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
ALLSTATE INSURANCE COMPANY vs. W. ZANE DANIEL Court:TCA Attorneys: W. ANDREW FOX Knoxville, Tennessee Attorney for Appellant W. ZANE DANIEL DANIEL & OBERMAN Knoxville, Tennessee Attorney for Appellee Judge:HIGHERS First Paragraph: Plaintiff/appellant, Allstate Insurance Company ("appellant"), appeals the judgment of the trial court awarding defendant/appellee, W. Zane Daniel ("appellee"), one-third of appellant's subrogation funds. For reasons stated hereinafter, we affirm the trial court's judgment. URL:http://www.tba.org/tba_files/TCA/allstate_opn.WP6 HENRY DANIEL ANDREWS vs. LUBRICON, L.P., PROGRESSIVE CAPITAL INVESTMENT CORP., and CRAMER ENTERPRISES, INC. Court:TCA Attorneys: MICHAEL B. NEAL KRIVCHER MAGIDS PLC Memphis, Tennessee Attorney for Appellants RALPH D. GOLDEN GOLDEN & MATHIS Memphis, Tennessee Attorney for Appellee Judge: HIGHERS First Paragraph: This appeal is taken from the judgment of the Shelby County Chancery Court which held that the plaintiff was entitled to a judgment against the defendants for $263,636.71 arising from an unpaid debt obligation and unpaid consulting fees. After due consideration of the appeal, the Court affirms the ruling of the trial court. URL:http://www.tba.org/tba_files/TCA/andrewsh_opn.WP6 PATRICIA P. ASHE vs. RADIATION ONCOLOGY ASSOCIATES and STEVEN L. STROUP, M.D. Court:TCA Attorneys: DAVID RANDOLPH SMITH ROBERT BLAKE MENZEL David Randolph Smith & Associates Nashville, Tennessee 37203 ATTORNEYS FOR PLAINTIFF/APPELLANT THOMAS A. WISEMAN, III NationsBank Plaza, Suite 1900 414 Union Street Nashville, Tennessee 37219-1782 ATTORNEY FOR DEFENDANTS/APPELLEES Judge: CAIN First Paragraph: This case was tried before a jury in the Circuit Court in Davidson County on two issues to-wit: (1) informed consent and (2) professional negligence. On the issue of informed consent the trial court directed a verdict for the defendant at the conclusion of the plaintiff's proof. On the issue of professional negligence a mistrial was declared when the jury was unable to agree on a verdict. The case is now before this court on the sole issue of informed consent. URL:http://www.tba.org/tba_files/TCA/ashep_opn.WP6 PATRICIA P. ASHE vs. RADIATION ONCOLOGY ASSOCIATES and STEVEN L. STROUP, M.D. Court:TCA First Paragraph: On July 10, 1998 an opinion was released in this case. On July 13, 1998 the Supreme Court released the opinion in Blanchard v. Kellum, No. 02-S-01-9709-CV-00083. While Blanchard v. Kellum has no effect on the disposition of this case, certain of the language in this case relative to informed consent must be altered in order to conform with Blanchard. The opinion of July 10, 1998 in this case is hereby withdrawn and the revised opinion this day released is substituted for the withdrawn July 10, 1998 opinion. URL:http://www.tba.org/tba_files/TCA/ashep_ord.WP6 RENAISSANCE FINANCIAL SERVICES, INC. vs. RONALD K. BILLBURY and DIANA D. BILLBURY Court:TCA Attorneys: DUDLEY W. TAYLOR, The Taylor Law Firm, Knoxville, for Appellants. HENRY T. OGLE, Knoxville, for Appellee. Judge:McMurray First Paragraph: Plaintiff Renaissance Financial Services, Inc., brought this action against Ronald and Diana Billbury to recover a contractual fee for services allegedly rendered in procuring a bank loan commitment, intended to finance the Billburys' purchase of a marina. The Billburys argued that they were not responsible for the fee because the president of Renaissance, Clifford C. Renfro, Jr., breached his fiduciary duty to them by not diligently seeking the financing package outlined in the parties' contract. The trial court found that under the clear and unambiguous terms of the contract, payment of the "mortgage banking fee" was due to Renaissance, and held the Billburys responsible for the fee. The Billburys have appealed from this judgment. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCA/billbury_opn.WP6 RICKY EARLS vs. RICKY BELL Court:TCCA First Paragraph: This matter is before the Court upon the state's motion requesting that the judgment in the above-styled cause be affirmed pursuant to Rule 20, Tennessee Court of Criminal Appeals Rules. Upon reviewing the record and the pleadings in this case, we find that it is an appropriate matter for affirmance under Rule 20. URL:http://www.tba.org/tba_files/TCCA/earlsr3_ord.WP6 STATE OF TENNESSEE vs. ROBERT FOX Court:TCCA First Paragraph: This matter is before the Court upon the state's Motion to Dismiss. Specifically, the state contends that the appellant failed to properly certify the questions of law raised in this appeal. The appellant opposes the motion. Upon reviewing the pleadings and the entire record on appeal, we find that the appellant has failed to properly reserve the right to appeal a certified question of law, and therefore, we dismiss the appeal. URL:http://www.tba.org/tba_files/TCCA/foxr1_ord.WP6 JULIUS GOODMAN vs. STATE OF TENNESSEE Court:TCCA First Paragraph: This matter is before the Court upon the state's motion to affirm the judgment pursuant to Rule 20, Tennessee Court of Criminal Appeals Rules. After reviewing the record, the state's motion, and the appellant's brief, we find that the above-styled appeal should be dismissed. URL:http://www.tba.org/tba_files/TCCA/goodmanj_ord.WP6 DON L. HANCOCK vs. STATE OF TENNESSEE Court:TCCA First Paragraph: This matter is before the Court upon the state's motion requesting that the judgment in the above-styled cause be affirmed pursuant to Rule 20, Tennessee Court of Criminal Appeals Rules. Finding that the trial court lacked jurisdiction to consider the appellant's claim, we affirm the denial of the appellant's petition for habeas corpus relief. URL:http://www.tba.org/tba_files/TCCA/hancock_ord.WP6 STATE OF TENNESSEE vs. LESA MAE MALONE Court:TCCA Attorneys: FOR THE APPELLANT FOR THE APPELLEE Robert H. Plummer, Jr. John Knox Walkup 415 Bridge Street Attorney General and Reporter P. O. Box 1361 425 Fifth Avenue, North Franklin, TN 37065-1361 Nashville, TN 37243 Karen M. Yacuzzo Assistant Attorney General 425 Fifth Avenue, North Nashville, TN 37243 W. Michael McCown District Attorney General Marshall County Courthouse Lewisburg, TN 37091 Weakley E. Barnard Assistant District Attorney General Marshall County Courthouse Lewisburg, TN 37091 Judge:LAFFERTY First Paragraph: The defendant, Lesa Mae Malone, appeals as of right from the length and manner of service of a sentence imposed by the Marshall County Circuit Court for theft of over $60,000, a Class B felony. She received a sentence of ten (10) years in the Department of Correction. The defendant complains the trial court: (1) improperly denied the alternative sentencing of community corrections, (2) improperly used the defendant's pretrial diversion from 1984 as a conviction and also an element of the crime to enhance the punishment, and (3) improperly used the concept of deterrence when there was no evidence to that effect in the record. After a review of the evidence in this record, the briefs of the parties, and the applicable law, we affirm the trial court's judgment. URL:http://www.tba.org/tba_files/TCCA/malonelm_opn.WP6 TONY EDWARD MEADOWS vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: GREG KING 222 Second Avenue North Suite 360 M Nashville, TN 37201 FOR THE APPELLEE: JOHN KNOX WALKUP Attorney General and Reporter LISA A. NAYLOR Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 VICTOR S. JOHNSON, III District Attorney General STEVE R. DOZIER Assistant District Attorney General Washington Square 222 Second Avenue, North Suite 500 Nashville, TN 37201 Judge:MOORE First Paragraph: The petitioner, Tony Edward Meadows, appeals the dismissal of his petition for post-conviction relief. Petitioner pleaded guilty to three (3) counts of aggravated burglary in Case No. 94-D-2180; two (2) counts of aggravated burglary in Case No. 94-D-2181; and two (2) counts of aggravated burglary in Case No. 94-D-2128. Petitioner received an effective sentence of eighteen (18) years as a Range I Offender. Petitioner was ordered to serve five (5) years on community corrections and the remaining thirteen (13) years on supervised probation. In April, 1996, petitioner's sentence on community corrections was revoked and his original sentence was imposed. On appeal, petitioner raises the issue of ineffective assistance of counsel for the following reasons: 1. Petitioner's plea was not made voluntarily, intelligently and understandably as a result of trial counsel's omissions. 2. Trial counsel made little or no independent investigation of the facts and circumstances surrounding the charges. 3. Trial counsel failed to adequately inform petitioner of the law and defenses of petitioner's case. 4. Trial counsel failed to zealously represent petitioner during plea negotiations. After a review of the post-conviction record on appeal and the applicable law, the Court affirms the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/meadowst_opn.WP6 WILLIAM RADLEY vs. STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: C. Diane Crosier John Knox Walkup Assistant Public Defender Attorney General & Reporter 407 C. Main Street P.O. Box 68 Clinton J. Morgan Franklin, TN. 37065-0068 Assistant Attorney General 425 Fifth Avenue North 2d Floor, Cordell Hull Building Nashville, TN. 37243-0493 Joseph D. Baugh, Jr. District Attorney General Derek K. Smith Assistant District Attorney Williamson Co. Cthse., Ste. G-6 P.O. Box 937 Franklin, TN. 37065-0937 Judge: BARKER First Paragraph: The appellant, William Radley, appeals as of right from the Williamson County Circuit Court's dismissal of his petition for post-conviction relief. Appellant's sole issue on appeal is that his trial counsel was ineffective in failing to timely file an application for permission to appeal to the Supreme Court following this Court's decision in the direct appeal. He contends that he is entitled to a delayed application for permission to appeal to the Supreme Court in accordance with Pinkston v. State, 668 S.W.2d 676 (Tenn. Crim. App. 1984), perm. app. denied (Tenn. March 19, 1984). URL:http://www.tba.org/tba_files/TCCA/radleywr_opn.WP6
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