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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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 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 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 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 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 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 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 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 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 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 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 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 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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