANTS/APPELLEES Val Sanford Julie C. Murphy Gullett, Sanford, Robinson & Martin 230 Fourth Avenue North, 3rd Floor P. O. Box 198888 Nashville, TN 37219-8888 ATTORNEYS FOR WHITNEY STEGALL, ADMINISTRATOR C.T.A.OF THE ESTATE OF V. R. MASON PLAINTIFF/APPELLEE Judge: INMAN First Paragraph: V. R. Mason died testate on October 29, 1995. The executor, Richard F. LaRoche, Jr., propounded the will for probate; in the ease of language it provided for the payment of debts and taxes and created a trust for a family cemetery, with the remainder to pass under the laws of intestate succession. URL:http://www.tba.org/tba_files/TCA/stegall_opn.WP6 BILLIE WHEELER, next of kin and mother of Barry Cecil Ford, deceased JULIA ROBERTS, next of kin and mother of Dustin Ross Nolen, deceased vs. LYLE H. BURLEY, CENTRAL TRANSPORT, INC., and WHITE CARTAGE CO. MILTON ELLIS NOLEN, next of kin and father of Dustin Ross Nolen, deceased vs. LYLE H. BURLEY, CENTRAL TRANSPORT, INC., and WHITE CARTAGE CO. Court:TCA Judge: CAIN First Paragraph: The only issue before the Court on this appeal involves the proper distribution of a portion of attorney's fees emanating from an agreed settlement. Julia Roberts and Milton Nolen were husband and wife prior to their Mississippi divorce in 1984. Their adult son, Dustin Ross Nolen along with Barry Cecil Ford were killed April 23, 1994 when the motorcycle, operated by Nolen with Ford as a passenger, collided with a trailer truck, owned and operated by the Defendants, Central Transport Inc., and Lyle H. Burley. URL:http://www.tba.org/tba_files/TCA/wheeler_opn.WP6 JAMES O. WRIGHT vs. KATHY WRIGHT STOVALL Court:TCA Attorneys: For the Plaintiff/Appellee: For the Defendant/Appellant: Phillip Robinson Clark Lee Shaw Nashville, Tennessee Mary Arline Evans Nashville, Tennessee Judge: LILLARD First Paragraph: This is a child custody case. The parties had entered into a Marital Dissolution Agreement in which they had joint custody of the minor child. After the father's remarriage, both the mother and father filed petitions seeking custody. The father now appeals the trial court's order awarding sole custody of the parties' child to the mother. We affirm. URL:http://www.tba.org/tba_files/TCA/wrightjo_opn.WP6
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