TBALink Opinion-Flash

January 20, 1998 -- Volume #4 -- Number #012

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
06-New Opinons From TCA
00-New Opinons From TCCA

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George Dean
TBALink Chief Editor


IN RE:                  
                        
AMELIA JEAN DOWLING     
a/k/a                       
AMELIA JEAN BERLE,      
a minor 

Court:TCA

Attorneys: 

For Plaintiffs/Appellants:          Guardian Ad Litem:

Bridgett A. Wohlpart                Marlene Eskind Moses
Nashville, Tennessee                Eisenstein, Moses & Mossman
                                    Nashville, Tennessee
                         
Judge:KOCH

First Paragraph:

This appeal involves the efforts of parents to change the surname of
their infant child.  The parents used the father's surname on the
child's birth certificate because the hospital in which the child was
born refused to place the surname chosen by the parents on the child's
birth certificate.  The parents then filed a petition in the Davidson
County Probate Court seeking to change the child's surname.  Following
a bench trial, the probate judge denied the petition after determining
that the parents had failed to demonstrate that changing the child's
surname was in her best interests.  This court appointed a guardian ad
litem to represent the child's interests on appeal  independently of
her parents.  The parents have demonstrated that changing their
daughter's surname to the one they have chosen for her is in the
child's best interests.  Accordingly, we reverse the probate court's
dismissal of the petition to change the child's surname.

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

JANUARY LYNN GRIFFIN
VS.
BRIAN LEE GRIFFIN

Court:TCA

Attorneys:

CHERYL J. SKIDMORE, Gallatin, Attorney for Plaintiff.

JACK GREEN, Nashville, Attorney for Defendant.
                          
Judge:TOMLIN

First Paragraph:

This is a child custody case with potential interstate ramifications. 
This case began as a divorce proceeding in the Circuit Court of
Davidson County, wherein January Lynn Griffin ("mother") filed suit
for divorce against Brian Lee Griffin ("father"), as well as seeking
custody of the parties' minor child.  On March 31, 1995 the trial
court declared the parties divorced pursuant to T.C.A. S 36-4-129. 
Mother was granted custody of the parties' minor child, then fourteen
months old, with father given visitation rights.  On July 19, 1996,
father filed a petition to change custody and  to find contempt on the
part of the mother in the Circuit Court of Davidson County, the same
court in which the divorce had been granted earlier.  Following a
hearing, the trial court ordered custody of the parties' minor child
changed from mother to father.  No adjudication was made on the issue
of contempt.  On appeal mother has presented two issues for our
consideration: (1) whether the trial court erred in changing custody
from mother to father and (2) whether the trial court had subject
matter jurisdiction of father's petition to change custody.  For the
reasons hereinafter stated, we hold that the trial court was in error
in changing custody.

URL:http://www.tba.org/tba_files/TCA/griffja2_opn.WP6
Opinion-Flash

BARBARA KNIGHT
VS.
CITY OF GALLATIN, SUMNER        
COUNTY, TENNESSEE

Court:TCA

Attorneys:

WILLIAM L. UNDERHILL
Madison, Tennessee
Attorney for Appellant

GARY K. GROOMS
Farris, Warfield & Kanaday, PLC
Nashville, Tennessee
Attorney for Appellee
                          
Judge:FARMER

First Paragraph:

Barbara Knight sued the city of Gallatin (City) after she fell on a
city sidewalk.  The complaint alleges the City was negligent in
allowing algae and slime to accumulate in an area where water flowed
across the sidewalk in the vicinity of a carwash.  Summary judgment
was granted in favor of City and Ms. Knight appeals.

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

JODY TRISTAN SMILEY,            
and BEVERLY J. SIMPSON
VS.
STACY MARCY WALKER HANNAH

Court:TCA

Judge:KOCH

First Paragraph:

I concur with the results of the court's opinion in this case but file
this separate opinion to address the court's concern that the record
and the briefs do not explain why the child's surname is "Walker." 
While this concern is not germane to any of the issues on this appeal,
the record contains the explanation the court is seeking.  Stacy March
Hannah's maiden name is "Walker."  Because she was unmarried when her
son was born, Tenn. Code Ann. S 68-3-305(b)(1) (Supp. 1997) required
that the boy be given his mother's surname.

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

GEORGE STINSON, ED D. LEWIS, and
GELSCO OF TENNESSEE, INC.
VS.
138 FIFTH AVENUE SOUTH, INC.,   
138 FIFTH AVENUE SOUTH      
ASSOCIATES, L.P., ALBERT DEL    
FAVERO, JR., and METROPOLITAN   
DEVELOPMENT and HOUSING     
AUTHORITY

Court:TCA

Attorneys:

STEVE NORTH, #3921
1215 Gallatin Pike, South
Madison, TN 37115
ATTORNEY FOR PLAINTIFFS/APPELLEES

Clark H. Tidwell, #2280                 GEORGE B. BARRETT, #2672
LASSITER, TIDWELL & HILDEBRAND          217 Second Avenue North
213 Fifth Avenue, North                 Nashville, TN 37201
Nashville, TN 37219                     For: Defendant/Appellant, MDHA
ATTORNEY FOR DEFENDANTS,
138 Fifth Avenue South, Inc.
138 Fifth Avenue South Associates, L.P.,
Albert Del Favero, Jr.
                          

Judge:TODD

First Paragraph:

The captioned defendants, Metropolitan Development and Housing
Authority (hereafter MDHA, or "the Authority"), has obtained the
permission of the Trial Court and this Court for this interlocutory
appeal from rulings of the Trial Court relating to the rights and
liabilities of the parties.

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

JIMMY WAYNE WILSON, 

JAMES T. FITE, VIVIEN TROY COOK,    
DEWEY SCOTT FRAZIER, JERRY L.   
CHILTON, PAUL CARRIER, ET AL.
VS.
STATE OF TENNESSEE, GOVERNOR    
NED RAY McWHERTER, PAROLE   
ELIGIBILITY REVIEW BOARD &      
MEMBERS, JIM THRASHER,      
JOHN S. WILDER, JIMMY NAIFEH,   
AND CHARLES BURSON, ET AL

Court:TCA

Attorneys:

JIMMY WAYNE WILSON, #108253
Morgan County Regional Correctional Facility
P. O. Box 2000
Wartburg, Tennessee 37887
    Pro Se/Plaintiff/Appellant

JOHN KNOX WALKUP
Attorney General & Reporter

ABIGAIL TURNER
Assistant Attorney General
425 Fifth Avenue North
Nashville, Tennessee 37243-0488
    Attorney for Defendants/Appellees
                         
Judge:CANTRELL

First Paragraph:

Six inmates in the custody of the Department of Correction brought a
declaratory judgment suit against the Parole Eligibility Review Board
("the Board"), against its members individually, and against a number
of other state officials.  The complaint alleged that the defendants
had violated the plaintiffs' equal protection and due process rights,
by failing to recalculate their sentences under the Criminal
Sentencing Reform Act of 1989 and/or failing to grant them an
accelerated Release Eligibility Date ("RED").

URL:http://www.tba.org/tba_files/TCA/wilsonjw_opn.WP6

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