TBALink Opinion-Flash

July 7, 1998 -- Volume #4 -- Number #103

What follows is the case style or name, first paragraph, author's name, and the names of the attorneys for the parties of each opinion released today from Tennessee's three appellate courts.

This Issue (IN THIS ORDER):
03-New Opinons From TSC
00-New Opinons From TSC-Rules
02-New Opinons From TSC-Workers Comp Panel
00-New Opinons From TCA
00-New Opinons From TCCA

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Lucian T. Pera
Editor-in-Chief, TBALink



IN RE:  GUY S. DAVIS    

Court:TSC

Attorneys:  

For Guy S. Davis                    For Board of Professional
Guy S. Davis, Pro Se                Responsibility
P. O. Box 742                       Sandy Garrett
Dyersburg, Tennessee  38025         Disciplinary Counsel
                                    Nashville, Tennessee                        

Judge: ANDERSON

First Paragraph:

This matter is before the Court to determine whether the respondent,
Guy S. Davis, should be held in contempt for practicing law after the
entry of a thirty-day temporary suspension. After consideration of the
record and the arguments of the parties, we conclude that Davis
willfully and knowingly violated the order of temporary suspension on
one occasion.  We therefore hold Davis in contempt and impose a
sentence of confinement for one day, suspended on the condition that
he fully comply with the rules and orders of this Court.

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

IN RE:  DANNY K. DOCKERY    

Court:TSC

Attorneys: 

For Danny Dockery:                  For Board of Professional
Danny K. Dockery                    Responsibility:
Pro Se                              Laura L. Chastain
1384 Catherine Street               Deputy Chief Disciplinary Counsel
Memphis, Tennessee  38111           Nashville, Tennessee                         

Judge: ANDERSON

First Paragraph:

This case arose out of a petition for order of contempt filed by the
Board of Professional Responsibility alleging that Danny Kaye Dockery
violated an order of suspension previously entered by this Court by
failing to comply with Tenn. Sup. Ct. R. 9, S 18.  The provisions of
Rule 9 require a suspended attorney to notify clients of an order of
suspension, move for withdrawal from pending cases, provide notice to
adverse attorneys when clients have not obtained substitute counsel,
and refrain from accepting new clients. After considering the petition
and Dockery's responses, this Court appointed Judge William Acree to
serve as Special Master to resolve any and all factual issues raised
by the parties. Accordingly, it is the judgment of this Court that
Danny Kaye Dockery is adjudged in contempt for violating the order of
suspension by failing to comply with Tenn. Sup. Ct. R. 9, S 18.  Mr.
Dockery is hereby sentenced to five days in jail, suspended upon the
condition that he refrain in the future from the type of conduct set
forth in the contempt petition and otherwise complies with the rules
of this Court with regard to his suspension.

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

IN RE:  JOHN MARK HANCOCK   

Court:TSC

Attorneys: 

For John Mark Hancock:                  For Board of Professional
Ralph E. Harwell                        Responsibility:
RALPH E. HARWELL, P.C.                  William W. Hunt, III
Knoxville, Tennessee                    Disciplinary Counsel
                                        Nashville, Tennessee                         

Judge: ANDERSON

First Paragraph:

This case arose out of a petition for order of contempt filed in this
Court by the Board of Professional Responsibility against John Mark
Hancock.  The petition alleged that Hancock violated an order of
suspension previously entered by this Court by failing to comply with
Tenn. Sup. Ct. R. 9, S 18, which requires a suspended attorney to
notify clients of an order of suspension, move for withdrawal from
pending cases, provide notice to adverse attorneys when clients have
not obtained substitute counsel, and refrain from taking new cases.

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

CECIL L. HANNER, SR.
vs.
RUAN TRANSPORTATION CORPORATION

Court:TSC - Workers Comp Panel

Attorneys:  

For the Appellant:                  For the Appellee:
Wesley R. Kliner, Jr.               Pamela R. O'Dwyer
Jeffrey P. Boyd                     Paty, Rymer & Ulin, P.C.
Allen & Kiner, P.L.L.C.             19 Patten Parkway
P.O. Box 23583                      Chattanooga, TN  37402
Chattanooga, TN  37422                        

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/hambvjin_opn.WP6
Opinion-Flash

HAMBLEN COUNTY BOARD OF EDUCATION
vs.      
MICHAEL JINKS

Court:TSC - Workers Comp Panel

Attorneys: 

For Appellant:                          For Appellee:
J. Eric Harrison                        Mark S. Stapleton
Wimberly, Lawson & Seale                Terry, Terry & Stapleton
Knoxville, Tennessee                    Morristown, Tennessee                         

Judge: Loser

First Paragraph:

The appellant contends the evidence preponderates against the trial
court's finding that the battering of a school teacher in a school
corridor by a student arose out of and in the course of the teacher's
employment.  The appellee insists the appeal is frivolous.  As
discussed below, the panel has concluded the judgment should be
affirmed, but declines to award damages for a frivolous appeal.

URL:http://www.tba.org/tba_files/TSC_WCP/hannerce_wc.WP6

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