TBALink Opinion-Flash

May 14, 1998 -- Volume #4 -- Number #077

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

There are three ways to get the full opinion from the Web: (TBALink members only)

  • Do a key word search in the Search Link area of TBALink.This option will allow you to view and save a plain text version of the opinion.

  • *NEW* Browse the Opinion List area of TBALink. This option will allow you to download the original WP 6.0 document. 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


MATTHEW SEFFERNICK
vs.
SAINT THOMAS HOSPITAL AND   
BARRY E. YARBROUGH, M.D.

Court:TSC

Attorneys: 

FOR APPELLANTS:             FOR APPELLEE:

C.J. GIDEON, JR.            ROGER L. GILBERT
SHIRLEY A. IRWIN            KNOXVILLE
NASHVILLE
                         
Judge:HOLDER

First Paragraph:

We granted this appeal to decide whether the trial court erred in
relying on excerpts of a deposition when striking the affidavit of the
plaintiff's expert.  The Court of Appeals held that the depositional
excerpts could not "be considered as evidence" because they
"contain[ed] no affidavit as required by T.R.C.P. Rules 30.03 and
56.05."  We reverse the appellate court's dismissal finding:  (1) 
that the issue was waived; (2)  that Tenn. R. Civ. P. 30.03 and 56.05
neither preclude filing excerpts of a deposition nor require that an
affidavit be attached to deposition excerpts; and (3)  that the trial
judge neither abused his discretion nor acted arbitrarily in striking
the expert's affidavit pursuant to Tenn. R. Evid. 702 and 703.

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

JUDICIAL ETHICS OPINION

Court:TSC - Rules
                          
Judge:Frierson

First Paragraph:

Inquiry has been submitted to the Committee for issuance of an opinion
directing whether a Judge may prepare and transmit a personal letter
on private stationery to friends and/or acquaintances endorsing the
candidacy of another Judge.  The request originates from a Judge
desiring to contact personal friends in a jurisdiction separate from
that within which he presides.

URL:http://www.tba.org/tba_files/TSC_RULES/rollins_opn.WP6
URL:http://www.tba.org/tba_files/TSC_RULES/rollins_dis.WP6
Opinion-Flash

JACQUELINE S. WHITESIDE
vs.
JERRY WHITESIDE

Court:TCA

Attorneys: 

John P. Konvalinka, Esq.
Grant, Konvalinka & Harrison
Chattanooga, Tennessee
Attorney for Appellant

Edward A. Love, Esq.
Chattanooga, Tennessee
Attorney for Appellee
                         
Judge:WILLIAMS

First Paragraph:

This appeal is from the action by the trial court on a contempt
citation by the Appellant, hereinafter "Wife," and a Petition to
Modify the original Divorce Decree and a motion under Rule 60, Tenn.
R. Civ. P., brought by the Appellee, hereinafter "Husband."

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

Feel free to forward this Opinion-Flash on to any attorney you know of with an internet address, who is not a TBALink member. To Join TBALink - Http://www.tba.org/join.html/

Would you like to receive the TBALink Opinion-Flash each day via e-mail?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE
3) Leave the body of the message blank

Non TBA members are WELCOME to subscribe...it's free!!

Would you like to STOP receiving the TBALink Opinion-Flash?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: UNSUBSCRIBE
3) Leave the body of the message blank


© Copyright 1996-1997 Tennessee Bar Association