TBALink Opinion-Flash

December 15, 1997 -- Volume #3 -- Number #132

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):
00-New Opinons From TSC
00-New Opinons From TSC-Rules
00-New Opinons From TSC-Workers Comp Panel
10-New Opinons From TCA
04-New Opinons From TCCA

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George Dean
TBALink Chief Editor


ABC SUPPLY COMPANY, INC.
vs.
UNITED STATES FIDELITY AND 	
GUARANTY COMPANY; CHARLES	
& VINZANT CONSTRUCTION CO.,	
INC.; CAP-TENN ASSOCIATES; ACI 	
BUILDERS, INC. a/k/a ACI ROOFING,	
INC.; ADAM KEITH CHUNN; AND 	
ALBERT NELSON CHUNN

Court:TCA

Attorneys:

Everett L. Hixson, Jr.					R. E. Lee Davies
Phillip E. Fleenor						HARTZOG, SILVA & DAVIES
Robert T. Witthauer						Fifth Avenue, No. & Fair St.
SHUMACKER & THOMPSON					P.O. Box 664
Suite 500, First TN Building			Franklin, TN 37065-0664
701 Market Street
Chattanooga, TN 37402-4800
ATTORNEYS FOR PLAINTIFF/APPELLANT

John C. Beiter							Luther Wright, Jr.
NEAL & HARWELL							BOULT, CUMMINGS, CONNERS &    
2000 First Union Tower					BERRY
150 Fourth Avenue, North				414 Union Street, Suite 1600
Nashville, TN 37219-2498				P.O. Box 198062
ATTORNEYS FOR DEFENDANTS/				Nashville, TN 37219-8062
APPELLEES
                         
Judge:TODD

First Paragraph:

The captioned plaintiff, ABC Supply Co., Inc., (hereafter ABC) has
appealed from the summary dismissal of some of the captioned
defendants.

URL:http://www.tba.org/tba_files/TCA/abcsuppl_opn.WP6
Opinion-Flash

LARRY S. BRUMIT
vs.
JAMES ALBERT SUMMAR

Court:TCA

Attorneys: 

LARRY S. BRUMIT
Northeast Correction Center, Unit 9 
P. O. Box 5000
Mountain City, Tennessee 37683-5000
	Pro Se/Plaintiff/Appellant

JAMES ALBERT SUMMAR
502 Winfrey Drive
Murfreesboro, Tennessee 37130
	Pro Se/Defendant/Appellee
                         
Judge:CANTRELL

First Paragraph:

A man convicted of two counts of first degree murder filed a civil
complaint against the father of one of the victims, alleging that the
defendant had tampered with the jury that convicted him.  The circuit
court dismissed the complaint. We affirm the dismissal.

URL:http://www.tba.org/tba_files/TCA/brumitla_opn.WP6
Opinion-Flash

LARRY S. BRUMIT
vs.
RUSSELL N. PERKINS

Court:TCA

Attorneys:

Larry S. Brumit
N.E.C.C. Unit 9
P.O. Box 5000
Mountain City, TN 37683-5000
PRO SE FOR PLAINTIFF/APPELLANT

Heather C. Ross
425 Fifth Avenue No.
Cordell Hull Bldg., Second Floor
Nashville, TN 37243-0488
ATTORNEY FOR DEFENDANT/APPELLEE
                          
Judge:TODD

First Paragraph:

The captioned plaintiff has appealed from the judgment of the Trial
Court dismissing his suit against the captioned defendant for failure
to state a claim for which relief can be granted.

URL:http://www.tba.org/tba_files/TCA/brumitls_opn.WP6
Opinion-Flash

WILLIAM B. DEMONTBREUN
vs.
KATHY JO MITCHELL DEMONTBREUN

Court:TCA

Attorneys:

For the Plaintiff/Appellant:		For the Defendant/Appellee:

Nicholas D. Hare					Wayne Detring
Nashville, Tennessee				Hendersonville, Tennessee
                          
Judge:KOCH

First Paragraph:

This appeal focuses on the financial aspects of the dissolution of a
short term marriage.  After approximately four years of marriage, the
husband filed for divorce in the Sumner County General Sessions Court.
 Less than one week later, the wife filed for divorce in the Chancery
Court for Sumner County.  The parties agreed to consolidate the cases
in the general sessions court, and following a bench trial, the court
declared the parties divorced, divided the marital property and debts,
awarded the wife $1,500 in alimony, and directed the husband to pay
the wife $2,500 for her legal expenses.  Both parties take issue with
the judgment.  The husband asserts that the general sessions courtŐs
calculation of his debts to the wife is incorrect.  The wife takes
issue with the resolution of marital fault, the division of marital
property, and the amount of the rehabilitative alimony award.  While
the calculation of the husbandŐs debt to the wife must be modified, we
affirm the remainder of the judgment.

URL:http://www.tba.org/tba_files/TCA/demontwb_opn.WP6
Opinion-Flash

RONALD LEWIS MAYNORD and	
BRENDA GAIL MAYNORD, 		
INDIVIDUALLY, AS NEXT OF KIN	
OF AMY MAYNORD, DECEASED,	
AND IN THEIR REPRESENTATIVE	
CAPACITY AS CO-ADMINISTRATORS
OF THE ESTATE OF AMY MAYNORD 
vs.
LARRY NORRIS and JOYCE ANN	
NORRIS, JOINTLY AND 			
INDIVIDUALLY, and d/b/a LARRYŐS	
FULL SERVICE

Court:TCA

Attorneys:

JON E. JONES
LAW OFFICE OF JON E. JONES
Cookeville, Tennessee
Attorney for Appellants

ONNIE L. WINEBARGER
Byrdstown, Tennessee
Attorney for Appellees

JOHN HUBERT LITTLE
Livingston, Tennessee
Attorney for Appellees
                          
Judge:HIGHERS

First Paragraph:

Defendants Larry Norris and Joyce Ann Norris appeal from the notice of
voluntary dismissal filed by Plaintiffs/Appellees Ronald Lewis Maynord
and Brenda Gail Maynord.  We dismiss this appeal based on the
NorrisesŐ concession that no final judgment has yet been entered by
the trial court from which the Norrises can appeal.

URL:http://www.tba.org/tba_files/TCA/maynordr_opn.WP6
Opinion-Flash

CHARLES MULLE, JR.
vs.
KATHY REESE MULLE YOUNT

Court:TCA

Attorneys:

PEGGY D. MATHES
EDWARD L. HILAND
214 Second Avenue North, Suite 105
Nashville, Tennessee 37201
	Attorneys for Petitioner/Appellee

J. RUSSELL HELDMAN
320 Main Street, Suite 101
Franklin, Tennessee 37064

ROBERT L. JACKSON
One Washington Square
214 Second Avenue, North, Suite 103
Nashville, Tennessee 37201
	Attorneys for Respondent/Appellant                          

Judge:CANTRELL

First Paragraph:

In this custody and visitation case, the trial court modified the
fatherŐs visitation schedule, and found the mother to be in contempt
of its prior orders.  The mother argues on appeal that since Tennessee
has not been the home state of the minor child since 1988, the
Tennessee courts no longer have jurisdiction over matters involving
him.  We disagree, and we affirm the trial court.

URL:http://www.tba.org/tba_files/TCA/mullec_opn.WP6
Opinion-Flash

BRIDGET C. RASMUSSEN
vs.
LEIF C. RASMUSSEN

Court:TCA

Attorneys:

Kevin C. Kennedy, #010793
127 South Third Street
Clarksville, TN 37040
ATTORNEY FOR PLAINTIFF/APPELLANT

Gary J. Hodges, #1605
115 South Third Street
P.O. Box 645
Clarksville, TN 37041-0645
ATTORNEY FOR DEFENDANT/APPELLEE
                          
Judge:TODD

First Paragraph:

On November 26, 1996, the plaintiff, Bridget C. Rasmussen filed a
notice of appeal from the judgment of this Court entered in this
action on the 4th and 7th day of November, 1996.  The order entered on
November 4, 1996, was entitled ŇFinal Decree of Divorce.Ó  The order
entered on November 7, 1996, stated that it was entered upon the
motion by the complainant and the petitions of  the defendant
regarding visitation of the complainant, Bridget C. Rasmussen.  The
resulting record was filed in this Court on February 3, 1997, under
No. 01A01-9701-CH-00045.

URL:http://www.tba.org/tba_files/TCA/rasmusbc_opn.WP6
URL:http://www.tba.org/tba_files/TCA/rasmusbn_dis.WP6
Opinion-Flash

ELSIE MARIE RICHARDSON and	
BRIDGET DENYSE RICHARDSON
vs.
JIMMIE LEE RICHARDSON

Court:TCA

Attorneys:

DONALD M. BULLOCH, JR.
FRANK M. FLY
BULLOCK, FLY & MCFARLIN
301 North Spring Street
P. O. Box 398
Murfreesboro, TN 37133-0398
	Attorneys for Plaintiffs/Appellants

C. KELLY WILSON
WILSON & WILSON
200 East Depot Street
Shelbyville, Tennessee 37160
	Attorney for Defendant/Appellee
                          
Judge:CANTRELL

First Paragraph:

This case encompasses three proceedings involving child support in the
Chancery Court of Bedford County, and the orders resulting from those
proceedings. The first order, issued in 1980, granted the wife a
divorce and gave her custody of the partiesŐ minor child.  The husband
was directed to pay $400 per month in child support.  One-half of that
amount was to be paid to the mother, and the other half was to be
deposited into a trust fund for the benefit of the child.

URL:http://www.tba.org/tba_files/TCA/richarem_opn.WP6
Opinion-Flash

DARRELL TURNER
vs.
BRIAN W. SKELLY

Court:TCA

Attorneys:

NEWTON S. HOLIDAY, BPR #12990
208 Third Avenue, North
Fifth Floor
Nashville, TN 37201
ATTORNEY FOR PLAINTIFF/APPELLANT

C. L. ROGERS, BPR #4240
119 Court Square
Gallatin, TN 37066
ATTORNEY FOR DEFENDANT/APPELLEE
                          
Judge:TODD

First Paragraph:

The plaintiff, Darrell Turner, has appealed from a jury verdict and
judgment dismissing his suit against the defendant, Brian W. Skelly
for personal injuries sustained when the right rear view mirror of a
pick-up truck operated by defendant, Brian w. Skelly, struck
plaintiffŐs left elbow as he walked on the right edge of the road at
8:30 p.m. after dark.

URL:http://www.tba.org/tba_files/TCA/turnerd_opn.WP6
Opinion-Flash

DERRICK M. CAREY
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:			     FOR THE APPELLEE:


MARIAN C. FORDYCE				JOHN KNOX WALKUP
129 Second Ave., North			Attorney General & Reporter
Nashville, TN 37201
								DARYL J. BRAND
								Asst. Attorney General
  								450 James Robertson Pkwy.								
  								Nashville, TN  37243-0493
				
								VICTOR S. JOHNSON, III
								District Attorney General

								KYMBERLY HAAS
								Asst. District Attorney General
								Washington Square, Suite 500
								222 Second Ave., North									
								Nashville, TN 37201
						                          
Judge:PEAY

First Paragraph:

The petitioner was charged with first-degree murder, felony murder,
especially aggravated robbery, and two counts of theft.  In September
1993, he pled guilty to felony murder and especially aggravated
robbery.  He received a sentence of life imprisonment for the felony
murder conviction and a consecutive twenty year sentence for the
remaining conviction.  On July 18, 1994, he filed a petition for post
conviction relief alleging that his plea was not entered freely and
voluntarily and that he was denied the effective assistance of
counsel.  Counsel was appointed for the petitioner and after some
time, the petitioner agreed to accept the aid of appointed counsel. 
Following an evidentiary hearing on March 20, 1996, the
post-conviction court dismissed his petition.  It is from this
dismissal that the petitioner now appeals.

URL:http://www.tba.org/tba_files/TCCA/careydm_opn.WP6
Opinion-Flash

STATE OF TENNESSEE	
vs.
GAYLE T. PARSONS, JR.

Court:TCCA

Attorneys:

For the Appellant				For the Appellee

Guy R. Dotson					Charles W. Burson
102 South Maple Street			Attorney General and Reporter
Murfreesboro, TN. 37130
								Eugene J. Honea
Joe M. Brandon, Jr.				Assistant Attorney General
304-D South Lowry Street		450 James Robertson Parkway
Smyrna, TN. 37167				Nashville, TN. 37243
							
								William C. Whitesell, Jr.
								District Attorney General
								303 Rutherford Co. Judicial Building
								Murfreesboro, TN. 37130

								John W. Price III
								Assistant District Attorney General
								303 Rutherford Co. Judicial Building
								Murfreesboro, TN. 37130																								
                          
Judge:BARKER

First Paragraph:

The appellant, Gayle T. Parsons, appeals as of right the convictions
and sentences he received in the Circuit Court of Rutherford County. 
In 1995, he was indicted by a grand jury on four counts of rape of a
child in violation of Tennessee Code Annotated section 39-13-522
(Supp. 1995).  After a trial by jury, the appellant was convicted on
two counts of rape of a child and was sentenced as a child rapist to
twenty two (22) years on each count.  The sentences were ordered to
run consecutive to each other for a total effective sentence of forty
four (44) years in the Tennessee Department of Correction.

URL:http://www.tba.org/tba_files/TCCA/parsongp_opn.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
WILLIAM EDWARD WATKINS	
and JONATHAN DAVIS

Court:TCCA

Attorneys:

FOR APPELLANT WATKINS:

SHARA ANN FLACY (at trial)
District Public Defender

WILLIAM C. BRIGHT (at trial)
209 W. Madison Street
P.O. Box 1208
Pulaski, TN 38478-1208

JOHN E. HERBISON (on appeal)
2016 Eighth Avenue South
Nashville, TN 37204

FOR APPELLANT DAVIS:

DICK CLARK (at trial)
3354 Perimeter Hill Drive, Suite 112
Nashville, TN 37211

GUY R. DOTSON (at trial)
102 S. Maple Street
Murfreesboro, TN 37130-3530

GARY M. HOWELL (on appeal)
P.O. Box 442
Columbia, TN 38402-0442

FOR THE APPELLEE:

JOHN KNOX WALKUP
Attorney General and Reporter

ELIZABETH B. MARNEY
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN  37243-0493

T. MICHAEL BOTTOMS
District Attorney General

ROBERT C. SANDERS
Assistant District Attorney General
10 Public Square
P.O. Box 1619
Columbia, TN  38402-1619
                          
Judge:RILEY

First Paragraph:

The defendants, William Edward Watkins and Jonathan Davis, appeal jury
convictions for one (1) count of attempted aggravated robbery and two
(2) counts of first degree felony murder.  Both defendants were
sentenced to life imprisonment for each count of felony murder and
three (3) years for the attempted aggravated robbery.  The trial court
ordered that the sentences run consecutively.

URL:http://www.tba.org/tba_files/TCCA/watkinwe_opn.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
SCOTTY WRIGHT

Court:TCCA

Attorneys:

For the Appellant:				For the Appellee:

David Neal Brady				John Knox Walkup
District Public Defender		Attorney General of Tennessee
     and						and				
H. Marshall Judd 				Janis L. Turner
Assistant Public Defender		Assistant Attorney General of TN 
215 215 Reagan Street			450 James Robertson Parkway		
Cookeville, TN 38501			Nashville, TN 37243-0493

								William Edward Gibson
								District Attorney General
									and
								Lillie Ann Sells
								Assistant District Attorney General
								145 South Jefferson Avenue
								Cookeville, TN 38501

                         
Judge:Tipton

First Paragraph:

The defendant, Scotty Wright, appeals as of right from the Putnam
County Criminal Court relative to sentences imposed upon him for two
offenses of the sale of over .5 grams of cocaine, Class B felonies. 
He received two eight-year concurrent sentences, with split
confinement ordered by which he was to serve one year in jail with the
balance suspended and then be placed on probation for eleven years. 
In this appeal, he complains about the one year of confinement that
was imposed.

URL:http://www.tba.org/tba_files/TCCA/wrights_opn.WP6

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