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.
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Lucian T. Pera
CHARLES F. GAULDEN, and Wife RUTH S. GAULDEN vs. ROBERT L. SCRUGGS, and Wife, JOYCE W. SCRUGGS Court:TCA ORDER ON PETITION TO REHEAR The appellants have filed an earnest and forceful petition to rehear. We have considered the petition and find it to be without merit. It is therefore ordered that the petition be overruled. URL:http://www.tba.org/tba_files/TCA/gauldenc_reh.WP6 JEANIE DIANNE (WHITE) HANNAH vs. GARY R. HANNAH; CARL ED HANNAH and wife, DIANE CARROLL HANNAH Court:TCA Attorneys: MICHAEL W. EDWARDS 177 East Main Street Hendersonville, Tennessee 37075 ATTORNEY FOR PLAINTIFF/APPELLEE ROBERT G. INGRUM Phillips & Ingrum 117 East Main Street Gallatin, Tennessee 37066 ATTORNEY FOR DEFENDANTS/APPELLANTS Judge: CAIN First Paragraph: Defendant/husband and his father and stepmother appeal a divorce decree on issues of property rights, personal property values and amount of child support. URL:http://www.tba.org/tba_files/TCA/hannahjd_opn.WP6 LESLIE A. HASSELL vs. THOMAS W. HASSELL Court:TCA Attorneys: Scott Kirk, HARDEE, MARTIN & JAYNES, P.A., Jackson, Tennessee Attorney for Defendant/Appellant. Joe H. Byrd, Jr., Jackson, Tennessee Attorney for Plaintiff/Appellee. Judge: FARMER First Paragraph: Following the trial of this matter, the court ordered the parties, Leslie A. Hassell (Wife) and Thomas W. Hassell (Husband), to be entitled to a divorce pursuant to T.C.A. S 36-4 129(b). Husband was ordered to pay Wife $500 per month as alimony in futuro and that award is the sole issue presented by Husband to this court on appeal. URL:http://www.tba.org/tba_files/TCA/hassella_opn.WP6 NOBLE NEAL KNIGHT, a non compos mentis next friend and guardian, FRED KNIGHT vs. JAMES LANCASTER, Defendant and MADGE BOGGILD Court:TCA Attorneys: Charles R. Ables of South Pittsburg For Juanita Knight, Successor to Fred Knight Timothy R. Simonds; McKoon, Billings & Gold, P.C. of Chattanooga For Appellant, Madge Boggild Jerry B. Bible of Jasper For Guardian Ad Litem Judge: CRAWFORD First Paragraph: This case involves a family dispute over the ownership of several bank and trust accounts. Plaintiff/Appellee Noble Neal Knight (Brother) and Defendant/Appellant Madge Boggild (Sister) are the brother and sister of Burma Lewis (Decedent), now deceased. After completing the third grade in his teens, Brother held various jobs throughout his life; most notably he was involved in a farming partnership with his brother, Sam Knight. When Sam Knight died in 1972, the assets of the farming partnership were divided equally between Brother and Sam Knight's estate. Following Sam Knight's death, Brother, who was in his early sixties, decided to move in with Decedent at her residence in Marion County. When the Knight family farm was sold the following year, all of the Knight siblings, including the parties, each received $10,335.56 as their share of the proceeds. URL:http://www.tba.org/tba_files/TCA/knightno_opn.WP6 MARY E. LESSLEY vs. CHARLES SHOPE, JR. Court:TCA Attorneys: JOHN KNOX WALKUP Attorney General & Reporter SUE A. SHELDON Assistant Attorney General 2nd Floor, Cordell Hull Building 425 5th Avenue, North Nashville, Tennessee 37243 ATTORNEYS FOR PETITIONER/APPELLEE COLLIER W. GOODLETT Assistant Public Defender 19th Judicial District 109 S. Second Street Clarksville, Tennessee 37040 ATTORNEY FOR RESPONDENT/APPELLANT Judge: CAIN First Paragraph: This case involves an appeal from an order of the Circuit Court of Robertson County, Tennessee, imposing a fifty dollar ($50.00) fine upon the appellant together with a ten (10) day jail sentence for contempt of court in failing to pay child support. URL:http://www.tba.org/tba_files/TCA/lessleym_opn.WP6 JAMES E. McGAUGH, JR. vs. CHARLES F. and JOYCE L. GALBREATH vs. THOMAS LAWLESS and FIRST AMERICAN NATIONAL BANK Court:TCA Attorneys: THOMAS E. STEWART Stewart & Black 333 Gallatin Road, South Madison, Tennessee 37115 ATTORNEY FOR APPELLEE JAMES E. McGAUGH, JR. ERIC V. HELMERS 721 First American Center Nashville, Tennessee 37237 ATTORNEY FOR APPELLEE FIRST AMERICAN NATIONAL BANK THOMAS W. LAWLESS, Pro Se Lawless & Associates 315 Deaderick Street Nashville, Tennessee 37238 CHARLES GALBREATH 211 Union Street, Suite 901 Nashville, Tennessee 37201 ATTORNEY FOR APPELLANTS CHARLES and JOYCE GALBREATH Judge: BUSSART First Paragraph: This suit involves the transfer of a piece of real estate located in Madison, Tennessee on which is situated a commercial doughnut bakery. The title of the Property is vested in Defendant Charles Galbreath and was conveyed to Mr. Galbreath by deed from DH Restaurants, Inc. Mr. Galbreath leased the property to Diversified Hospitality Group ("Diversified"), and shortly thereafter, Diversified subleased the property to Shipley Do-Nuts of which Plaintiff James McGaugh is the principal owner. URL:http://www.tba.org/tba_files/TCA/mcgaughj_opn.WP6 PENNY POSTELLE vs. DR. GENE SNEAD, Individually and d/b/a EMERGENCY CHIROPRACTIC CLINIC Court:TCA Attorneys: John M. Cannon, CANNON, CANNON & COOPER, P.C., Goodlettsville, Tennessee Attorney for Defendant/Appellant. Stephen Crofford, PARKER, ALLEN & CROFFORD, Nashville, Tennessee Attorney for Plaintiff/Appellee. Judge: FARMER First Paragraph: This case addresses the issue of whether the dismissal of an action for failure to prosecute in general sessions court operates as an adjudication on the merits, thus barring a subsequent suit on the same cause of action under the doctrine of res judicata, absent local rule. The appellant, Dr. Gene Snead, individually, and d/b/a Emergency Chiropractic Clinic (hereinafter "Snead"), has appealed from the summary judgment entered by the trial court in favor of the appellee, Penny Postelle ("Postelle"), which holds that such dismissal is not an adjudication on the merits and that the res judicata doctrine is not an available defense to Snead in the present action. After review of the record, we affirm the judgment of the trial court for the reasons hereinafter stated. URL:http://www.tba.org/tba_files/TCA/postelpe_opn.WP6 SOUTHERN TIN COMPRESS CORP., A Tennessee Corporation, vs. MARK HILLER An Individual Resident of Tennessee; R. L. GOODNER An Individual Resident of Tennessee; QUALITY MARINE SERIVCE, INC. A Tennessee Corporation; HORIZON PRODUCTS UNLIMITED CO., INC., A Tennessee Corporation Court:TCA Attorneys: John R. Branson, Anthony Sammons Branson & Bearman of Memphis For Plaintiff-Appellee Charles A. Sevier Sevier & Phillips of Memphis For Defendants-Appellants Judge: CRAWFORD First Paragraph: This appeal involves a suit for fraud. Defendants, Mark Hiller, R. L. Goodner, Quality Marine Service, Inc., and Horizon Products Unlimited, Co. Inc., appeal the trial court's judgment awarding plaintiff, Southern Tin Compress Corp., compensatory and punitive damages. Southern Tin contends that it was defrauded by the defendants out of more than $500,000.00 over a 28-month period. Southern Tin is a commercial dealer in scrap metal, and appellant Mark Hiller was a Southern Tin employee until 1992, when his role in the fraud with appellant R.L. Goodner was discovered. URL:http://www.tba.org/tba_files/TCA/southtin_opn.WP6 SUSAN K. TODD and STATE OF TENNESSEE vs. WEAKLEY COUNTY d/b/a WEAKLEY COUNTY NURSING HOME and NINA SNYDER, Individually, DAVID BRADLEY, Individually, SHIRLEY INSCO, Individually, and SHARON JENNINGS, Individually Court:TCA Attorneys: JOHN KNOX WALKUP Attorney General & Reporter MICHAEL E. MOORE Solicitor General MARY BYRD FERRARA Assistant Attorney General Nashville, Tennessee Attorneys for Appellant State of Tennessee THOMAS H. RAINEY ANGELA C. YOUNGBERG RAINEY, KIZER, BUTLER, REVIERE & BELL, P.L.C. Attorneys for Defendants/Appellees Judge: HIGHERS First Paragraph: The State of Tennessee, as the intervenor in this medical malpractice action brought by Plaintiff Susan K. Todd, appeals the trial court's order which granted the motion to dismiss filed by Defendants Nina Snyder, David Bradley, Shirley Insco, and Sharon Jennings. In granting the Defendants' motion to dismiss, the trial court ruled that certain provisions of the Tennessee Governmental Tort Liability Act relating to health care practitioners were unconstitutional in that they were vague, they violated equal protection principles, and they violated the Defendants' right to a jury trial. Contrary to the trial court's ruling, we conclude that the challenged statutory provisions withstand constitutional scrutiny and, thus, we reverse that portion of the trial court's judgment eliding the provisions. URL:http://www.tba.org/tba_files/TCA/toddsk_opn.WP6 ROBERT E. WALL vs. CITY OF PARIS, TENNESSEE, and DIANA PIERCE d/b/a DIANA'S LIMITED also known as DIANA'S Court:TCA Attorneys: For the Plaintiff/Appellant: For the Defendants/Appellees: Michael A. Jaynes Fred N. McLean D. Tyler Kelly Paris, Tennessee Charles L. Trotter, Jr. Jackson, Tennessee Judge: LILLARD First Paragraph: The plaintiff in this case tripped and fell on a city sidewalk. After a bench trial, the trial court found that the sidewalk was not dangerous or unsafe under the Tennessee Governmental Tort Liability Act. We affirm. URL:http://www.tba.org/tba_files/TCA/wallre_opn.WP6 ARAH ANN WILKERSON vs. ROBERT WILKERSON Court:TCA Attorneys: Kim G. Sims of Memphis For Defendant-Appellant Jerry Stokes of Memphis for Defendant For Plaintiff-Appellee Judge: CRAWFORD First Paragraph: This is a divorce case involving a dispute over the distribution of marital property. Robert Wilkerson (Husband) appeals the judgment of the trial court awarding him $25,000.00, representing 38.5 % of the value of the marital home, while awarding the remainder of the marital property to Wife as alimony in solido. URL:http://www.tba.org/tba_files/TCA/wilkersa_opn.WP6 WORTHER WILLIAMS vs. ROBERT W. STEWARD Court:TCA Attorneys: Andrew Hume Owens of Memphis For Defendant-Appellant Marvin S. Bernatsky of Memphis For Plaintiff-Appellee Judge: CRAWFORD First Paragraph: This is an automobile personal injury case. Defendant Robert W. Steward appeals the judgment of the trial court on a jury verdict for plaintiff, Worther Williams. URL:http://www.tba.org/tba_files/TCA/willwort_opn.WP6
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