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.

This Issue (IN THIS ORDER):
00-New Opinons From TSC
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09-New Opinons From TCA
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Lucian T. Pera
Editor-in-Chief, TBALink


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.



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


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


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


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


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


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


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


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


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


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


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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