TBALink Opinion-Flash

July 31, 1998 -- Volume #4 -- Number #112

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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00-New Opinons From TSC
00-New Opinons From TSC-Rules
00-New Opinons From TSC-Workers Comp Panel
09-New Opinons From TCA
03-New Opinons From TCCA

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Lucian T. Pera
Editor-in-Chief, TBALink

ROBERT LEE ANDERSON
vs.
REBECCA ANN ANDERSON

Court:TCA
First Paragraph:

It appears in this case that a hearing was held before the trial court
on November 24, 1997 concerning a petition for change of custody of
the minor child, Robert Lee Anderson, Jr.  Judgment was entered on
that date, and on the following day, November 25, 1997, a motion to
set aside default judgment was filed by the appellant in this case,
Rebecca Ann Anderson, asserting, among other things, that she had no
notice of the hearing.  This motion was heard on December 16, 1997 and
on January 5, 1998 an order was entered by the trial court denying the
motion to set aside the November 24, 1997 order.

URL:http://www.tba.org/tba_files/TCA/anderson_ord_WP6
Opinion-Flash



BENNY N. BLANKENSHIP
and SHEILA BLANKENSHIP
and
BLUECROSS BLUESHIELD OF
TENNESSEE, as administrator
of TennCare for the State of
Tennessee
vs.
ESTATE OF JOSHUA D. BAIN and
BOB WILLIAMS FORD 
LINCOLN-MERCURY

Court:TCA
Attorneys:

David E. High of Nashville
John Pellegrin of Gallatin
For Appellees

Jerome J. Cohen of Nashville
For Appellant                          

Judge:CRAWFORD

First Paragraph:

The sole issue in this case is whether the statutory subrogation
and/or assignment provisions of the Tennessee TennCare Program are
subject to the common law "made whole" doctrine.

URL:http://www.tba.org/tba_files/TCA/blankben_opn.WP6
Opinion-Flash



LORRI LISA CAPPS
vs.
DAVID WAYNE CAPPS

Court:TCA
Attorneys:

ANTHONY E. HAGAN
107  S. Cumberland
Lebanon, Tennessee  37087 
ATTORNEY FOR PLAINTIFF/APPELLANT
CONNIE REGULI
353 Wimpole Drive
Nashville, Tennessee  37211
ATTORNEY FOR DEFENDANT/APPELLEE                          

Judge:CAIN

First Paragraph:

The only issue on appeal in this divorce case is whether or not the
trial court erred in awarding custody of the seven year old daughter
of the parties to the husband rather than to the wife.

URL:http://www.tba.org/tba_files/TCA/cappsl_opn.WP6
Opinion-Flash



YVETTE PATRICE GARRETT
vs. 
JAMES EDWARD GRAY, JR.

Court:TCA
Attorneys: 

James W. Price, Jr.
Suite 1230
First American Center
Nashville, Tennessee 37238-1230
ATTORNEY FOR PLAINTIFF/APPELLANT

James E. Gray, Jr.
6393 Valley Oak Drive
Memphis, Tennessee 38141
PRO-SE FOR DEFENDANT/APPELLEE                         

Judge:TODD

First Paragraph:

This appeal involves the enforcement of the support provisions of a
paternity judgment of the Juvenile Court.

URL:http://www.tba.org/tba_files/TCA/garretty_opn.WP6
Opinion-Flash



INFINITY ENTERTAINMENT CORP
formerly OLYMPUS ENTERTAINMENT
INC., and RICCI MARENO  
VS.                         
DAVID SUTTON, Individually and.
d/b/a DAVID SUTTON MUSIC,
TIM HADLER a/k/a TIMOTHY
MICHAEL HADLER, ANGELA SAVAGE
HADALLER, and MARK BERNARD
a/k/a) ZYLER BEA

Court:TCA
Attorneys: 

Franklin D. Brabson, Esq., #3890
2806 Natchez Trace
Nashville, Tennessee 37212
ATTORNEY FOR PLAINTIFFS/APPELLANTS

James H. Harris, III, #2731
49 Music Square West, Suite 600
Nashville, Tennessee 37203
ATTORNEY FOR JIM HADLER/DEFENDANTS/APPELLEES

Joe T. Childress, #9929
300 James Robertson Parkway, Second Floor
Nashville, Tennessee 37201
ATTORNEY FOR DAVID SUTTON/DEFENDANT/APPELLEE                         

Judge:TODD

First Paragraph:

The captioned plaintiffs have filed successive notices of appeal from
successive summary  judgment dismissing all defendants.

URL:http://www.tba.org/tba_files/TCA/infinite_opn.WP6
Opinion-Flash



THOMAS HORACE JOINER
vs.
DORA BELL TAYLOR JOINER

Court:TCA
Attorneys:

Jack Rudolph
107 North Third Street
P.O. Box 925
Clarksville, Tennessee 37041-0925
ATTORNEY FOR PLAINTIFF/APPELLEE

David D. Wolfe
505 West College Street
Dickson, Tennessee 37055
ATTORNEY FOR DEFENDANT/APPELLANT                          

Judge:TODD

First Paragraph:

The defendant, Dora Bell Taylor Joiner, has appealed from the judgment
of the Trial Court denying her relief from a divorce decree under the
provisions of TRCP Rule 60.02.

URL:http://www.tba.org/tba_files/TCA/joinerhj_opn.WP6
Opinion-Flash



KRISTEN TATUM and JULIE DURR
vs.
THE UNIVERSITY OF TENNESSEE

Court:TCA
Attorneys: 

JOHN D. AGEE
COOLEY, COOLEY & AGEE
Kingston, Tennessee
Attorney for Appellant

BEAUCHAMP E. BROGAN
GENERAL COUNSEL
THE UNIVERSITY OF TENNESSEE
Knoxville, Tennessee
Attorney for Appellee                         

Judge:HIGHERS

First Paragraph:

The University of Tennessee at Knoxville ("University") found the
appellants, Kristen Tatum ("Tatum") and Julie Durr ("Durr" )
(collectively "appellants"), guilty of "academic cheating or
plagiarism" in the completion of a take-home examination in violation
of University of Tennessee rule 1720-4-3.03(1)(a).  As punishment, the
University placed appellants on indefinite disciplinary suspension. 
The Chancery Court of Davidson County affirmed the University's
action.  On appeal, appellants assert that the finding of guilt was
not supported by substantial and material evidence.  For reasons
stated hereinafter, we affirm the trial court's order.

URL:http://www.tba.org/tba_files/TCA/tatumk_opn.WP6
Opinion-Flash



ROZANNE F. WRIGHT (FOLK-SCHMIDT)
vs.
JAN H. SCHMIDT

Court:TCA
Attorneys:

ROBERT A. ANDERSON
Nashville, Tennessee
Attorney for Appellant

PHILIP E. SMITH
Nashville, Tennessee
Attorney for Appellee                          

Judge:HIGHERS

First Paragraph:

This is an appeal from a post-divorce non-jury hearing on an Amended
Petition to Increase Support and for Contempt and on an Amended
Counter Petition for sole custody of Jacqueline Schmidt
("Jacqueline"), the only child of the parties.  Plaintiff/Appellant,
Rozanne F. Wright ("Wright"), appeals the judgment of the trial court
awarding her attorney's fees in the amount of $3,000; failing to award
her costs of depositions incurred because of defendant/appellee's, Jan
H. Schmidt ("Schmidt"), counter claim for sole custody that was
dropped before proof was taken at trial; failing to require Schmidt to
 reimburse her for sums spent in procuring special education for
Jacqueline prior to the November 20, 1996, hearing; failing to deviate
upwards from the child support guidelines in awarding an increase in
support; and allowing Schmidt to pay installment payments on back
support judgment award.  For reasons stated hereinafter, we affirm the
judgment of the trial court in part and reverse in part.

URL:http://www.tba.org/tba_files/TCA/wrightrf_opn.WP6
Opinion-Flash



JOHANNA TRAVIS
vs.
MARTIN L. TRAVIS

Court:TCA
Attorneys:

J. Thomas Caldwell, Ripley, Tennessee
Attorney for Defendant/Appellant.

Cyburn H. Sullivan, Covington, Tennessee
James H. Bradley, Covington, Tennessee
Attorney for Plaintiff/Appellee.                          

Judge:FARMER

First Paragraph:

This is a divorce case.  The parties, Martin L. Travis (Husband) and
Johanna Travis (Wife), married in February 1984, separated in
September 1995 and were divorced by final decree entered in June 1997.
 Three children were born of the marriage: Joshua Daniel, born April
19, 1985, Alexandria Faith, born August 18, 1987, and Nicholas Hunter,
born January 3, 1993.  Husband has appealed from the final decree,
challenging the correctness of the trial court's decision to award
sole custody of the children to Wife.  He has also raised additional
issues relating to the children.

URL:http://www.tba.org/tba_files/TCA/travisy_opn.WP6
Opinion-Flash



STATE OF TENNESSEE
vs.
CHRISTOPHER BROWN

Court:TCCA
Attorneys: 

FOR THE APPELLANT:          FOR THE APPELLEE:

William H. Bell             John Knox Walkup
Attorney at Law             Attorney General & Reporter
P.O. Box 1876
Greeneville, TN 37743       Clinton J. Morgan
                            Counsel for the State
                            Cordell Hull Building, 2d Floor 
                            425 5th Avenue North
                            Nashville, TN 37243-0493

                            C. Berkeley Bell, Jr.
                            District Attorney General  
                        
                            Eric D. Christiansen
                            Assistant District Attorney General
                            109 South Main Street
                            Greeneville, TN 37743           
                                                 

Judge:SUMMERS

First Paragraph:

Christopher Brown was charged with reckless driving in violation of
Tennessee Code Annotated S 55-10-205 (1993); driving a motorcycle
without a  helmet in violation of Tennessee Code Annotated S 55-9-302
(1993); and driving a motorcycle without a windshield, safety goggles,
face shield, or glasses in violation of Tennessee Code Annotated S
55-9-304 (1993).  A mistrial occurred in December 1996.  After a jury
trial on January 22, 1997, the appellant was convicted on all three
charges.  That same day the trial court conducted a sentencing
hearing.  The appellant was sentenced to six months for the reckless
driving conviction, to thirty days for failure to wear a helmet, and
to thirty days for failure to have a motorcycle windshield.  All three
sentences were to be served at thirty percent and were to run
concurrently.

URL:http://www.tba.org/tba_files/TCCA/brownchr_opn.WP6
Opinion-Flash



STATE OF TENNESSEE
vs.
CEDRIC FRANKLIN

Court:TCCA
Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

Cedric Franklin, Pro Se         John Knox Walkup
P.O. Box 1050                   Attorney General & Reporter 
Henning, TN 38041
                                Marvin E. Clements, Jr.
                                Assistant Attorney General
                                Criminal Justice Division
                                Cordell Hull Building, 2nd Floor
                                425 Fifth Avenue North
                                Nashville, TN 37243

                                William L. Gibbons
                                District Attorney General

                                James M. Lammey
                                Assistant District Attorney General
                                201 Poplar Avenue, Suite 301
                                Memphis, TN 38103                          

Judge:SUMMERS

First Paragraph:

In January 1994, the appellant pled guilty to second degree murder and
especially aggravated robbery.  Pursuant to the terms of a negotiated
plea, he was sentenced to thirty-five years as a Range II offender for
second degree murder and twenty years as a Range I offender for
especially aggravated robbery, to run concurrently.  In May 1996, the
appellant filed a petition for post conviction relief alleging that
his thirty-five-year sentence for second degree murder is void because
he does not qualify as a Range II offender.  After a hearing, the
trial court dismissed the petition.  Thereafter, the appellant filed a
petition for a writ of error coram nobis alleging the same grievance. 
The trial court dismissed the petition and this appeal followed.  The
issue is whether the trial court erred in dismissing the petition.  We
find no error and affirm the judgment of the trial court.

URL:http://www.tba.org/tba_files/TCCA/franklin_opn.WP6
Opinion-Flash



STATE OF TENNESSEE
vs.
CHRISTOPHER A. WILLIAMS

Court:TCCA
Attorneys: 

For Appellant:                  For Appellee:

James V. Ball                   John Knox Walkup
Attorney at Law                 Attorney General & Reporter
217 Exchange Avenue             
Memphis, TN  38105              Peter M. Coughlan
                                Assistant Attorney General
                                425 Fifth Avenue North
                                Cordell Hull Building, Second Floor
                                Nashville, TN  37243-0493
                            
                                Patience Branham
                                Assistant District Attorney General
                                Criminal Justice Complex
                                201 Poplar Street, Suite 301
                                Memphis, TN  38103                         

Judge:WADE

First Paragraph:

The defendant, Christopher A. Williams, was indicted for first degree
murder, felony murder and attempted aggravated robbery and tried as an
adult.  The first trial ended in a mistrial.  In the second trial, the
jury could not reach a verdict on either of the murder indictments but
found the defendant guilty of attempted aggravated robbery.  The
defendant, fourteen years old at the time of the offense, was
sentenced as a Range I offender to six years in the county workhouse
and fined $1,000.00.  In this appeal of right, the defendant
challenges the sufficiency of the evidence.

URL:http://www.tba.org/tba_files/TCCA/williams_wpd.WP6

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