TBALink Opinion-Flash

April 8, 1998 -- Volume #4 -- Number #062

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):
02-New Opinons From TSC
00-New Opinons From TSC-Rules
00-New Opinons From TSC-Workers Comp Panel
03-New Opinons From TCA
00-New Opinons From TCCA

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George Dean
TBALink Chief Editor


JUANITA MITCHELL, PERSONAL  
REPRESENTATIVE OF THE ESTATE    
OF BILLY GWINN MITCHELL
VS.
SAM F. COLE, JR., SUBSTITUTE    
TRUSTEE, ESTATE OF PRUDENCE     
REYNOLDS, AND GERALD W.         
PICKENS, ADMINISTRATOR

Court:TSC

Attorneys: 

For Plaintiff-Appellant:        For Defendants-Appellees:

James Stephen King              Sam F. Cole, Jr.
Arthur E. Quinn                 Memphis
The Bogatin Law Firm, PLC
Memphis
                         
Judge:REID

First Paragraph:

This case presents for review the decision of the Court of Appeals
that a debtor cannot collaterally attack in state court an
adjudication made in a Chapter 11 bankruptcy proceeding regarding the
balance due on a debt owed by the debtor-bankrupt.  The judgment of
the Court of Appeals is affirmed as modified.

URL:http://www.tba.org/tba_files/TSC/mitchelj_opn.WP6
Opinion-Flash

REBECCA FAY WOODS,  
HARRY B. WOODS, JR., AND    
SHIRLEY ANN WOODS
vs.
HARRY B. WOODS PLUMBING 
COMPANY, INC., HARPETH  
CONSTRUCTION CO., INC., AND 
TRAVELERS INSURANCE COMPANY

Court:TSC

Attorneys: 

FOR APPELLANTS:         FOR APPELLEES, Harpeth                          
                        Construction Co., Inc. and Travelers
Othal Smith, Jr.        Insurance Company:
Nashville
                        William G. McCaskill, Jr.
                        Taylor, Philbin, Pigue, Marchetti &
                        Bennett
                        Nashville                         

Judge:HOLDER

First Paragraph:

We granted this workers' compensation appeal to address two issues: 
(1)  whether the decedent's death arose out of and in the course of
employment; and (2)  whether the decedent was the initial aggressor;
and if so, whether the aggressor doctrine precluded recovery.  We find
that the decedent's death arose out of and in the course of
employment.  As to the second issue, we hold the common law aggressor
defense as it relates to workers' compensation claims under the Act is
abolished in Tennessee and does not bar the decedent's recovery.

URL:http://www.tba.org/tba_files/TSC/woodsrf_opn.WP6
Opinion-Flash

JACQUELINE S. (WEIBEL) BREWER
vs.
JOSEPH WILLIAM WEIBEL, III

Court:TCA

Attorneys:

BRUCE KELLY, JR., Memphis, Attorney for Plaintiff.

JAMES F. ARTHUR, III., Germantown, Attorney for Defendant.
                          
Judge:TOMLIN

First Paragraph:

This is a post-divorce child custody suit.  Joseph Weibel III
("father") filed a petition in the Chancery Court of Shelby County
against Jacqueline Brewer ("mother") seeking to have custody of the
parties' minor child, Joseph Weibel IV, ("Joey") changed from mother
to father.  Mother had primary physical custody of the parties' child
pursuant to a consent order calling for joint custody.  Following a
hearing, the chancellor awarded father sole custody, with mother
having extensive visitation.  The court also ordered father to pay
mother's attorney fees and expenses in connection with the litigation.
 Mother has raised two issues by this appeal.  First, whether the
evidence preponderates against the finding of the chancellor that it
was in the best interest of the parties' child to award custody to
father.  And second, although father was directed to pay mother's
attorney fees and litigation expenses in connection with the trial
below, mother as appellant herein raises the issue of whether the
chancellor abused his discretion in directing father to pay mother's
attorney fees.  For the reasons hereinafter stated, we affirm the
award of custody to father and reverse the award of attorney fees to
mother.

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

MYRA JEAN McCORKLE
vs.
THE COUNTY OF DYER, TENNESSEE

Court:TCA

Attorneys:

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

Charles M. Agee, Jr.                Wesley Clayton    
Dyersburg, Tennessee                David W. Camp            
                                    Jackson, Tennessee
                          
Judge:LILLARD

First Paragraph:

This is a premises liability case under the Tennessee Governmental
Tort Liability Act.  The trial court granted summary judgment to the
defendant governmental entity.  We affirm.

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

THE TIPTON COUNTY DEPARTMENT
OF PUBLIC INSTRUCTION BY        
TIPTON COUNTY BOARD OF      
EDUCATION
vs.
DELASHMIT ELECTRIC COMPANY, 
a partnership composed of AUBREY    
DELASHMIT, NEAL DELASHMIT and 
MICHAEL PUHLMAN and FRONTIER    
INSURANCE COMPANY

Court:TCA

Attorneys:

For the Plaintiff/Appellee:         For the Defendants/Appellants:

Walker T. Tipton                    M. Clark Spoden
Covington, Tennessee                Nashville, Tennessee
                                                                      
                                    James Lynn Werner
                                    Columbia, South Carolina
                          
Judge:LILLARD

First Paragraph:

This is a breach of contract case involving the enforcement of an
arbitration clause.  We find the arbitration clause applicable,
reverse the judgment of the lower court, and remand the case for
arbitration.

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

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