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.
- 00-New Opinons From TSC
- 00-New Opinons From TSC-Rules
- 01-New Opinons From TSC-Workers Comp Panel
- 08-New Opinons From TCA
- 01-New Opinons From TCCA
There are three ways to get the full opinion from the Web: (TBALink members only)
TBALink Chief Editor
ALFRED EDWARDS, JR. vs. WITCO CHEMICAL CORPORATION and WITCO CORPORATION Court:TSC - Workers Comp Panel Attorneys: For Plaintiff: For Defendant: Louis Chiozza, Jr. James B. Summers 230 Adams Avenue Neely, Green, Fargarson, Memphis, TN 38103 Brooke & Summers 65 Union Ave., 9th Floor P.O. Box 3543 Memphis, TN 38173-2500 Judge:TOMLIN First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with T.C.A. S 50-6-225(e)(3) for hearing and reporting of findings fact and conclusions of law. In this appeal, the employer, Witco Chemical Company and Witco Corporation ("defendant"), self insured, contends that the evidence preponderates against the trial court's award of eighty percent (80%) vocational disability to plaintiff, Alfred Edwards, computed at two and a half times the anatomical impairment rating of plaintiff's physician of thirty-two percent (32%). For the reasons set forth below, we affirm the judgment of the trial court as modified. URL:http://www.tba.org/tba_files/TSC_WCP/edwardsa_opn.WP6 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 CARVER PLUMBING COMPANY vs. MARTHA CONE BECK Court:TCA Attorneys: John L. Whitfield, Jr., MOODY, WHITFIELD & CASTELLARIN, Nashville, Tennessee Attorney for Plaintiff/Appellant. Winston S. Evans, EVANS, JONES & REYNOLDS, Nashville, Tennessee Attorney for Defendant/Appellee. Judge:FARMER First Paragraph: Plaintiff Carver Plumbing Company, Inc. (Carver Plumbing), appeals the trial court's order entering summary judgment in favor of Carver Plumbing's former attorney, Defendant/Appellee Martha Cone Beck (Beck). We reverse the trial court's judgment based on our conclusion that a genuine issue of material fact exists as to whether Carver Plumbing's action against Beck is barred by the one-year statute of limitations applicable to legal malpractice actions. URL:http://www.tba.org/tba_files/TCA/CARVERPC_OPN.WP6 JOHN and PATRICIA SYLAWA vs. FIRST AMERICAN TRUST CO., N.A., Executor Court:TCA Attorneys: Fred W. Beesley, Jr., BPR #9892 Malcolm L. McCune, BPR #2660 Court Square Building 300 James Robertson Parkway Nashville, TN 37201 ATTORNEYS FOR CONTESTANTS/APPELLEES William L. Harbison, BPR #7012 Andree S. Blumstein, BPR #9357 424 Church Street Nashville, TN 37219 ATTORNEYS FOR PROPONENT/APPELLANT Judge:TODD First Paragraph: This is a will contest case involving a succession of wills, disputes as to the testamentary capacity of the testator at the time of the making of each of the wills, and the standing of the contestants. At the present stage of the proceedings, the contestants are in the position of plaintiffs, because they initiated the contest. URL:http://www.tba.org/tba_files/TCA/FERGUSNJ_OPN.WP6 KERRY GARLAND vs. JIM BONNER, Individually and d/b/a EZA AQUAGLASS POOLS KEN HOPKINS and wife, PAM HOPKINS vs. JIM BONNER, Individually and d/b/a EZA AQUAGLASS POOLS Court:TCA Attorneys: C. Tim Tisher of Columbia For Appellees William C. Barnes of Columbia For Appellant Judge:TODD First Paragraph: This is an appeal of two cases consolidated for trial. Both cases originated in the General Sessions Court of Maury County, Tennessee. URL:http://www.tba.org/tba_files/TCA/GARLANDK_OPN.WP6 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 THE OAK RIDGE BOYS, INC. vs. STEVE H. SANDERS, ET AL Court:TCA Attorneys: John R. Phillips, Jr., Timothy R. Rector Phillips & Ingrum of Gallatin For Appellant John Knox Walkup, Attorney General and Reporter Ronald W. McNutt, Assistant Attorney General of Nashville For Appellee Judge:CRAWFORD First Paragraph: This is an unemployment compensation case. Plaintiff, The Oak Ridge Boys, Inc., appeals the order of the trial court which affirmed the decision of the Board of Review of the Tennessee Department of Employment Security to award benefits to Steve Sanders. URL:http://www.tba.org/tba_files/TCA/OAKRIDBO_OPN.WP6 GALE JOAN HOLLEN RITCHIE vs. DAVID ANTHONY RITCHIE Court:TCA Attorneys: Gregory D. Smith, BPR #013420 Timothy K. Barnes, BPR #012375 One Public Square, Suite 321 103 S. Third Street Clarksville, TN 37040 Clarksville, TN 37040 ATTORNEYS FOR PLAINTIFF/APPELLANT Mark A. Rassas, BPR #4334 Julia North RASSAS & RASSAS Glenn Bldg., Suite 104 P.O. Box 361 Clarksville, TN 37041 ATTORNEYS FOR DEFENDANT/APPELLEE Judge:TODD First Paragraph: This is an appeal from a divorce decree in which the only issue is which parent should have principal custody of Luke, the minor child of the parties who was born July 13, 1993. The divorce decree of the Trial Court granted principal custody to the father, and the mother appealed to this Court. URL:http://www.tba.org/tba_files/TCA/RITCHIEG_OPN.WP6 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 STATE OF TENNESSEE vs. SONYA DENISE AULTMAN Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JOHN C. CAVETT, JR. JOHN KNOX WALKUP Cavett & Abbott, PLLC Attorney General & Reporter Pioneer Bank Bldg, Ste 428 Chattanooga, TN 37402 MICHAEL J. FAHEY, II Assistant Attorney General 425 Fifth Avenue North Second Floor, Cordell Hull Bldg Nashville, TN 37243 WILLIAM H. COX District Attorney General BARRY STEELMAN Asst District Attorney General 600 Market Street - Suite 300 Courts Building Chattanooga, TN 37402 Judge:ACREE First Paragraph: The defendant, Sonya Denise Aultman, was convicted by a Hamilton County jury of being an accessory after the fact and was sentenced to two years in the Tennessee Department of Corrections. This is an appeal as of right of the conviction and of the sentence. URL:http://www.tba.org/tba_files/TCCA/aultman_op.WP6
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