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
- 16-New Opinons From TCA
- 00-New Opinons From TCCA
There are three ways to get the full opinion from the Web: (TBALink members only)
TBALink Chief Editor
FRANKLIN THOMAS BURNS vs. BERNICE A. BURNS Court:TCA Attorneys: CHRISTINE E. ZELLAR 218 South Second Street, Suite A Clarksville, Tennessee 37040 ATTORNEY FOR RESPONDENT/APPELLANT EDWARD ROBERTSON PO Box 871 Clarksville, Tennessee 37041-0871 ATTORNEY FOR PETITIONER/APPELLEE Judge: BUSSART First Paragraph: This is an appeal by respondent/appellant, Bernice A. Burns ("Wife"), from the order of the trial court granting Wife and petitioner/appellee, Franklin Thomas Burns ("Husband"), a divorce, dividing the marital property, and granting temporary alimony. Wife complains the court erred when it divided the parties' property and awarded Wife $400.00 alimony per month for six months. URL:http://www.tba.org/tba_files/TCA/burnsf_opn.WP6 CRT, CUSTOM PRODUCTS, INC. vs. ROBERT O. BENNETT Court:TCA Attorneys: For the Plaintiff/Appellant: For the Defendant/Appellee: William B. Bradley John S. Anderson Brentwood, Tennessee Rogersville, Tennessee Judge:KOCH First Paragraph: This appeal involves a dispute arising out of an oral contract to manufacture compact disks and audio cassettes. The manufacturer filed suit against the purchaser in the Chancery Court for Davidson County seeking payment for undelivered disks and cassettes that were still being held by the manufacturer. The trial court heard the case without a jury and involuntarily dismissed the producer's complaint at the close of its case-in-chief. On this appeal, the manufacturer takes issue with the exclusion of evidence concerning the parties' later credit agreement and with the evidentiary foundation for the trial court's findings concerning the terms of their contract. We have concluded that the trial court overlooked the uncontradicted evidence that the parties modified their original agreement and accordingly vacate the judgment. URL:http://www.tba.org/tba_files/TCA/crtcust_opn.WP6 Juaneese Crumley and Jackie Perdue, vs. H. R. Perdue, Respondent/Appellant, Launita Perdue Greene, Intervenor/Appellant. Court:TCA Attorneys: THOMAS W. HARDIN Hardin & Parkes 102 West Seventh Street Post Office Box 692 Columbia, Tennessee 38402-0692 ATTORNEY FOR INTERVENOR/APPELLANT WILLIAM S. FLEMING 207 West 8th Street P. O. Box 90 Columbia, Tennessee 38402-0090 ATTORNEY FOR PETITIONERS/APPELLEES L. ROBERT GREFSENG 710 North Main Street P. O. Box 8111 Columbia, Tennessee 38402-8111 Judge: LEWIS First Paragraph: This is an appeal by intervenor/appellant, Launita Perdue Greene, from an order of the chancery court appointing her and petitioners/appellees, Juaneese Crumley and Jackie Perdue, as Mr. Perdue's personal coconservators and First Farmers & Merchants National Bank ("Farmers") as Mr. Perdue's financial conservator. URL:http://www.tba.org/tba_files/TCA/crumleyj_opn.WP6 JOHN C. CURRY and JIMMY TATE vs. STATE OF TENNESSEE Court:TCA Attorneys: PHILLIP L. DAVIDSON Suite 107 2400 Crestmoor Road Nashville, Tennessee 37215 Attorney for Petitioners/Appellants JOHN KNOX WALKUP Attorney General and Reporter MICHAEL E. MOORE Solicitor General MICHAEL W. CATALANO Associate Solicitor General 425 5th Avenue North Nashville, Tennessee 37243-0497 Attorney for Respondent/Appellee Judge: CANTRELL First Paragraph: Two former employees of the Public Service Commission (PSC) filed claims with the Claims Commission, alleging that they had been wrongfully terminated from their positions with the PSC. The Claims Commission dismissed the claims for lack of jurisdiction. The plaintiffs appealed to this court under Rule 12, Tenn. R. App. P. We affirm the Claims Commission. URL:http://www.tba.org/tba_files/TCA/curryjc_opn.WP6 DONALD D'AMICO vs. JAMES DAVENPORT, COMMISSIONER, Tennessee Department of Employment Security, and JOHNSON CONTROLS, INC., Court:TCA Attorneys: Connie Westbrook of Memphis For Appellant John Knox Walkup, Attorney General And Reporter; Douglas Earl Dimond, Assistant Attorney General Respondents-Appellees For James Davenport Paul E. Prather, Steven W. Likens; Kiesewetter Wise Kaplan Schwimmer & Prather, PLC of Memphis For Johnson Controls, Inc. Judge:CRAWFORD First Paragraph: This appeal involves the denial of unemployment compensation benefits. Mr. Donald D'Amico appeals the decree of the chancery court affirming the denial of benefits by the Board of Review of the Tennessee Department of Employment Security (TDES). URL:http://www.tba.org/tba_files/TCA/damicod_opn.WP6 ENGENIUS ENTERTAINMENT, INC. and PENCZNER PRODUCTIONS, INC. vs. W. W. HERENTON, in his official capacity, the CITY OF MEMPHIS, TENNESSEE, JIM ROUT, in his official capacity, and SHELBY COUNTY TENNESSEE Court:TCA Attorneys: Mary l. Wolff, Thomas J. Walsh, Douglas A. Black, WOLFF ARDIS, P.C., Memphis, Tennessee Attorneys for Plaintiffs/Appellants. Monice Hagler Tate, City Attorney Patti C. Bowlan, Assistant City Attorney Attorneys for Defendants/Appellees W. W. Herenton and the City of Memphis, Tennessee. Donnie E. Wilson, Shelby County Attorney Robert B. Rolwing, Assistant County Attorney Attorneys for Defendants/Appellees Jim Rout and Shelby County, Tennessee. Judge:FARMER First Paragraph: Plaintiffs EnGenius Entertainment, Inc., and Penczner Productions, Inc. (collectively, "EnGenius"), appeal the trial court's order which dismissed their complaint against Defendants/ Appellees W. W. Herenton, the City of Memphis, Jim Rout, and Shelby County. We reverse in part the trial court's judgment based on our conclusion that EnGenius's complaint, when construed liberally in favor of EnGenius, states claims against the Defendants for breach of implied contract and promissory estoppel. URL:http://www.tba.org/tba_files/TCA/engenei_opn.WP6 PAUL FARNSWORTH a/k/a RONNIE BRADFIELD, vs. RICHARD KENYA, et al, Court:TCA Judge:FARMER First Paragraph: The plaintiff, Paul Farnsworth a/k/a Ronnie Bradfield, sued defendants Richard Kenya, Stephen Dotson and two John Doe defendants. The complaint alleges that Plaintiff is an inmate at the Lake County Regional Correctional Facility (LCRCF), Richard Kenyon is identified as an employee and Stephen Dotson as the associate warden at LCRCF. The complaint alleges that Plaintiff was given permission to marry while incarcerated, wedding plans were formulated but, within less than 24 hours prior to the wedding, he was advised that the wedding was cancelled. URL:http://www.tba.org/tba_files/TCA/farnswop_ord.WP6 VERA MAUREEN HIGGS vs. GALE LYNN HIGGS Court:TCA Attorneys: Rebecca E. Byrd, #15394 306 Court Square Franklin, TN 37064 ATTORNEY FOR PLAINTIFF/APPELLEE Edmund Covington Johnston, Jr. Attorney at Law 136 Fourth Avenue South P.O. Box 1608 Franklin, TN 37065-1608 ATTORNEY FOR DEFENDANT/APPELLANT Judge:TODD First Paragraph: Each of the captioned parties filed a notice of appeal from a judgment of the Trial Court awarding to the plaintiff-wife a divorce on grounds of adultery and inappropriate marital conduct. URL:http://www.tba.org/tba_files/TCA/higgsv_opn.WP6 INTERNATIONAL SUPPLY CO., INC., and LAURIE MEADOR, vs. THE WARNER GROUP LTD. Court:TCA Attorneys: WILLIAM H. LASSITER, JR. CHRISTOPHER M. MINTON 213 Fifth Avenue North Nashville, Tennessee 37219 Attorneys for Plaintiffs/Appellants GLENN B. ROSE 1800 First American Center 315 Deaderick Street Nashville, Tennessee 37238 Attorney for Defendant/Appellee Judge: CANTRELL First Paragraph: This appeal involves a question of personal jurisdiction over a non-resident corporation. The Chancery Court of Sumner County dismissed the complaint. We affirm. URL:http://www.tba.org/tba_files/TCA/internsc_opn.WP6 ROBERT T. IRVIN vs. THE PLASMA CENTER Court:TCA Attorneys: Robert T. Irvin, Pro Se John T. Horton, BREWER, KRAUSE, BROOKS & MILLS, Nashville, for Defendants/Appellees. Judge:FARMER First Paragraph: Robert T. Irvin sued the defendants for refusal to continue to accept his donation of plasma to The Plasma Center. Defendants filed a motion for summary judgment. The trial court entered an order stating that the complaint failed to state a cause of action and, that if Mr. Irvin's cause of action lies in medical malpractice, he failed to meet his requisite burden in responding to the defendants' motion for summary judgment. The motion for summary judgment was granted and Mr. Irvin appeals. URL:http://www.tba.org/tba_files/TCA/irvinrt_opn.WP6 DAN LOMAX, d/b/a COMMERCIAL CLEANING CONTRACTORS vs. JACKSON-MADISON COUNTY GENERAL HOSPITAL DISTRICT Court:TCA Attorneys: GREGORY D. JORDAN JEFFERY G. FOSTER RAINEY, KIZER, BUTLER, REVIERE & BELL, P.L.C. Jackson, Tennessee Attorneys for Appellant EDWIN C. TOWNSEND TOWNSEND AND TOWNSEND, ATTORNEYS Parsons, Tennessee Attorney for Appellee Judge:HIGHERS First Paragraph: In this breach of contract action, Defendant Jackson-Madison County General Hospital District (Hospital) appeals the trial court's order awarding a judgment of $35,390 to Plaintiff/Appellee Dan Lomax, d/b/a Commercial Cleaning Contracts. For the reasons stated hereinafter, we reverse the trial court's judgment and render a judgment in favor of the Hospital. URL:http://www.tba.org/tba_files/TCA/lomaxd_opn.WP6 CITY OF MEMPHIS vs. THE CIVIL SERVICE COMMISSION OF THE CITY OF MEMPHIS and STANLEY SHOTWELL Court:TCA Attorneys: For the Plaintiff/Appellee: For the Defendants/Appellants: Monice Moore Hagler Samuel Morris Ronald G. Wyatt Timothy Taylor Memphis, Tennessee Memphis, Tennessee Judge: LILLARD First Paragraph: This case involves a chancery court review of a decision by a civil service commission. The commission had ordered the reinstatement of a police officer. The chancery court reversed the commission's decision, upholding the termination of the officer's employment. We affirm the decision of the chancery court. URL:http://www.tba.org/tba_files/TCA/mfsshotw_opn.WP6 MAXINE NELSON vs. PACESETTER CORPORATION Court:TCA Attorneys: James L. Harris 2400 Crestmoor Rd. Nashville, TN 37215 ATTORNEY FOR PLAINTIFF/APPELLANT John R. Tarpley Susan R. High-McAuley Lewis, King, Krieg, Waldrop & Catron, P.C. SunTrust Center 424 Church Street, Suite 900 P. O. Box 198615 Nashville, TN 37219 ATTORNEYS FOR DEFENDANT/APPELLEE Judge: INMAN First Paragraph: This is a suit for damages for an alleged retaliatory discharge brought pursuant to Tenn. Code Ann. S 50-1-304. As winnowed, the plaintiff alleges that she was discharged because she refused to participate in gambling activities which were illegal under Tenn. Code Ann. S 39-17-501. URL:http://www.tba.org/tba_files/TCA/nelsonm_opn.WP6 PRISM PARTNERS, L.P. vs. MICHAEL D. FIGLIO vs. PRISM PARTNERS, L.P. LARRY CHERRY, Court:TCA Attorneys: STEVE NORTH MARK NORTH Madison, Tennessee Attorneys for Appellant EDMUND W. TURNLEY, III Nashville, Tennessee Attorney for Appellant RICHARD M. SMITH MANIER, HEROD, HOLLABAUGH & SMITH Nashville, Tennessee Attorney for Plaintiff/Appellee, Prism Partners, L.P. W. LEE CORBETT DAVID F. LEWIS CORBETT, CROCKETT & LECKRONE Nashville, Tennessee Attorneys for Third-Party Defendant/Appellee, Larry Cherry Judge:HIGHERS First Paragraph: In this unlawful detainer action, Defendant Michael D. Figlio appeals the trial court's final judgment which held that Plaintiff/Appellee Prism Partners, L.P., had free and clear title to the subject property, ordered Figlio to vacate the subject property, and dismissed Figlio's counterclaim for conspiracy. The trial court's judgment also dismissed Figlio's third-party complaint for fraud and conspiracy against Third-Party Defendant/Appellee Larry Cherry. For the reasons hereinafter stated, we affirm in part and reverse in part the trial court's judgment, and we remand for further proceedings. URL:http://www.tba.org/tba_files/TCA/prism_opn.WP6 JOHN BURTON TIGRETT vs. UNION PLANTERS NATIONAL BANK Court:TCA Attorneys: Richard Glassman, James F. Horner; Glassman, Jeter, Edwards & Wade of Memphis For Appellant Mark Vorder-Bruegge, Jr.; Wyatt, Tarrant & Combs of Memphis For Appellee Judge:CRAWFORD First Paragraph: Plaintiff, John Burton Tigrett, appeals from the trial court's order dismissing plaintiff's complaint against defendant, Union Planters National Bank. URL:http://www.tba.org/tba_files/TCA/tigrettj_opn.WP6 JAMES C. TOMLINSON and CHARLES F. McKELVEY vs. EDNA J. KELLEY and JEANETTE M. COKE Court:TCA Attorneys: For the Plaintiffs/Appellants: For the Defendants/Appellees: Jimmy A. Duncan Lawrence D. Wilson Nashville, Tennessee Nashville, Tennessee G. Kline Preston, IV Nashville, Tennessee Judge: KOCH First Paragraph: This appeal involves a controversy surrounding the appointment of a local city official. The mayor and the city manager of the City of Berry Hill filed a defamation action in the Circuit Court for Davidson County against two city residents who publicly questioned the circumstances surrounding the interim appointment of a member of the Board of Commissioners. The trial court granted the residents' motion for summary judgment and dismissed the city officials' complaint. On this appeal, the city officials assert that the trial court should not have granted the summary judgment because the record contains evidence that the residents knew or should have known that their critical statements made to a local newspaper were false. We affirm the trial court. URL:http://www.tba.org/tba_files/TCA/tomlinjc_opn.WP6
Feel free to forward this Opinion-Flash on to any attorney you know of with an internet address, who is not a TBALink member. To Join TBALink - Http://www.tba.org/join.html/
Would you like to receive the TBALink Opinion-Flash each day via e-mail?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE
3) Leave the body of the message blank
Non TBA members are WELCOME to subscribe...it's free!!
Would you like to STOP receiving the TBALink Opinion-Flash?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: UNSUBSCRIBE
3) Leave the body of the message blank