Here is today's issue of TBALink Opinion-Flash. What follows are 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
- 03-New Opinons From TSC-Workers Comp Panel
- 10-New Opinons From TCA
- 00-New Opinons From TCCA
There are three ways to get the full opinion from the Web: (TBALink members only)
Lucian T. Pera
DORIS BARNES vs. CIGNA INSURANCE COMPANY Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellee: James Belew Webb Ricky L. Boren Jason C. Scott Hill & Boren, P.C. 1066 S. Main Street 1269 N. Highland Avenue P.O. Box 679 P.O. Box 3539 Milan, TN 38358 Jackson, TN 38303-3539 Judge: LAFFERTY First Paragraph: Review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the findings, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. S 50-6-225(e)(2); Stone v. City of McMinnville, 896 S.W.2d 548, 550 (Tenn. 1995). The application of this standard requires this Court to weigh in more depth the factual findings and conclusions of the trial court in a workers' compensation case. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). AFFIRMED. URL:http://www.tba.org/tba_files/TSC_WCP/barnesdo_opn.WP6 SAMMY MOORE vs. A. O. SMITH Court:TSC - Workers Comp Panel Attorneys: For the Appellee: For the Appellant: Edward L. Martindale, Jr. Kathryn S. Kibbee DREW & MARTINDALE, P.C. RAINEY, KIZER, BUTLER, REVIERE 470 North Parkway, Suite C & BELL Jackson, TN 38305 P.O. Box 1147 Jackson, TN 38302-1147 Judge: STAFFORD First Paragraph: The only issue for the Panel's consideration is whether a preponderance of the evidence supports the trial court's award of 48% permanent partial disability to each upper extremity. We find that it does and affirm the trial court's judgment as modified. URL:http://www.tba.org/tba_files/TSC_WCP/mooresam_opn.WP6 VICTOR A. WYNN vs. PERMA-FIX and THE TRAVELERS INSURANCE COMPANY Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellee: John W. Leach Richard L. Rikard 80 Monroe Avenue, Suite 500 6055 Primacy Parkway, Suite 115 Memphis, TN 38103 Memphis, TN 38119-5761 Judge: BYERS First Paragraph: Review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the findings, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. S 50-6-225(e)(2); Stone v. City of McMinnville, 896 S.W.2d 548, 550 (Tenn. 1995). The application of this standard requires this Court to weigh in more depth the factual findings and conclusions of the trial court in a workers' compensation case. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). AFFIRMED. URL:http://www.tba.org/tba_files/TSC_WCP/wynnvict_opn.WP6 IN RE: ESTATE OF CLIMER E. CONNATSER GARY MICHAEL CONNATSER vs. BEATRICE CONNATSER, EXECUTRIX Court:TCA Attorneys: GARY MICHAEL CONNATSER, Pro Se, Louisville, Appellant. ANGELIA D. MOORIE, Nicholson, Garner & Duggan, Maryville, for Appellee. Judge: McMurray First Paragraph: This is a will contest. The contestant, Gary Michael Connatser, charges in his pleadings that the testator was mentally incompetent at the time of the making of the will and further that the testator was subjected to undue influence by the legatees named in the will. The executrix, Beatrice Connatser, moved for summary judgment. Upon consideration, the court sustained the motion and entered judgment upholding the will. This appeal resulted. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCA/conatsrg_opn.WP6 CITY OF KNOXVILLE vs. GARUIN LEOTTO CURRIER Court:TCA Attorneys: GEORGE T. UNDERWOOD, JR., Knoxville, for Plaintiff-Appellee. RONALD L. GRIMM and ROBERT B. FROST, AMBROSE, WILSON, GRIMM & DURAND, Knoxville, for Defendant-Appellant. Judge: Franks First Paragraph: The City of Knoxville charged defendant with violating the City's ordinance Section 16.188, i.e., defendant sold a pawned television which was not held for ninety days before sale as required by the ordinance. REVERSED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/ctyofkno_opn.WP6 EDWARD FYE, individually and as husband of the deceased, BARBARA MAY FYE vs. ANNE D. KENNEDY and JAMES D. KENNEDY, III Court:TCA Attorneys: For Appellant For Appellees C. MARK WARREN SAMUEL R. ANDERSON Duncan, Mosley & Warren E. MATTIAS JANNERBO Chattanooga, Tennessee Luther-Anderson, PLLP Chattanooga, Tennessee CAROL A. MUTTER Lookout Mountain, Tennessee Judge: Susano First Paragraph: This is a wrongful death and loss of services action that arose out of a two-vehicle accident. Following the second of two jury trials, the trial court, acting pursuant to Rule 50, Tenn.R.Civ.P., set aside the jury's verdict for the plaintiff, Edward Fye, and directed the entry of a judgment for the remaining defendants, Anne D. Kennedy and James D. Kennedy, III. Plaintiff appealed. VACATED IN PART AFFIRMED IN PART REMANDED FOR NEW TRIAL. URL:http://www.tba.org/tba_files/TCA/fyeed_opn.WP6 JUDD'S INCORPORATED vs. DORIS L. MUIR and husband ALLAN T. MUIR and HOLLADAY-TYLER PRINTING,INC. Court:TCA Attorneys: Richard Baker, Knoxville, for Appellants, Doris L. Muir and Allan T. Muir. James H. Ripley, Sevierville, for Appellee, Judd's Inc. Edward H. Hamilton, Douglas S. Yates, Joseph P. Stapleton, Sevierville, for Appellee Holladay-Tyler Printing, Inc. Judge: INMAN First Paragraph: Muir Publishing Company, Ltd., Inc. [Muir Tennessee]. sitused in Cocke County, Tennessee, published a log home magazine. After Muir Tennessee bankrupted, two of its creditors filed this action against Doris L. Muir, President and COO of the corporation, and her husband, Allan T. Muir, sole stockholder of the corporation, to recover substantial amounts owing to each creditor, alleging that the Muirs were personally liable under the alter ego doctrine and that the corporate charter should be disregarded in order to onerate its President and sole shareholder with liability for the debts. URL:http://www.tba.org/tba_files/TCA/judds_ca3.WP6 KELLOGG COMPANY and KELLOGG, U.S.A., INC. vs. TENNESSEE ASSESSMENT APPEALS COMMISSION, STATE OF TENNESSEE, STATE BOARD OF EQUALIZATION; HAROLD S. STERLING, SHELBY COUNTY ASSESSOR; BOB PATTERSON, SHELBY COUNTY TRUSTEE, STATE OF TENNESSEE, DIVISION OF PROPERTY ASSESSMENTS, and SHELBY COUNTY, TENNESSEE Court:TCA Attorneys: ALLAN J. WADE BAKER, DONELSON, BEARMAN & CALDWELL Memphis, Tennessee Attorney for Appellants JOHN KNOX WALKUP Attorney General and Reporter JOHN J. HANCOCK Assistant Attorney General Nashville, Tennessee Attorney for Appellees Tenn. Assessment Appeals Comm., Tennessee State Board of Equalization, and State of Tennessee Division of Property Assessments THOMAS E. WILLIAMS Special Counsel-Shelby County Government Memphis, Tennessee Attorney for Appellees Shelby County, Tennessee, Bob Patterson, Shelby County Trustee, and Harold S. Sterling, Shelby County Assessor,for Appellee Holladay-Tyler Printing, Inc. Judge: FARMER First Paragraph: Kellogg Company and Kellogg, U.S.A., Inc. appeal from the judgment of the trial court dismissing their "petition for judicial review" on the ground that the court lacked subject matter jurisdiction. The petition sought review of the decision of the Tennessee Assessment Appeals Commission and the Tennessee State Board of Equalization (Board) that the Shelby County Assessor had properly assessed certain tangible personal property, identified as "Construction In Process" (CIP), owned by Kellogg on the effective date of January 1, 1993. Kellogg paid the taxes under protest. The chancery court dismissed the petition on the ground that Kellogg had failed to first exhaust its administrative remedies before seeking judicial review. The parties now agree, in light of our supreme court's decision in Thomas v. State Board of Equalization, 940 S.W.2d 563 (Tenn. 1997), that the trial court erred in dismissing the petition. It is clear from the parties' briefs that they further do not dispute that this matter is properly before this court for review on its merits and that a remand to the trial court is unnecessary. We agree that Kellogg's petition was improperly dismissed by the trial court and hereby reverse its decision. Furthermore, after review of the merits, we have determined that the taxation of Kellogg was improper. REVERSED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/kellogg_opn.WP6 ANN C. KING vs. DAVID M. KING Court:TCA Attorneys: DAVID L. VALONE, Lockridge, Becker & Valone, P.C., Knoxville, for Appellant. DAIL R. CANTRELL, Cantrell, Pratt & Varsalona, Clinton, for Appellee. Judge: McMurray First Paragraph: In this divorce action, the defendant, David M. King, (husband) challenges the equity of the trial court's division of the marital estate. He asserts that it was not an equitable division. We respectfully disagree and affirm the trial court. URL:http://www.tba.org/tba_files/TCA/kingac_opn.WP6 TERESA MELTON MOORE vs. CHRISTA MILLION FEATHERS and TRACY FEATHERS Court:TCA Attorneys: Gary E. Brewer and Leslie A. Muse, Morristown, for Appellant Robert D. Arnold, Johnson City, for Appellees. Judge: INMAN First Paragraph: Plaintiff/Appellant ["Moore"] brought this action for personal injuries resulting from an automobile accident which occurred on June 6, 1991. The trial court dismissed the claim as barred by the statute of limitations. We reverse the judgment. URL:http://www.tba.org/tba_files/TCA/moore2_ca3.WP6 HAROLD REECE & MIKE GRIMMETT vs. KAREN REDDICK & LARRY REDDICK Court:TCA Attorneys: LLOYD A. LEVITT, LEVITT & LEVITT, Chattanooga, for Plaintiffs-Appellees. LAURA BETH RUFOLO, ROBINSON, SMITH & WELLS, Chattanooga, for Defendants-Appellants. Judge: Franks First Paragraph: In this action for damages for injuries sustained as a result of an automobile accident, the Trial Judge, after a bench trial, entered judgment for the plaintiffs and defendants have appealed. URL:http://www.tba.org/tba_files/TCA/reeceh_opn.WP6 FRANK SANJURJO, ET AL. vs. LOWELL WOODS Court:TCA Attorneys: EDGAR A. WILDER, Maryville, for Plaintiffs-Appellees. ROBERT W. WHITE, SHEPHERD & WHITE, Maryville, for Defendant-Appellant. Judge: Franks First Paragraph: The determinative issue on appeal is whether restrictions in defendant's deed prevent his converting fourteen units which had comprised motel rooms, into dwelling houses on the property. The Trial Judge enjoined defendant from installing these units on the restricted property. URL:http://www.tba.org/tba_files/TCA/sanjurf_opn.WP6 DAVID A. WILHOITE, SR. vs. NINA B. PROFFITT, ET AL Court:TCA Attorneys: JAMES M. CRAIN, Knoxville, for Plaintiffs-Appellants. CLYDE A. DUNN, Newport, JAMES McSWEEN and FRED HOLT, McSWEEN & McSWEEN, Newport, and JAMES RIPLEY, SHARP & RIPLEY, Sevierville, for Defendants-Appellees. Judge: Franks First Paragraph: In this action plaintiffs sought rescission of the purchase of a motel or damages, based upon alleged fraudulent misrepresentations during negotiations for the purchase. Plaintiffs sued the owners, a real estate firm, Barbara's Real Estate, and the Trustee. On September 8, 1994, plaintiffs agreed to purchase the property and received a deed to the property on September 13, 1994. They elected not to make any payments on their loan and the property was foreclosed in November, 1995. This action was filed prior to foreclosure on February 7, 1995. URL:http://www.tba.org/tba_files/TCA/wilhoitd_opn.WP6
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