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TBALink Opinion-Flash
April 13, 1998 -- Volume #4 -- Number #064
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
- 01-New Opinons From TSC-Workers Comp Panel
- 08-New Opinons From TCA
- 01-New Opinons From TCCA
- 00-New Opinons From TSC
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version of the opinion.
- Click the URL Link at end of each Opinion paragraph below. This option will allow you to download the original WP 6.0 document.
George Dean
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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