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TBALink Opinion-Flash
March 30, 1998 -- Volume #4 -- Number #057
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):
- 04-New Opinons From TSC
- 00-New Opinons From TSC-Rules
- 01-New Opinons From TSC-Workers Comp Panel
- 00-New Opinons From TCA
- 03-New Opinons From TCCA
- 04-New Opinons From TSC
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George Dean
TBALink Chief Editor
COLEMILL ENTERPRISES, INC. vs. JOE HUDDLESTON, Commissioner of Tennessee Department of Revenue Court:TSC Attorneys: For the Plaintiff: For the Defendant: Richard L. Colbert John Knox Walkup Cornelius & Collins Attorney General and Reporter Nashville, Tennessee Michael E. Moore Solicitor General Charles L. Lewis Deputy Attorney General Gary N. Meade, Jr. Assistant Attorney General Nashville, Tennessee Judge:Drowota First Paragraph: We granted the applications of both Colemill Enterprises, Inc. and the Department of Revenue in this action in which Colemill Enterprises, Inc., pursuant to Tenn. Code Ann. S 67-1-1801, challenges an assessment against it of state and local sales taxes. The assessment was based on transactions whereby Colemill Enterprises, Inc. substantially modified airplanes for out-of-state customers. URL:http://www.tba.org/tba_files/TSC/colmilen_opn.WP6
HAZEL MAXINE COLN and
husband, CARL F. COLN
vs.
CITY OF SAVANNAH, TENNESSEE
and
DEBBIE VANCLEAVE
vs.
MATTHEW MARKOWSKI and
wife, DIANE MARKOWSKI
Court:TSC
Attorneys:
For Appellants, Coln: For Appellee, City of Savannah:
Edward L. Martindale, Jr. James A. Hopper
DREW AND MARTINDALE Savannah, Tennessee
Jackson, Tennessee
For Appellant, Vancleave: For Appellees, Markowski:
James H. Bradberry Russell E. Reviere
JAMES H. BRADBERRY Bradford D. Box
& ASSOCIATES RAINEY, KIZER, BUTLER, REVIERE
Dresden, Tennessee & BELL, P.L.C.
Jackson, Tennessee
Judge:ANDERSON
First Paragraph:
We granted permission to appeal in two premises liability cases to
determine a common question to both - whether and to what extent the
traditional open and obvious rule eliminating a landowner's duty to
one injured as a result of an open and obvious danger continues to be
viable after the adoption of comparative fault in McIntyre v.
Balentine, 833 S.W.2d 52 (Tenn. 1992).
URL:http://www.tba.org/tba_files/TSC/colnhm_opn.WP6
MICHAEL SCOTT EVANS
vs.
KAREN MARIE BISSON STEELMAN
and
IN THE MATTER OF: SEAN MICHAEL
CRAWFORD, A CHILD UNDER 18
YEARS OF AGE, THOMAS MICHAEL
CIHLAR
vs.
MARY ANN CRAWFORD and
RONALD SHANE CRAWFORD
Court:TSC
Attorneys:
Attorneys for Appellant Evans: Attorneys for Appellee Steelman:
Clark Lee Shaw Philip W. Duer
Nashville, Tennessee Nashville, Tennessee
Mary Arline Evans
Nashville, Tennessee
Attorney for Appellant Cihlar: Attorney for Appellees Crawford:
Wayne Detring John L. Schlechty
Hendersonville, Tennessee New York, New York
Attorney for Amicus Curiae, Attorney for the State of TN:
Samuel T. Bartle, M.D.:
R. Miles Mason John Knox Walkup
Memphis, Tennessee Attorney General & Reporter
Of Counsel: Michael E. Moore
Professor Barbara Kritchevsky Solicitor General
Memphis, Tennessee
Linda A. Ross
Associate Solicitor General
Kimberly M. Frayn
Assistant Attorney General
Nashville, Tennessee
Judge:ANDERSON
First Paragraph:
We granted the applications for permission to appeal and consolidated
these two cases to decide whether, pursuant to Tenn. Code Ann. S
36-2-202 (1996 Repl.)(repealed 1997), a child is "born out of wedlock"
when the child's mother is married, but not to the biological father,
at the time of the child's birth. If not "born out of wedlock," the
biological father has no standing to legitimate the child.
URL:http://www.tba.org/tba_files/TSC/evansms_opn.WP6
CONSUMER ADVOCATE DIVISION,
OFFICE OF THE ATTORNEY
GENERAL, STATE OF
TENNESSEE
vs.
H. LYNN GREER, CHAIR; SARA
KYLE, DIRECTOR, and MELVIN
MALONE, DIRECTOR,
CONSTITUTING THE TENNESSEE
REGULATORY AUTHORITY,
and BELLSOUTH
TELECOMMUNICATIONS, INC.
Court:TSC
Attorneys:
For Appellants -
Greer, Kyle & Malone: For Appellees
Paul C. Ney Jr. John Knox Walkup
Gregory Mitchell Attorney General & Reporter
DORAMUS, TRAUGER & NEY
Nashville, Tennessee Michael E. Moore
Solicitor General
For Appellants - BellSouth
Guy Hicks L. Vincent Williams
BELLSOUTH TELECOMMUNICATIONS Consumer Advocate
Nashville, Tennessee Office of Attorney General
Nashville, Tennessee
Bennett L. Ross
BELLSOUTH TELECOMMUNICATIONS
Atlanta, Georgia
Judge:DROWOTA
First Paragraph:
We granted this appeal to determine two issues: (1) whether the
petition to intervene filed with the Tennessee Regulatory Authority
("TRA"), by the Consumer Advocate Division of the Attorney General's
Office ("Advocate"), constituted a written complaint; and (2) whether
the TRA is statutorily required to hold a contested case hearing upon
the filing of a written complaint.
URL:http://www.tba.org/tba_files/TSC/tennreg_opn.WP6
BETTY A. PRIMM
vs.
KANTUS CORPORATION and
THE YASUDA FIRE & MARINE
INS. CO. OF AMERICA
Court:TSC - Workers Comp Panel
Attorneys:
For the Appellants: For the Appellees:
John R. White Charles G. Blackard
Charles L. Rich 155 Franklin Road, Suite 155
202 First National Bank Bldg. Brentwood, Tennessee 37027
P. O. Box 169
Shelbyville, TN 37162
Judge:INMAN
First Paragraph:
Appellate review requires that we presume that the judgment of the
trial court is correct. Rule 13(d), T. R. A. P. We indulge no other
presumptions, but look to see where the preponderance of the evidence
lies. T.C.A. S 50-6 225(e)(2). It is axiomatic that the essential
elements of a workers' compensation case, like any other, must be
proved, and that the plaintiff must bear the burden of proof. There
are no presumptions at the trial level. See, Tindall v. Waring Park
Ass'n., 725 S.W.2d 935 (Tenn. 1987). While we do not substitute our
judgment for that of the trial judge, we are as well positioned to
judge the probative worth of depositional testimony. Cooper v. INA,
884 S.W.2d 446 (Tenn. 1994).
URL:http://www.tba.org/tba_files/TSC_WCP/primmb_opn.WP6
STATE OF TENNESSEE
vs.
MICHAEL DEANGELO GREEN
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
EDWARD T. LANDIS JOHN KNOX WALKUP
Suite 327, Doctors Building Attorney General and Reporter
744 McCallie Avenue
Chattanooga, TN 37408 MICHAEL J. FAHEY, II
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
GARY D. GERBITZ
District Attorney General
DAVID DENNY
Asst District Attorney General
Suite 300, Court Building
Chattanooga, TN 37402
Judge:CRAFT
First Paragraph:
The defendant, Michael Deangelo Green, was tried by a Hamilton County
jury on twelve indictments, all consolidated for trial, which resulted
from a crime spree committed between July 6 and July 11, 1993.
URL:http://www.tba.org/tba_files/TCCA/green_opn.WP6
STATE OF TENNESSEE
vs.
RICKY LEBRON HUFF
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
DONNA R. MILLER JOHN KNOX WALKUP
Office of the Public Defender Attorney General and Reporter
Suite 300, 701 Cherry Street
Chattanooga, TN 37402 MICHAEL J. FAHEY, II
Assistant Attorney General
For Appeal Only: 450 James Robertson Parkway
RANDALL E. REAGAN Nashville, TN 37243-0493
602 Gay Street, Suite 905
Knoxville, TN 37902 GARY D. GERBITZ
District Attorney General
LELAND DAVIS
Asst District Attorney General
City-County Courts Building
Chattanooga, TN 37402
Judge:CRAFT
First Paragraph:
The defendant, Ricky Lebron Huff, appeals as of right from a jury
conviction for aggravated robbery.
URL:http://www.tba.org/tba_files/TCCA/huff_opn.WP6
STATE OF TENNESSEE
vs.
ADRIAN D. SMITH
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Ardena J. Garth John Knox Walkup
District Public Defender Attorney General & Reporter
Donna Robinson Miller Marvin E. Clements, Jr.
Asst District Public Defender Assistant Attorney General
701 Cherry Street, Suite 300 425 5th Avenue North
Chattanooga, TN 37402 Nashville, TN 37243-0493
William H. Cox
District Attorney General
Barry Steelman
Asst District Attorney General
600 Market Street--Courts Bldg
Chattanooga, TN 37402
Judge:SUMMERS
First Paragraph:
Adrian D. Smith pled guilty to aggravated assault and resisting a
stop. In October 1996 the trial court sentenced the appellant as a
Range I, standard offender, to three years for the aggravated assault
conviction and to six months for the resisting a stop conviction. His
sentences were to run concurrently. The trial court denied the
appellant's request for an alternative sentence.
URL:http://www.tba.org/tba_files/TCCA/smithadr_opn.WP6
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