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TBALink Opinion-Flash
November 19, 1997 -- Volume #3 -- Number #121
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.
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- 03-New Opinons From TCCA
- 00-New Opinons From TSC
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WILLIAM JEFF BOYLE vs. VIRGINIA THOMAS Court:TCA Attorneys: For the Plaintiff/Appellee: For the Defendants/Appellants Robert A. McLean Kenneth R. Shuttleworth Thomas J. Walsh, Jr. Archie Sanders, III Memphis, Tennessee Memphis, Tennessee Judge: LILLARD First Paragraph: This is a dog bite case that was heard by an arbitrator. The trial court vacated the arbitration award on the basis that the arbitrator misapplied the law. Based on Arnold v. Morgan Keegan & Co., 914 S.W.2d 445 (Tenn. 1996), we reverse. URL:http://www.tba.org/tba_files/TCA/boylewj_opn.WP6
SUSIE BUCHANAN
vs.
MEMPHIS LIGHT, GAS & WATER
DIVISION
Court:TCA
Attorneys:
For the Plaintiff/Appellee: For the Defendant/Appellant:
Brett B. Stein James F. Greer
Memphis, Tennessee Memphis, Tennessee
Judge: LILLARD
First Paragraph:
This case involves a de novo appeal from general sessions court to
circuit court. The plaintiff obtained a default judgment in general
sessions court. On appeal to circuit court, the defendant sought to
assert the applicable statute of limitations. The trial court ruled
that the defendant had waived the defense by failing to raise it in
the general sessions court. We reverse.
URL:http://www.tba.org/tba_files/TCA/buchanas_opn.WP6
LARRY CORDER
vs.
AUTRY GATEWOOD
Court:TCA
Judge:LILLARD
First Paragraph:
In this case, Plaintiff/Appellant, Larry Corder, has appealed from the
judgment of the Trial Court dismissing his suit against the defendant,
Autry Gatewood. In its order of September 16, 1996, the trial court
entered judgment in favor of the Defendant/Counter-Plaintiff in the
amount of $762.25 in actual damages and $3,500.00 in punitive damages.
URL:http://www.tba.org/tba_files/TCA/corderl_opn.WP6
KITSIE LEE HENDRIX
vs.
JAMES S. COX & ASSOCIATES,
JAMES S. COX, RUSSELL FOWLER,
SCOTT F. MAY, and KENNETH
OWEN KING
Court:TCA
Attorneys:
For the Defendant/Appellee, For the Defendant/Appellee,
Kenneth Owen King: Scott F. May:
Alan R. Strain Scott F. May
Memphis, Tennessee Memphis, Tennessee
For the Defendants/Appellees, For the Plaintiff/Appellant:
James S. Cox & Associates,
James S. Cox
and Russell Fowler: Duncan E. Ragsdale
Memphis, Tennessee
Hal Gerber
Lewie R. Polk, III
Memphis, Tennessee
Judge: LILLARD
First Paragraph:
This is a malicious prosecution case. In the suit underlying the
malicious prosecution claim, the trial court ruled in a manner
favorable to the Appellees, and the trial court's ruling was reversed
on appeal by this Court. In the subsequent malicious prosecution
action, the trial court granted summary judgment in favor of the
Defendant/Appellees. Based on the trial court's ruling in the
underlying lawsuit, we find that the trial court in this case properly
granted summary judgment, and therefore affirm.
URL:http://www.tba.org/tba_files/TCA/hendrixk_opn.WP6
HARRIS HUGHES, JR.,
vs.
TENNESSEE SEEDS OF
BROWNSVILLE, INC., WATERFIELD
GRAIN CO., INC., LINDA FREEMAN,
in her capacity as Manager of
TENNESSEE SEEDS OF
BROWNSVILLE, INC., FMC
CORPORATION, and MILES
CORPORATION
Court:TCA
Attorneys:
Robert L. Green,
Darryl D. Gresham,
NEELY, GREEN, FARGARSON, BROOKE & SUMMERS, Memphis, Tennessee
Steven R. Walker, Memphis, Tennessee
Attorneys for Plaintiff/Appellant.
James M. Doran, Jr.,
E. Frances Coughlin,
MANIER, HEROD, HOLLABAUGH & SMITH
Attorneys for Defendants/Appellees Tennessee Seeds of Brownsville,
Inc., Waterfield Grain Co., Inc., and Linda Freeman.
Matthew J. Sweeney, III, Nashville, Tennessee
Lee Davis Thames, Jackson, Mississippi
Michael E. McWilliams, Jackson, Mississippi
Attorneys for Defendant/Appellee FMC Corporation.
Larry E. Killebrew,
Bradley E. Trammell,
BAKER, DONELSON, BEARMAN & CALDWELL, Memphis, Tennessee
Jack E. Urquhart,
John W. Ghezzi,
HOTLZMAN & URQUHART, P.C., Houston, Texas
Attorneys for Defendant/Appellee Miles, Inc.
Judge:FARMER
First Paragraph:
Plaintiff Harris Hughes, Jr., appeals the trial court's order entering
summary judgment in favor of Defendants/Appellees Tennessee Seeds of
Brownsville, Inc., Waterfield Grain Company, Linda Freeman (in her
capacity as manager of Tennessee Seeds), FMC Corporation, and Miles
Corporation. We reverse in part the trial court's judgment based on
our conclusion that the Federal Insecticide, Fungicide and Rodenticide
Act (FIFRA) does not preempt all of Hughes' state-law claims against
the Defendants.
URL:http://www.tba.org/tba_files/TCA/hughesha_opn.WP6
MONTEE H. CARRUTHERS JOHNSON,
vs.
NATHAN JOHNSON
Court:TCA
Attorneys:
For the Plaintiff/Appellant: For the Defendant/Appellee:
James V. Ball Arthur Mayhall
Memphis, Tennessee Harry Scruggs, Jr.
Memphis, Tennessee
Judge: LILLARD
First Paragraph:
This is a divorce case involving an Illinois decree. An Illinois
court granted a divorce to the husband and awarded the marital
residence in Tennessee to the husband. The Tennessee trial court
enforced the Illinois court's award of property, and the wife appeals.
Because the Illinois court did not have personal jurisdiction over
the wife, we reverse and remand.
URL:http://www.tba.org/tba_files/TCA/johnsmc_opn.WP6
CITY OF MEMPHIS
vs.
CIVIL SERVICE COMMISSION OF
THE CITY OF MEMPHIS, AND
DAVID LOCASTRO
Court:TCA
Attorneys:
For the Plaintiff/Appellee: For the Defendant/Appellant,
David Locastro:
Monice Moore Hagler William D. Massey
Alicia A. Howard Memphis, Tennessee
Memphis, Tennessee
Judge: LILLARD
First Paragraph:
This case involves the review of a decision by the City of Memphis
Civil Service Commission. A firefighter was terminated for conduct
unbecoming a firefighter. The Civil Service Commission reinstated the
employee, and the trial court reversed that decision. We find that
the decision of the Civil Service Commission was not arbitrary or
capricious and was supported by substantial and material evidence.
Consequently, we reverse the decision of the trial court.
URL:http://www.tba.org/tba_files/TCA/mfslocas_opn.WP6
MISSISSIPPI FARM BUREAU
MUTUAL INSURANCE COMPANY,
vs.
LATONIA SCRUGGS JONES and
THOMAS JONES
Court:TCA
Attorneys:
For the Plaintiff/Appellee: For the Defendants/Appellants:
Melanie M. Shuttleworth Phil Zerilla, Jr.
Memphis, Tennessee Memphis, Tennessee
Judge: LILLARD
First Paragraph:
In this case, an insurance company sought declaratory judgment on the
issue of whether the language in the insurance policy automatically
increased the policy's coverage limits to those required by
Tennessee's Financial Responsibility Law, absent certification of the
policy. The trial court ruled that it did not. We affirm.
URL:http://www.tba.org/tba_files/TCA/msfarmbu_opn.WP6
BRENDA PRATT
vs.
SMART CORPORATION
Court:TCA
Attorneys:
For Appellant For Appellee
DONALD K. VOWELL DAN D. RHEA
ROBERT R. CARL II Arnett, Draper & Hagood
Vowell & Carl Knoxville, Tennessee
Knoxville, Tennessee
JAMES H. HICKMAN III
Knoxville, Tennessee
THOMAS A. SNAPP
Ayres & Parkey
Knoxville, Tennessee
Judge:Susano
First Paragraph:
The plaintiff, Brenda Pratt ("Pratt"), filed suit to recover a portion
of the payment made by her to the defendant, Smart Corporation
("Smart"), for copies of her medical records. The trial court granted
Smart's motion for summary judgment, concluding that the relevant
statute does not permit a "recovery for this plaintiff against this
defendant." Pratt appealed.
URL:http://www.tba.org/tba_files/TCA/prattb_opn.WP6
ALOMA ROBIN RANDOLPH
vs.
TIMOTHY CHARLES RANDOLPH
Court:TCA
Attorneys:
For Appellant For Appellee
EDWARD KERSHAW ROGER A. WOOLSEY
Leonard & Kershaw Woolsey & Woolsey
Greeneville, Tennessee Greeneville, Tennessee
Judge:Susano
First Paragraph:
Following a bench trial, the court below modified the parties'
judgment of divorce by changing the custody of their minor child,
Brandon Charles Randolph (DOB: February 19, 1990), from Aloma Robin
Randolph ("Mother") to Timothy Charles Randolph ("Father"). Mother
appealed, arguing that the trial court erred in finding that a
material change in circumstances had occurred since the divorce.
URL:http://www.tba.org/tba_files/TCA/randphar_opn.WP6
KENNETH R. RUDSTROM,
EXECUTOR OF THE ESTATE OF
FRANK E. MUSTIN, Deceased
vs.
RONALD S. TERRY, Individually and
d/b/a RONALD S. TERRY
CONSTRUCTION CO., INC.
Court:TCA
Attorneys:
For the Appellant: For the Appellee:
S. Newton Anderson Rex L. Brasher, Jr.
Memphis, Tennessee Memphis, Tennessee
Judge: LILLARD
First Paragraph:
This case involves a claim against an estate for money allegedly
loaned to the decedent while he was alive. The trial court found the
evidence sufficient to establish that the check written to the
decedent was a loan, not payment on a debt. We affirm.
URL:http://www.tba.org/tba_files/TCA/rudstrok_opn.WP6
WALTER D. WILLS, III
vs.
RAY B. GILL, III
Court:TCA
Attorneys:
For the Plaintiff/Appellant: For the Defendant/Appellee:
Mark D. Griffin James W. Surprise
Memphis, Tennessee Memphis, Tennessee
Judge: LILLARD
First Paragraph:
This is an arbitration case. The appellant argues that the
arbitrator's award should have been vacated because it was handed down
long after the time period for rendering a decision set forth in the
arbitration agreement. Because this issue was not raised before the
trial court, we affirm.
URL:http://www.tba.org/tba_files/TCA/willswd_opn.WP6
STATE OF TENNESSEE
vs.
CARLOS COMAN
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Jan R. Patterson John Knox Walkup
Attorney at Law Attorney General & Reporter
225 West Baltimore, Suite B 500 Charlotte Avenue
Jackson, TN 38301 Nashville, TN 37243-0497
Kenneth W. Rucker
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-4351
James G. Woodall
District Attorney General
P.O. Box 2825
Jackson, TN 38302-2825
James W. Thompson
Assistant District Attorney General
P.O. Box 2825
Jackson, TN 38302-2825
Christopher J. Schultz
Assistant District Attorney General
P.O. Box 2825
Jackson, TN 38302-2825
Judge:Jones
First Paragraph:
The appellant, Carlos Coman (defendant), was convicted of second
degree murder, a Class A felony, by a jury of his peers. The trial
court, finding the defendant to be a standard offender, imposed a
Range I sentence consisting of confinement for twenty (20) years in
the Department of Correction. In this court, the defendant presents
five issues for review. He contends the evidence is insufficient to
support his conviction. He also contends the trial court committed
error of prejudicial dimensions by denying his motion to suppress the
statement he gave to the police, excluding the terms of the victim's
plea bargain agreement prior to his murder, failing to give an
instruction on identification, and imposing an excessive sentence.
After a thorough review of the record, the briefs submitted by the
parties, and the law governing these issues, it is the opinion of this
court that the judgment of the trial court should be affirmed.
URL:http://www.tba.org/tba_files/TCCA/comanc_opn.WP6
STATE OF TENNESSEE
vs.
DAVID SCOTT MOSS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
WILLIAM DAN DOUGLAS, JR. JOHN KNOX WALKUP
109 North Main Attorney General & Reporter
Ripley, TN 38063
CLINTON J. MORGAN
Assistant Attorney General
2nd Floor, Cordell Hull Building
425 Fifth Avenue North
Nashville, TN 37243
ELIZABETH T. RICE
District Attorney General
MARK DAVIDSON
Assistant District Attorney General
302 Market Street
P.O. Box 562
Somerville, TN 38068
Judge: WOODALL
First Paragraph:
The Defendant, David Scott Moss, appeals as of right from his
conviction of driving under the influence of an intoxicant (DUI)
following a non jury trial in the Circuit Court of Lauderdale County.
In his sole issue on appeal, the Defendant argues that the evidence
was insufficient to sustain the conviction. We affirm the judgment of
the trial court.
URL:http://www.tba.org/tba_files/TCCA/mossds_opn.WP6
STATE OF TENNESSEE,
vs.
MICHAEL T. WARE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
A. C. WHARTON JOHN KNOX WALKUP
Public Defender Attorney General and Reporter
WALKER GWINN GEORGIA BLYTHE FELNER
Assistant Public Defender Assistant Attorney General
201 Poplar, Suite -01 425 5th Avenue North
Memphis, TN 38103 Nashville, TN 37243
JOHN W. PIEROTTI
District Attorney General
AMY WEIRICH
Assistant District Attorney General
Criminal Justice Complex, Suite 301
201 Poplar Street
Memphis, TN 38103
Judge: WELLES
First Paragraph:
The Defendant, Michael T. Ware, was convicted by a Shelby County jury
of one count of felony murder. He was sentenced to life imprisonment.
He appeals his conviction raising one issue: That the evidence was
legally insufficient to support the verdict of guilt. As subparts to
this issue, he asserts that the conviction was based on accomplice
testimony without sufficient corroboration and that the testimony of
the accomplice was essentially "bought" by the prosecution and
violative of his due process rights. We affirm the judgment of the
trial court.
URL:http://www.tba.org/tba_files/TCCA/waremt_opn.WP6
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