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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- 00-New Opinons From TSC-Rules
- 00-New Opinons From TSC-Workers Comp Panel
- 12-New Opinons From TCA
- 03-New Opinons From TCCA
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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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