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TBALink Opinion-Flash
October 29, 1997 -- Volume #3 -- Number #110
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):
- 01-New Opinons From TSC
- 00-New Opinons From TSC-Rules
- 00-New Opinons From TSC-Workers Comp Panel
- 10-New Opinons From TCA
- 02-New Opinons From TCCA
- 01-New Opinons From TSC
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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
ROBERT BEAN, FRANKLIN SHAFFER, DAVID AUTRY, MACK ROBERTS, KEVIN ANTLE, TOM NICHOLS, TAMMIE BEASLEY, and ROXANNE LUCE, vs. NED RAY McWHERTER, in his capacity as Governor of the State of Tennessee, CHARLES W. BURSON, Attorney General of the State of Tennessee, TENNESSEE WILDLIFE RESOURCES COMMISSION, and GARY MYERS, Director of the Wildlife Resources Agency Court:TSC First Paragraph: A petition for rehearing has been filed on behalf of Plaintiffs/Appellees. After consideration of the same, the Court is of the opinion that the petition should be and the same is hereby denied at the cost of Plaintiffs/Appellees. URL:http://www.tba.org/tba_files/TSC/beanr_ord.WP6
JOHN J. BANDEIAN, JR., M.D.
VS.
MARTIN H. WAGNER
Court:TCA
Attorneys:
John J. Bandeian, M.D.
3169 West State Street
Bristol, TN 37620
PRO SE FOR PLAINTIFF/APPELLANT
Ed R. Davies, #3231
DAVIES, CANTRELL & HUMPHREYS
150 Second Avenue North, Suite 225
Nashville, TN 37201
ATTORNEY FOR DEFENDANTS/APPELLEES
Judge:TODD
First Paragraph:
The plaintiff, John J. Bandeian, Jr., M.D. has appealed from the
summary dismissal of his suit against the defendant, Martin H. Wagner,
M.D. for libel.
URL:http://www.tba.org/tba_files/TCA/bandeisj_opn.WP6
URL:http://www.tba.org/tba_files/TCA/bandeian_con.WP6
KEVIN CALDWELL
VS.
NISSAN MOTOR MANUFACTURING
CORPORATION, U.S.A.
Court:TCA
Attorneys:
Shelley I. Stiles
5214 Maryland Way, #210
Brentwood, TN 37027
ATTORNEY FOR PLAINTIFF/APPELLANT
Andree Sophia Blumstein
SHERRARD & ROE PLC
424 Church St., Suite 2000
Nashville, TN 37219
ATTORNEY FOR DEFENDANT/APPELLEE,
Judge:TODD
First Paragraph:
The plaintiff, Kevin Caldwell, has appealed from a summary judgment
dismissing his suit against Nissan Manufacturing Corp. U.S.A., his
former employer, for damages resulting from the termination of his
employment in retaliation for his claiming workers compensation
benefits.
URL:http://www.tba.org/tba_files/TCA/caldwelk_opn.WP6
JEWEL DeGROOD and
FRANK DeGROOD
VS.
CROOK'S SUPERMARKET, INC.
d/b/a STEVEN'S FOOD STORE
Court:TCA
Attorneys:
John H. Lowe,
Samuel A. Baron,
LOWE & BARON, Goodlettsville, Tennessee
Attorney for Plaintiffs/Appellants.
C. Benton Patton, MANIER, HEROD, HOLLABAUGH & SMITH, Nashville, TN
Attorney for Defendant/Appellee.
Judge:FARMER
First Paragraph:
Jewel DeGrood and Frank DeGrood, her husband, sued Crook's
Supermarket, Inc., d/b/a Steven's Food Store (Store) alleging injuries
and damages resulting from Mrs. DeGrood having fallen on the
defendant's premises on August 12, 1994. The trial court granted the
defendant's motion for summary judgment and the issue presented by the
plaintiffs on appeal is whether or not the trial court erred in doing
so.
URL:http://www.tba.org/tba_files/TCA/degroodj_opn.WP6
PETRA (PICKEL) FRANKS
VS.
DAVID EARL FRANKS
Court:TCA
Attorneys:
KEVIN C. KENNEDY
127 South Third Street
Clarksville, Tennessee 37040
Attorney for Plaintiff/Appellant
LARRY B. WATSON
320 Franklin Street
Clarksville, Tennessee 37040
Attorney for Defendant/Appellee
Judge:CANTRELL
First Paragraph:
The Chancery Court of Montgomery County denied Petra Franks' petition
for a change of custody of her three minor children. Because we find
no change of circumstances following the original award to the father,
we affirm the lower court's judgment.
URL:http://www.tba.org/tba_files/TCA/franksp_opn.WP6
DONALD A. FRIEDMAN
VS.
JOHN B. LOWERY
Court:TCA
Attorneys:
Stewart C. Stallings, STEWART, WILKINSON AND WILSON, Memphis, TN
Attorney for Plaintiff/Appellant.
Thomas Lee Hinson, Collierville, Tennessee
Attorney for Defendant/Appellee.
Judge:FARMER
First Paragraph:
Plaintiff Donald A. Friedman appeals the trial court's order which
entered a judgment in favor of Defendant/Appellee John B. Lowery in
this action on a Guarantee Agreement. We reverse the trial court's
judgment based on our conclusion that Lowery was not relieved of his
obligation as a guarantor under the Guarantee Agreement.
URL:http://www.tba.org/tba_files/TCA/friedmda_opn.WP6
JAN MILTON HAUSMANN
VS.
NINA LOUISE STANFORD
HAUSMANN
Court:TCA
Attorneys:
EDWARD J. GROSS
Suite 1601, Parkway Towers
Nashville, Tennessee 37219
Attorney for Plaintiff/Appellant
J. RUSSELL PARKES
102 West 7th Street
P. O. Box 692
Columbia, Tennessee 38402-0692
Attorney for Defendant/Appellee
Judge:CANTRELL
First Paragraph:
Jan Milton Hausmann and Nina Louise Stanford married in 1967, when he
was working on his masters degree in physiology, and she was a nursing
school student. Mrs. Hausmann obtained her R.N. degree about three
months after the marriage. Her husband obtained his masters degree,
and began medical school in 1968.
URL:http://www.tba.org/tba_files/TCA/hausmajm_opn.WP6
WAYNE MORRIS
VS.
CORRECTIONAL ENTERPRISES
OF TENNESSEE, TENNESSEE
CIVIL SERVICE COMMISSION, and
SUSAN R. WILLIAMS, in Her
Official Capacity as Commissioner of
the Tennessee Department of
Personnel
Court:TCA
Attorneys:
LARRY D. WOODS
P. O. Box 24727
Nashville, Tennessee 37202-4727
Attorney for Plaintiff/Appellant
JOHN KNOX WALKUP
Attorney General & Reporter
JAMES C. FLOYD
Assistant Attorney General
450 James Robertson Parkway
Nashville, Tennessee 37243-0490
Attorney for Defendants/Appellees
Judge:CANTRELL
First Paragraph:
The primary question in this appeal, from which all other issues flow,
is what is the procedure for determining whether a state employee was
in the career service, and thus entitled to civil service protection,
or in the executive service serving at the pleasure of his employer.
We vacate the judgment of the chancery court and give the appellant
employee thirty days to act in accordance with the proper procedure
as outlined in the following opinion.
URL:http://www.tba.org/tba_files/TCA/morrisw_opn.WP6
CHRIS SENSING
VS.
KARRIE DODSON
Court:TCA
Attorneys:
PHILLIP M. GEORGE
P. O. Box 467
511 Enon Springs Road, East
Smyrna, Tennessee 37167
Attorney for Plaintiff/Appellant
WILLIAM LANDIS TURNER
102 No. Court Street
P. O. box 789
Hohenwald, Tennessee 38462
Attorney for Defendant/Appellee
Judge:CANTRELL
First Paragraph:
This case involves a father's right of visitation with his minor child
born out of wedlock. Because we find that the trial court could have
structured visitation in a manner which interfered less with the
parent/child relationship, we remand this case for a re-structuring of
the visitation arrangement in accordance with the following opinion.
URL:http://www.tba.org/tba_files/TCA/sensingc_opn.WP6
SHARON ANNE SMITH
VS.
ALAN WAYNE SMITH
Court:TCA
Attorneys:
R. E. LEE DAVIES
HARTZOG, SILVA & DAVIES
123 Fifth Avenue North
P. O. Box 664
Franklin, Tennessee 37065-0664
Attorney for Plaintiff/Appellant
ROBERT TODD JACKSON
JACKSON & ASSOCIATES
214 Second Avenue North
Suite 103
Nashville, Tennessee 37201
Attorney for Defendant/Appellee
Judge:CANTRELL
First Paragraph:
Two years after divorce, the wife filed a petition for an increase in
child support. The husband responded with a petition to reduce
alimony. After hearing, the trial court did both. We affirm the
reduction in alimony, but we agree with the wife that in light of the
increase in the husband's income, the amount of additional child
support ordered by the trial court was not sufficient to comply with
the guidelines.
URL:http://www.tba.org/tba_files/TCA/smithsa_opn.WP6
STATE OF TENNESSEE
vs.
BARRY JORDAN
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
G. STEPHEN DAVIS JOHN KNOX WALKUP
District Public Defender Attorney General & Reporter
208 N. Mill Avenue
P.O. Box 742 CLINTON J. MORGAN
Dyersburg, TN 38025-0742 Assistant Attorney General
2nd Floor, Cordell Hull Building
425 Fifth Avenue North
Nashville, TN 37243
C. PHILLIP BIVENS
District Attorney General
P.O. Drawer E
Dyersburg, TN 38024
Judge:WOODALL
First Paragraph:
The Defendant, Barry Jordan, appeals as of right pursuant to Rule 3 of
the Tennessee Rules of Appellate Procedure. Following a jury trial in
the Circuit Court of Dyer County, the Defendant was found guilty of
voluntary manslaughter and was sentenced to five (5) years in prison
as a Range I standard offender. In his sole issue on appeal,
Defendant argues that the sentence imposed by the trial court was
excessive. We affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/jordanb_opn.WP6
ANTHONY L. WASHINGTON
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
GERALD SKAHAN JOHN KNOX WALKUP
140 North Third Street Attorney General & Reporter
Memphis, TN 38103
KENNETH W. RUCKER
Assistant Attorney General
2nd Floor, Cordell Hull Building
425 Fifth Avenue North
Nashville, TN 37243
JOHN W. PIEROTTI
District Attorney General
JANET SHIPMAN
Asst District Attorney General
201 Poplar Street, Suite 301
Memphis, TN 38103
Judge:WOODALL
First Paragraph:
Petitioner, Anthony Washington, appeals the trial court's denial of
his petition for post-conviction relief. Petitioner was charged with
the crimes of first degree murder, theft, aggravated robbery (four
counts) and especially aggravated robbery (two counts). He pled
guilty in October 1995. Petitioner was sentenced to life imprisonment
on the first degree murder charge, four (4) years incarceration on the
theft charge, four (4) sentences of twelve (12) years incarceration on
the aggravated robbery charges, and two (2) sentences of twenty-five
(25) years incarceration for each especially aggravated robbery
conviction, with all sentences to run concurrently. Petitioner only
challenges the conviction for first degree murder. He argues that he
was denied his Sixth Amendment right to the effective assistance of
counsel. We affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/wshngtna_opn.WP6
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