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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JULIE ANN BARNETT VS. STANLEY EARL BARNETT Court:TCA Attorneys: W. H. STEPHENSON, II, Nashville, Attorney for plaintiff. LOUISE R. FONTECCHIO, Nashville, Attorney for defendant. Judge:TOMLIN First Paragraph: Julie Ann Barnett ("mother") filed a petition in the Circuit Court of Davidson County against Stanley Barnett ("father") seeking to have custody of the parties' three minor children vested in her rather than father. Father filed a counter complaint alleging that mother was in contempt of court for violating earlier court orders regarding visitation and alienation of affections of the children. Following a hearing, the trial court denied the petition, finding that mother had failed to prove a material change of circumstances to justify change of custody. The trial court also denied father's petition to have mother cited for contempt of court. On appeal, mother raises the single issue of the trial court's denial of her petition to change custody. Father contends that the trial court was in error in not finding mother in contempt and in addition seeks to have mother's appeal declared to be frivolous. URL:http://www.tba.org/tba_files/TCA/barnetju_opn.WP6 LINDA BRAGG VS. METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY Court:TCA Attorneys: For the Defendant/Appellant: For the Plaintiff/Appellee: James L. Murphy, III Nancy K. Corley William Michael Safley V. Michael Fox Nashville, Tennessee Kelley A. Sauls Nashville, Tennessee Judge:LILLARD First Paragraph: This is a slip and fall case under the Governmental Tort Liability Act. The heel of the plaintiff's shoe caught in a hole as she descended the stairs of a government building, resulting in injuries. The trial court found the defendant to be 100% negligent and awarded damages to the plaintiff. The defendant appeals, contending that the hole in the steps was not a dangerous and defective condition or, in the alternative, that it was open and obvious. We affirm. URL:http://www.tba.org/tba_files/TCA/braggl_opn.WP6 JOSEPHINE BROWN, WHITFIELD BROWN, and EARLINE CULP vs. DR. KENNETH KUDSK and UT MEDICAL GROUP, INC. Court:TCA Attorneys: CURTIS D. JOHNSON, JR. JOHNSON & SETTLE Memphis, Tennessee Attorney for Appellant J. KIMBROUGH JOHNSON THOMASON, HENDRIX, HARVEY, JOHNSON & MITCHELL Memphis, Tennessee Attorney for Appellee Judge:HIGHERS First Paragraph: This is an appeal from a summary judgment in a medical malpractice case. The trial court entered an order of summary judgment on behalf of Defendant, Dr. Kenneth Kudsk ("Dr. Kudsk"). Plaintiffs, Josephine Brown ( "Brown"), Whitfield Brown, and Earline Culp, appeal the judgment citing, inter alia, errors in the trial court's granting of summary judgment when the Plaintiffs' expert affidavits and deposition testimony were proper responsive proof to the Defendant's motion for summary judgment. For reasons stated herein, we affirm the trial court's judgment. URL:http://www.tba.org/tba_files/TCA/brownj_opn.WP6 JERRY ALLEN ESTIS and SHEILA MARIE ESTIS VS. WILLIAM CARROLL KELLEY and PHILLIP WAYNE KELLEY Court:TCA Attorneys: Barbara J. Walker, #007093 P.O. Box 1574 Columbia, TN 38402-1574 ATTORNEY FOR PLAINTIFFS/APPELLEES William Carroll Kelley TDOC #97104 SCCF/DB-230 P.O. Box 279 Clifton, TN 38425-0279 PRO SE FOR DEFENDANTS/APPELLANTS Judge:TODD First Paragraph: On June 22, 1983, this suit was filed on behalf of Jerry Allen Estis and Shelia Marie Estis, minor children, for the wrongful death of their parents at the hands of William Carroll Kelley and Phillip Wayne Kelley on June 23, 1982. URL:http://www.tba.org/tba_files/TCA/estisjer_opn.WP6 BRENDA FARMER vs. DEPT. OF CHILDREN SERVICES THERESA FARMER/ESTES vs. DEPT. OF CHILDREN SERVICES Court:TCA Attorneys: Stacy L. Miller, 1808 West End Avenue, Suite 701 Nashville, TN. 37203 ATTORNEY FOR PLAINTIFF/APPELLANT (Theresa Carol Farmer-Estes) Kathleen G. Morris, P.O. Box 128091 Nashville, TN. 37212 ATTORNEY FOR PLAINTIFF/APPELLANT (Brenda Farmer) John Knox Walkup Attorney General and Reporter Douglas Earl Dimond Assistant Attorney General General Civil Division 2nd Floor Cordell Hull Bldg. 425 Fifth Avenue, North, Nashville, TN. 37243-0499 ATTORNEY FOR DEFENDANT/APPELLEE Judge:CAIN First Paragraph: These consolidated cases represent two separate family units running an essentially parallel course in the Juvenile Court of Davidson County. URL:http://www.tba.org/tba_files/TCA/farmerb_opn.WP6 JERRY HAMMOCK and wife RUBY HAMMOCK, et al. vs. SUMNER COUNTY, TENNESSEE Court:TCA Judge:TODD First Paragraph: Sumner County has filed a timely petition for rehearing in accordance with Tenn. R. App. P. 39 requesting this court to reconsider its December 5, 1997 opinion because it misapprehends the application of Tenn. R. Civ. P. 26.02(3) and 26.02(4). Citing Taylor v. Anderson-Tully Co., 151 F.R.D. 295, 296 (W.D. Tenn. 1993), the County asserts that the routine disclosure of an expert's report prior to deposing the expert is "not a practice to be encouraged." We respectfully disagree. Accordingly, the petition for rehearing is denied. URL:http://www.tba.org/tba_files/TCA/hammock_reh.WP6 CHARLES MULLE, JR. vs. KATHY REESE MULLE YOUNT Court:TCA Attorneys: 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 Petitioner/Appellee PEGGY D. MATHES EDWARD L. HILAND 214 Second Avenue North, Suite 105 Nashville, Tennessee 37201 Attorneys for Respondent/Appellant Judge:CANTRELL First Paragraph: In this custody and visitation case, the trial court modified the father's 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 FREDRICKA A. STEINER vs. THE PARMAN CORPORATION Court:TCA Judge:TODD First Paragraph: The plaintiff-appellant has filed a respectful petition to rehear which has been duly considered and is hereby respectfully denied. URL:http://www.tba.org/tba_files/TCA/steinerf_ord.WP6 FREDDIE STEWART vs. HCA HEALTH SERVICES OF TENNESSEE, INC. d/b/a CENTENNIAL MEDICAL CENTER Court:TCA Attorneys: For Plaintiff/Appellant: For Defendant/Appellee: John K. Maddin, Jr. C.J. Gideon, Jr. MADDIN, MILLER & McCUNE William S. Walton Nashville, Tennessee GIDEON & WISEMAN Nashville, Tennessee Judge:KOCH First Paragraph: This case involves the theft of a motorcycle from a hospital parking garage. The visitor whose motorcycle was stolen filed a bailment action against the hospital in the Circuit Court for Davidson County. The hospital moved for summary judgment on the ground that no bailment was created. The trial court agreed and summarily dismissed the case. The visitor asserts on this appeal that the trial court should not have granted the summary judgment because the record contains material factual disputes concerning the existence of a bailment. We find that the material facts are not in dispute and that a bailment was not created as a matter of law. Accordingly, we affirm the summary judgment. URL:http://www.tba.org/tba_files/TCA/stewartf_opn.WP6 JOE LARRY TURNBO vs. BRENDA JANE (THOMPSON) TURNBO Court:TCA Attorneys: MICHAEL W. BINKLEY 150 Second Avenue, N. Suite 300 Nashville, Tennessee 37219 ATTORNEY ON APPEAL FOR PLAINTIFF/APPELLANT DENNIS PLUNK 404 W. Main Street Savannah, Tennessee 38372 ATTORNEY AT TRIAL FOR PLAINTIFF/APPELLANT CLAUDIA S. JACK Jack & Jack, Attorneys 22 Public Square Columbia, Tennessee 38402-0827 ATTORNEYS FOR DEFENDANT/APPELLEE THOMAS W. HARDIN 102 W. 7th Street Columbia, Tennessee 38402 ATTORNEYS FOR DEFENDANT/APPELLEE Judge:TODD First Paragraph: The husband appealed from a judgment granting to the wife an absolute divorce, alimony in futuro, and division of marital property. The husband also complains of the refusal of the Trial Judge to recuse himself because of alleged improprieties. URL:http://www.tba.org/tba_files/TCA/turnbo2_op.WP6 JOE LARRY TURNBO vs. BRENDA JANE (THOMPSON) TURNBO Court:TCA Judge:TODD First Paragraph: The opinion filed by this Court on December 11, 1996, is withdrawn, and a revised opinion filed simultaneously with this order is substituted therefor. URL:http://www.tba.org/tba_files/TCA/turnbojl_ord.WP6 DAWN LOUISE WADDELL WILLIAMS RICHARD DANCE and FRED C. DANCE vs. THOMAS WICKLIFF COMER, Individually and as Trustee, et al. Court:TCA Attorneys: For the Plaintiff/Appellee: For the Appellants, Richard Dance and Fred C. Dance: John R. Phillips, Jr. Richard Dance Timothy R. Rector Fred C. Dance Gallatin, Tennessee Attorneys Pro Se Nashville, Tennessee Judge:LILLARD First Paragraph: This case involves the interpretation of a contingency fee employment agreement for two attorneys. The attorneys were employed by the plaintiff to file suit to challenge the validity of a trust and deed. After the plaintiff requested that the attorneys withdraw from representing her, the case was settled. The attorneys thereafter filed a motion for attorney's fees under the contingency fee contract. The trial court denied the attorneys' motion for attorney's fees. We affirm. URL:http://www.tba.org/tba_files/TCA/williaco_opn.WP6
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