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CHARLES O. WRIGHT vs. MILLER TRANSPORTER, INC. and THE HOME INSURANCE CO. vs. LARRY BRINTON, JR., DIRECTOR DIVISION OF WORKERS' COMPENSATION, TENNESSEE DEPARTMENT OF LABOR, SECOND INJURY FUND Court:TSC - Workers Comp Panel Attorneys: For the Appellees For the Appellant Miller Transporters For the Appellee Charles O. Wright: and Home Ins. Co.: Second Injury Fund: Donald A. Donati Carroll C. Johnson, III John Knox Walkup 629 Poplar Ave. 1698 Monroe Ave. Atty. Gen. & Reporter Memphis, TN 38105 Memphis, TN 38104 Dianne Stamey Dycus Senior Counsel CIVIL DIVISION 425 Fifth Avenue N 2nd Fl. Cordell Hull Bldg. Nashville, TN 37243 Judge:BYERS First Paragraph: The trial judge found the plaintiff had failed to show that injuries he received on November 2, 1990 arose out of and in the course of his employment, and the plaintiff's suit was dismissed. URL:http://www.tba.org/tba_files/TSC_WCP/wrightch_opn.WP6 IN RE: ESTATE OF WILLIAM F. BURTON, JR., Deceased, BOBBI BURTON MILLER, Executrix vs. PAUL T. HOUSCH, ADMINISTRATOR C.T.A., D.B.N. Court:TCA Attorneys: Charles A. Trost, #4079 Joseph A. Woodruff, #12869 Michael G. Stewart, #16920 WALLER, LANSDEN, DORTCH & DAVIS 511 Union Street, Suite 2100 Nashville, TN 37219 ATTORNEYS FOR APPELLANT Frankie E. Wade, #6163 HILL AND BOREN 1269 North Highland Avenue P.O. Box 3539 Jackson, TN 38303-3539 ATTORNEY FOR APPELLEE/CROSS APPELLANT Judge:TODD First Paragraph: This appeal involves an interlocutory order of the Probate Court surcharging the executrix, Bobbi Burton Miller, for misfeasance to the extent of $150,179.23 plus prejudgment interest. The executrix resigned, and an administrator, C.T.A., D.B.N. (with will annexed, for further administration) represented the estate in Probate Court and this Court. URL:http://www.tba.org/tba_files/TCA/burtonwf_opn.WP6 IN THE MATTER OF: S.M.L., (DOB 12/26/88), C.B.L., (DOB 4/14/92), D.K.J., (DOB 5/8/93), Children under the age of 18. Court:TCA Attorneys: For the Appellants: For the State of Tennessee: Nan Shelby Calloway John Knox Walkup Clarksville, Tennessee Attorney General and Reporter Douglas Earl Dimond Assistant Attorney General Judge:KOCH First Paragraph: This appeal involves the termination of a mother's parental rights to three of her children who are between five and ten years of age. Almost four years after the children had been removed from their mother's custody, the Department of Children's Services filed a petition in the Dickson County Juvenile Court to terminate the mother's parental rights. Following a two-day hearing, the juvenile court terminated the mother's parental rights in accordance with Tenn. Code Ann. S 36-1-113(g)(3)(A) (Supp. 1997). On this appeal, the mother asserts that the juvenile court's findings are not supported by clear and convincing evidence and that the trial court should have left the record open to enable her to present additional evidence of her parental fitness. We affirm the judgment terminating the mother's parental rights because the Department has presented clear and convincing evidence establishing the statutory grounds for terminating the mother's parental rights and demonstrating that the children's interests will be best served if they can be integrated into a stable and permanent home as soon as possible. URL:http://www.tba.org/tba_files/TCA/childsv_opn.WP6 URL:http://www.tba.org/tba_files/TCA/childsc_con.WP6 OLAN ENGLAND and ROBERT WHITLEY vs. SELECT SIRES, INC., P. D. LIGGETT, and TENNESSEE ARTIFICIAL BREEDING ASSOCIATION Court:TCA Attorneys: BILLY C. JACK Columbia, Tennessee DOUGLAS E. JONES Nashville, Tennessee Attorneys for Appellant Tennessee Artificial Breeding Association R. STEPHEN DOUGHTY WEED, HUBBARD, BERRY & DOUGHTY Nashville, Tennessee WALTER W. BUSSART BUSSART & MEDLEY Lewisburg, Tennessee Attorney for Appellees Judge:HIGHERS First Paragraph: One of the defendants, Tennessee Artificial Breeding Association ("TABA"), has appealed from a jury verdict in favor of plaintiffs, Olan England ("England"), in the amount of $77,840.54, and Robert Whitley ("Whitley") in the amount of $183,362, which the trial court reduced to $120,000 via a remittitur. TABA further appeals the jury verdict finding an ostensible agency relationship between TABA and artificial insemination technician P.D. Liggett ("Liggett"). URL:http://www.tba.org/tba_files/TCA/englando_opn.WP6 ELAINE FAGG and THOMAS FAGG vs. COUNTY OF FRANKLIN Court:TCA Attorneys: Michelle M. Benjamin, #0012377 P.O. Box 177 Winchester, Tennessee 37398 ATTORNEY FOR PLAINTIFFS/APPELLANTS Ben P. Lynch, #003246 LYNCH, LYNCH & LYNCH P.O. Box 310 Winchester, Tennessee 37398 ATTORNEY FOR DEFENDANT/APPELLEE Judge:TODD First Paragraph: This suit arises from the injury of a pedestrian by stepping into a hole in or near the edge of the paved county road. The Trial Judge rendered summary judgment in favor of the county on the ground that the county owed no duty to a pedestrian. URL:http://www.tba.org/tba_files/TCA/fagget_opn.WP6 PHILLIP E. HALL vs. COMMISSIONER DONAL CAMPBELL, et al Court:TCA Attorneys: Phillip E. Hall, pro se Henning, Tennessee JOHN KNOX WALKUP Attorney General & Reporter KIMBERLY J. DEAN Assistant Attorney General Nashville, Tennessee Attorney for Appellees Judge:HIGHERS First Paragraph: This case involves a petition for writ of certiorari filed by a state prisoner in the chancery court sitting at Lauderdale County. Appellant/prisoner, Phillip E. Hall ("Hall"), challenges the outcome of a disciplinary proceeding brought against him. The trial court dismissed the suit by order entered on December 1, 1997, finding that appellant had failed to file his petition for writ of certiorari within the sixty day period required by Tenn. Code Ann. S 27-9-102, and that he had failed to file his petition for writ of certiorari in Davidson County. URL:http://www.tba.org/tba_files/TCA/hallpe_opn.WP6 HARPETH VALLEY UTILITIES DISTRICT OF DAVIDSON AND WILLIAMSON COUNTIES vs. THE METROPOLITAN GOVERNMENT OF NASHVILLE & DAVIDSON COUNTY RAY BELL, GLENDA BELL, WILLIAM COBLE, DR. ROY PARKER, JIMMY JONES, WESLEY BARNES, FANNIE C. BUCHANAN, KEITH VAUGHN, JOEL CHEEK, DANNY GRAVES, EDDIE GRAVES, JERRY GRAVES, ANNIE K. GRAVES, MACK AND WANDA LOVELL, JOE COLLIER, JIM FESMIRA, MAC KELL, THOMAS ROGERS, GENE ROGERS, AND GEORGE ROGERS Court:TCA Attorneys: Val Stanford, #3316 GULLETT, SANFORD, ROBINSON & MARTIN, PLLC 230 Fourth Avenue North, 3rd Floor P.O. Box 198888 Nashville, Tennessee 37219-8888 Robert E. Parker, #2756 George A. Dean, #6737 PARKER, LAWRENCE, CANTRELL & DEAN Fifth Floor, 200 Fourth Avenue, North Nashville, Tennessee 37219 ATTORNEYS FOR PLAINTIFF/APPELLANT George E. Barrett, #2672 Phillip A. Purcell, #14453 J. Bryan Lewis, #15116 BARRETT, JOHNSTON & PARSLEY 217 Second Avenue North Nashville, Tennessee 37201 Stephen O. Nunn, #9069 ATTORNEYS FOR INTERVENOR-DEFENDANTS/APPELLEES Wesley G. Weeks, #18267 204 Metro Courthouse Nashville, Tennessee 37201 ATTORNEYS FOR DEFENDANT/APPELLEE Judge:TODD First Paragraph: The origin of the present controversy is the plan of the Harpeth Valley Utility District to construct and operate a wastewater disposal facility in an area of Davidson County known as "Bell's Bend." The basic question on appeal is whether the planning and zoning authorities of Metropolitan Government of Nashville and Davidson County have jurisdiction to regulate the proposed facility. The Trial Court rendered summary judgment that the local authorities had such jurisdiction. The utility appealed to this Court. URL:http://www.tba.org/tba_files/TCA/harpethv_opn.WP6 URL:http://www.tba.org/tba_files/TCA/harpeth_con.WP6 IN RE: ESTATE OF HAROLD JENKINS CLAIM OF BILLY R. PARKS vs. ESTATE OF HAROLD JENKINS Court:TCA Attorneys: JAMES C. McBROOM JONATHAN R. STEPHENS 211 Printers Alley, Suite 502 Nashville, Tennessee 37201 Attorneys for Appellant DENTY CHEATHAM ROSE PALERMO 43 Music Square West Nashville, Tennessee 37203 Attorneys for Appellee Judge:CANTRELL First Paragraph: The sole question in this appeal is whether the appellant had a binding oral contract entitling him to a $20,000 bonus after twenty years of service to his employer. The Probate Court of Sumner County denied the claim. We affirm. URL:http://www.tba.org/tba_files/TCA/jenkinsh_opn.WP6 BILLY RAY LONG and VICKY LONG vs. LANDMARK TELEVISION OF TENNESSEE, INC., and JAMES E. NORTON, Individually Court:TCA Attorneys: James L. Harris, #14173 2400 Crestmoor Road Nashville, Tennessee 37215 ATTORNEY FOR PLAINTIFFS/APPELLANTS Leilani Boulware, #15656 HARWELL, HOWARD, HYNE, GABBART & MANNER, P.C. 1800 First American Center 315 Deaderick Street Nashville, Tennessee 37238 ATTORNEY FOR DEFENDANTS/APPELLEES Judge:TODD First Paragraph: The captioned plaintiffs have appealed from a summary dismissal of their joint suit against the employer of Mr. Long and his superior for alleged emotional injury resulting from verbal and physical harassment of Mr. Long by said supervisor. URL:http://www.tba.org/tba_files/TCA/longbr_opn.WP6 CHARLES MONTAGUE vs. TENNESSEE DEPARTMENT OF CORRECTIONS Court:TCA Judge:TODD First Paragraph: The appellant has filed a petition to rehear which has been examined and found to be without merit. It is therefore denied. URL:http://www.tba.org/tba_files/TCA/montague_ord.WP6 NATIONAL HEALTHCARE, L.P. vs. SPARTA MEDICAL INVESTORS LIMITED PARTNERSHIP and the TENNESSEE HEALTH FACILITIES COMMISSION Court:TCA Attorneys: James L. Harris, #14173 2400 Crestmoor Road Nashville, Tennessee 37215 ATTORNEY FOR PLAINTIFFS/APPELLANTS Leilani Boulware, #15656 HARWELL, HOWARD, HYNE, GABBART & MANNER, P.C. 1800 First American Center 315 Deaderick Street Nashville, Tennessee 37238 ATTORNEY FOR DEFENDANTS/APPELLEES Judge:TODD First Paragraph: The appellant has filed a respectful petition to rehear requesting the deletion from page 7 of the opinion of this Court of the words, "The existing facility has no skilled nursing beds." URL:http://www.tba.org/tba_files/TCA/nathealt_ord.WP6 NATIONAL HEALTHCARE, L.P. vs. SPARTA MEDICAL INVESTORS LIMITED PARTNERSHIP and the TENNESSEE HEALTH FACILITIES COMMISSION Court:TCA Attorneys: Robert B. Littleton Kathryn Ladd TRABUE, STURDIVANT & DeWITT 2500 Nashville City Center 511 Union Street Nashville, Tennessee 37219 ATTORNEY FOR PLAINTIFF/APPELLANT John Knox Walkup Attorney General and Reporter Michelle Hohnke Joss Assistant Attorney General Second Floor, Cordell Hull Building 425 Fifth Avenue, North Nashville, Tennessee 37243 ATTORNEYS FOR THE TENNESSEE HEALTH FACILITIES COMMISSION/DEFENDANT/APPELLEE Jerry W. Taylor WYATT, TARRANT & COMBS 511 Union Street, Suite 1500 Nashville, Tennessee 37219 ATTORNEY FOR SPARTA MEDICAL INVESTORS LIMITED PARTNERSHIP Judge:TODD First Paragraph: This appeal involves an existing health care facility in Sparta, Tennessee and a proposal to build a second health care facility in the same city. The existing facility opposed the construction of the new facility, but the Tennessee Health Facilities Commission (hereafter, Commission) granted a certificate of need (hereafter CON) authorizing the construction of the new facility. The existing facility petitioned for judicial review. The Trial Court affirmed the order of the Commission, and the existing facility appealed to this Court. URL:http://www.tba.org/tba_files/TCA/nationhc_opn.WP6 RUTH PHARES vs. KITTIE MYATT, ED.D. Court:TCA Attorneys: JAMES L. HARRIS 2400 Crestmoor Road Nashville, Tennessee 37215 Attorney for Plaintiff/Appellant NOEL F. STAHL E. TODD PRESNELL Suite 2700, Nashville City Center 511 Union Street Nashville, Tennessee 37219 Attorney for Defendant/Appellee Judge:CANTRELL First Paragraph: A licensed practical nurse filed suit against a psychological examiner who evaluated her after the nurse's license was suspended for professional misconduct. The plaintiff claimed that as a result of a negligent report by the examiner, her license reinstatement was conditioned on the completion of unnecessary treatment for drug and alcohol abuse, leading her to suffer severe emotional distress. The trial court granted summary judgment for the defendant psychological examiner. We affirm. URL:http://www.tba.org/tba_files/TCA/pharesr_opn.WP6 CATHY P. SPRAYBERRY-GRAVITT vs. DAVID BAKER, Director of Schools for the CLARKSVILLE- MONTGOMERY COUNTY SCHOOLS and THE CLARKSVILLE- MONTGOMERY COUNTY BOARD OF EDUCATION Court:TCA Judge:TODD First Paragraph: We have reviewed appellee's Petition to Rehear. Counsel correctly points out that the Education Improvement Act of 1992 specified certain duties in the County Administration of education. The two sections cited [T.C.A. 49-2-301(f)(10) and T.C.A. 49-2-203(a)(1)] do refer to "recommendation" of the superintendent to the local board of education. It is the duty of the superintendent to recommend teachers who qualify and the board "elects" such teachers to tenure status as it deems appropriate. URL:http://www.tba.org/tba_files/TCA/sprayg_ord.WP6 IN THE MATTER OF: T.J.H., (DOB 7/29/95) and M.S.M., (DOB 5/29/91) (Children under the age of 18) Court:TCA Attorneys: Guardian ad litem: For the Respondents/Appellants: Clifford K. McGown, Jr. Janet S. Kelley Waverly, Tennessee Waverly, Tennessee Judge:KOCH First Paragraph: This appeal involves the termination of the parental rights of two persons who have a history of serious mental illnesses. The two children at issue in this case were temporarily removed from their parents' custody in mid-1996 following the hospitalization of the younger child for poisoning. In April 1997, the children's guardian ad litem filed a petition in the Chancery Court for Humphreys County seeking to terminate parental rights. Following a bench trial, the trial court entered an order terminating parental rights pursuant to Tenn. Code Ann. S 36-1-113(g)(3)(A) (Supp. 1997). On this appeal, the parents assert that the trial court's decision is not supported by clear and convincing evidence. We have carefully evaluated the record and have determined that it contains clear and convincing evidence to support the termination of these parents' parental rights. URL:http://www.tba.org/tba_files/TCA/tjh_opn.WP6 VIRGINIA GRAF WADDEY vs. IRA CLINTON WADDEY, JR. Court:TCA Attorneys: F. Dulin Kelly, #4085 Clinton L. Kelly, #16171 Andy L. Allman, #17857 KELLY & KELLY 629 East Main Street Hendersonville, Tennessee 37075 ATTORNEYS FOR PLAINTIFF/APPELLANT Albert F. Moore, #6709 NEAL & HARWELL, PLC 2000 First Union Tower 150 Fourth Avenue North Nashville, Tennessee 37219 ATTORNEY FOR DEFENDANT/APPELLEE Judge:TODD First Paragraph: The plaintiff Virginia Graf Waddey, has appealed from the Trial Court's dismissal of her post-divorce decree petition to extend her periodic alimony because of a change in circumstances. URL:http://www.tba.org/tba_files/TCA/waddeyvg_opn.WP6 RONDA GALE WILDER vs. LLOYD CLINTON RAINS Court:TCA Attorneys: For Plaintiff/Appellant: For Defendant/Appellee: Bernard K. Smith B. Timothy Pirtle H. Thomas Parsons McMinnville, Tennessee Parsons, Nichols & Johnson Manchester, Tennessee Judge:KOCH First Paragraph: This appeal arose from a collision on a two-lane rural road in which a vehicle traveling in one lane struck a vehicle that was turning left. The driver of the oncoming vehicle sued the driver of the turning vehicle in the Circuit Court for Warren County. After a jury returned a verdict allocating fault equally between the two drivers, the trial court entered a judgment awarding nothing to the plaintiff driver. On this appeal, the plaintiff driver asserts that the evidence does not support the jury's verdict. We have determined that the record contains material evidence to support the jury's verdict and, therefore, affirm the judgment in accordance with Tenn. Ct. App. R. 10(b). URL:http://www.tba.org/tba_files/TCA/wilderrg_opn.WP6 THOMAS A. (TOMMY) WORTHAM vs. WEST MEADE CORPORATION, JOY MARSH, PRESIDENT Court:TCA Attorneys: NEAL LOVLACE HARVILL & LOVLACE 102 Bank Avenue Centerville, Tennessee 37033 Attorney for Plaintiff/Appellant HENRY F. TODD, JR. TODD, SPENCER & ATKINS 404 East College Street Dickson, Tennessee 37055 Attorney for Defendant/Appellee Judge:CANTRELL First Paragraph: The plaintiff filed suit for specific performance on an option to purchase real property. The trial court found that the plaintiff had failed to exercise the option before it expired, and granted summary judgment to the defendant property-owner. We affirm the trial court. URL:http://www.tba.org/tba_files/TCA/worthta_opn.WP6 EDDIE JOE MANN vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Greg Alford John Knox Walkup Attorney at Law Attorney General & Reporter 108 W. Court Street, Suite 21 Dyersburg, TN 38024 Marvin E. Clements, Jr. Assistant Attorney General Criminal Justice Division Cordell Hull Building, 2nd Fl 425 Fifth Avenue North Nashville, TN 37243 C. Phillip Bivens District Attorney General 115 Market Street East Dyersburg, TN 38024 Judge:SUMMERS First Paragraph: The petitioner, Eddie Joe Mann, was convicted by a jury of theft under $500. Our Court affirmed his conviction and sentence. State v. Eddie Joe Mann, No. 02C01-9512-CC-00395 (filed at Jackson, January 16, 1997). He filed a post-conviction relief petition alleging ineffective assistance of counsel at both the trial and appellate levels. The hearing court denied relief. Petitioner appealed to this Court. Oral argument was heard on June 2, 1998. URL:http://www.tba.org/tba_files/TCCA/manneddi_opn.WP6 STEPHAN A. THORPE vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: ETANDRA DOUGLAS JOHN KNOX WALKUP 46 North Third St., Ste 725 Attorney General & Reporter Memphis, TN 38103 MARVIN E. CLEMENTS, JR. Assistant Attorney General 2nd Fl., Cordell Hull Bldg 425 Fifth Avenue North Nashville, TN 37243 JOHN W. PIEROTTI District Attorney General JAMES M. LAMMEY Asst District Attorney General Criminal Justice Center, Ste 301 201 Poplar Avenue Memphis, TN 38103 Judge:WOODALL First Paragraph: The Petitioner, Stephan A. Thorpe, appeals from the order denying his petition for post-conviction relief. Petitioner was indicted on four (4) counts of aggravated sexual battery. Pursuant to an agreement with the State, Petitioner pled guilty to attempt to commit aggravated sexual battery in violation of Tennessee Code Annotated sections 39-12-101 and 39-13-504 in the Criminal Court of Shelby County. Petitioner also pled guilty to three (3) counts of indecent exposure, although these pleas are not the subject of his petition for post-conviction relief. According to the agreement, he was sentenced as a Range II Offender to serve eight (8) years for the attempted aggravated sexual battery conviction. In his petition for post-conviction relief, Petitioner claimed that his Fifth Amendment right against self-incrimination was violated and his Sixth Amendment right to the effective assistance of counsel was denied. Following an evidentiary hearing, the trial court denied relief. Petitioner appealed to this court strictly on the issue of ineffective assistance of counsel based upon his involuntary guilty plea. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/thorpesa_opn.WP6
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