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.
- 05-New Opinion(s) from the Tennessee Supreme Court
- 01-New Opinion(s) from the Tennessee Supreme Court Workers Comp Panel
- 00-New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
- 09-New Opinion(s) from the Tennessee Court of Appeals
- 01-New Opinion(s) from the Tennessee Court of Criminal Appeals
- 00-New Judicial Ethics Opinion(s)
- 00-New Formal Ethics Opinion(s) from the Board of Professional Responsibility
There are three ways to get the full opinion from the Web: (TBALink members only)
Lucian T. Pera
STATE OF TENNESSEE VS. WILLIAM E. HALL AND DERRICK D. QUINTERO Court:TSC Judge:DROWOTA First Paragraph: A petition for rehearing has been filed on behalf of the appellants. After consideration of the same, a majority of the Court is of the opinion that the petition should be and the same is hereby denied at the cost of appellant. URL:http://www.tba.org/tba_files/TSC/hall&qui_prh.WP6 DENNIS R. KINZIG VS. JERRY ARINO Court:TSC Judge:PER CURIAM First Paragraph: We granted the appellant's Rule 10 Application for Extraordinary Appeal in order to review the decision of the Middle Section of the Court of Appeals. After due consideration of the briefs, applicable authority, and oral argument of the parties, we conclude that the appeal was improvidently granted. It is, therefore, ORDERED that the appeal is hereby dismissed at costs to the appellant for which execution may issue if necessary. URL:http://www.tba.org/tba_files/TSC/kinzig_ord.WP6 JABARI ISSA MANDELA VS. DONAL CAMPBELL, COMMISSIONER, THE TENNESSEE DEPARTMENT OF CORRECTION LUTHER DAVIS VS. JIM ROSE, ASSISTANT COMMISSIONER OF THE TENNESSEE DEPARTMENT OF CORRECTION; KEVIN MYERS, WARDEN; AND RUSTY HARVILLE, DISCIPLINARY BOARD CHAIRMAN Court:TSC Attorneys: FOR APPELLANTS MANDELA AND FOR APPELLEES CAMPBELL, ROSE, DAVIS: MYERS AND HARVILLE: FRANK J. SCANLON JOHN KNOX WALKUP MATTHEW A. BOYD ATTORNEY GENERAL AND REPORTER Nashville MICHAEL E. MOORE SOLICITOR GENERAL FOR AMICUS CURIAE, CORRECTIONS CORPORATION OF AMERICA: MICHAEL W. CATALANO ASSOCIATE SOLICITOR GENERAL WILLIAM B. HUBBARD Nashville Nashville FOR APPELLEES MYERS AND HARVILLE: TOM ANDERSON Lexington Judge:HOLDER First Paragraph: We granted this consolidated appeal to address the following important issues: (1) whether the Department of Correction's disciplinary policy # 9502.01 improperly delegates responsibility of prison discipline to a private contractor; and (2) whether the Department of Correction's disciplinary policies are "rules" within the ambit of the Uniform Administrative Procedures Act. We have carefully reviewed the relevant statutes, law, and the parties' briefs. We hold that policy # 9502.01 is not an improper delegation and that the disciplinary policies before us are not "rules" within the ambit of the Uniform Administrative Procedures Act. Tenn. Code Ann. S 4-5-102(10). The appellants' claims are dismissed. URL:http://www.tba.org/tba_files/TSC/mandelaj_opn.WP6 STATE OF TENNESSEE VS. GUSSIE WILLIS VANN Court:TSC Judge:DROWOTA First Paragraph: A petition for rehearing has been filed on behalf of appellant. After consideration of the same, a majority of the Court is of the opinion that the petition should be and the same is hereby denied at the cost of appellant. Justice Birch and Special Justice Reid adhere to the views expressed in their original dissenting opinion. URL:http://www.tba.org/tba_files/TSC/vanngw_prh.WP6 STATE OF TENNESSEE VS. WILLIE WILLIAMS, JR. Court:TSC Judge:DROWOTA First Paragraph: A petition for rehearing has been filed on behalf of the appellants. After consideration of the same, a majority of the Court is of the opinion that the petition should be and the same is hereby denied at the cost of appellant. Justice Birch and Special Justice Reid adhere to the views expressed in their original dissenting opinion. URL:http://www.tba.org/tba_files/TSC/williams_prh.WP6 SHIRLEY J. MYERS VS. "CLASSIC EXPRESS" INCORPORATED and GUARANTEE AND LIABILITY INS. CO. Court:TSC - Workers Comp Panel Attorneys: For the Appellants: For the Appellee: Robert J. Uhorchuk Charles C. Guinn, Jr. Suite 407 James Building #4 Washington Avenue 735 Broad Street P.O. Box 946 Chattanooga, TN 37402 Athens, TN 37371-0946 Judge:BYERS First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. 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). The trial court awarded the plaintiff death benefits for her husband's death, which he found arose out of and in the course of his employment with the defendant. The defendant appeals and raises the following issue: "Whether the trial court erred in its finding of compensability and awarding employee's wife death benefits for a heart attack sustained by employee?" We find the trial court did not err in awarding the plaintiff death benefits and affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TSC_WCP/myersshi_wc.WP6 SUSAN MANQUELLA ADAMS VS. EARNIE BRYAN ADAMS Court:TCA Attorneys: Randle W. Hill, Jr., #12113 329 Union Street P.O. Box 190632 Nashville, Tennessee 37219-0632 ATTORNEYS FOR PLAINTIFF/COUNTER-DEFENDANT/APPELLANT Robert L. Jackson, #2486 ROBERT L. JACKSON & ASSOCIATES 214 Second Avenue, North Suite 103 Nashville, Tennessee 37201 ATTORNEY FOR DEFENDANT/COUNTER-PLAINTIFF/APPELLEE Judge:TODD First Paragraph: Susan Manquella Adams, hereafter referred to as the wife, has appealed from the judgment of the Trial Court declaring her and her husband, Earnie Bryan Adams, to be divorced, awarding joint custody of two children with alternating physical custody in each parent, and providing for child support and other incidentals. URL:http://www.tba.org/tba_files/TCA/adamssm_opn.WP6 LARRY B. FOX VS. CITY OF DOVER and HEATH B. STEVENS Court:TCA Attorneys: William H. Poland, BPR #5818 POLAND & POLAND 408 Franklin Street Clarksville, Tennessee 37040 ATTORNEY FOR PLAINTIFF/APPELLANT Gregory P. Patton, BPR #14984 HURT, PATTON & PEAY, P.L.C. 308 South Second Street Clarksville, Tennessee 37040 ATTORNEY FOR DEFENDANTS/APPELLEES Judge:TODD First Paragraph: The plaintiff, Larry B. Fox, has appealed from a partial final judgment dismissing the defendant, Heath B. Stevens, and Tennessee Farmers Mutual Insurance Company, plaintiff's uninsured motorist insurer, pursuant to T.R.C.P. Rule 54.02. Plaintiff presents the following issue: Whether the ninety (90) day period specified in T.C.A. S 20-1-119 9 is tolled until a defendant pleads his affirmative defense of comparative fault in accordance with T.R.C.P. 8.03. URL:http://www.tba.org/tba_files/TCA/foxlb_opn.WP6 PATRICIA HITCHCOCK IRWIN VS. DON JEWELL IRWIN Court:TCA Attorneys: Larry H. Hagar, #11275 Stan Davis, #18618 214 Third Avenue, North Nashville, Tennessee 37201 ATTORNEYS FOR PLAINTIFF/APPELLEE Helen S. Rogers SunTrust Building, Suite 1550 201 Fourth Avenue, North Nashville, Tennessee 37219 ATTORNEY FOR DEFENDANT/APPELLANT Judge:TODD First Paragraph: In this divorce case the husband has appealed from the judgment of the Trial Court which declared the parties to be divorced on grounds of irreconcilable differences, awarded joint custody of their minor child to the parties with principal custody in the wife, and divided the marital estate. URL:http://www.tba.org/tba_files/TCA/irwinph_opn.WP6 LIFETIME BOOKS, INC. Successor in Interest to FELL PUBLISHERS, INC. VS. THOMAS NELSON PUBLISHERS, INC. Court:TCA Attorneys: NORMAN GILLIS NORMAN GILLIS & ASSOCIATES 713 18th Avenue South Nashville, Tennessee 37203 Attorney for Plaintiff/Appellant JAY S. BOWEN TIMOTHY L. WARNOCK SARAH W. ANDERSON GREGORY S. REYNOLDS OWEN RILEY WARNOCK & JACOBSON, PLC 1906 West End Avenue Nashville, Tennessee 37203 Attorneys for Defendant/Appellee Judge:CANTRELL First Paragraph: This appeal involves an interpretation of a "first refusal" provision in a publishing contract. The Circuit Court of Davidson County dismissed an action claiming that the publisher breached the provision. We affirm. URL:http://www.tba.org/tba_files/TCA/lifetime_opn.WP6 RONNIE POOL and LINDA PARKS, Co-Administrators for the Estate of NATHAN POOL, and as next of kin of Nathan Pool VS. STATE OF TENNESSEE Court:TCA Attorneys: For the Plaintiffs/Appellants: For the Defendant/Appellee: Robert S. Peters John Knox Walkup SWAFFORD, PETERS & PRIEST Attorney General and Reporter Winchester, Tennessee Michael Moore Solicitor General Kimberly J. Dean Deputy Attorney General Judge:KOCH First Paragraph: This appeal involves the death of a motorist whose vehicle was swept off a flooded highway bridge during a torrential rainfall. The administrators of the motorist's estate filed a claim with the Tennessee Claims Commission asserting that state highway officials knew or should have known about the flooded condition on the bridge and negligently failed either to avert the flooding on the bridge or to warn motorists of the bridge's unsafe condition. Following an evidentiary hearing, the claims commissioner entered judgment for the State because the claimants had failed to prove that the state employees had sufficient notice of the bridge's dangerous condition to enable them to close the bridge to the public. The administrators of the motorist's estate assert on this appeal that the evidence does not support the claims commissioner's decision. We affirm the claims commissioner's dismissal of the claim. URL:http://www.tba.org/tba_files/TCA/poolr_opn.WP6 PENELOPE LYNN RAYBURN VS. GREGORY SHANE RAYBURN Court:TCA Attorneys: JERRY W. HAMLIN 110 Frey Street Ashland City, Tennessee 37015 Attorney for Plaintiff/Appellant STEVE D. GIBSON 112 S. Main Street Ashland City, Tennessee 37015 Attorney for Defendant/Appellee Judge:CANTRELL First Paragraph: The trial court granted the husband an absolute divorce and gave him custody of the parties' three children. The wife argues on appeal that the trial court erred by determining the issue of child custody without considering the mandatory statutory factors found in Tenn. Code Ann. S 36-6-106. We affirm the trial court. URL:http://www.tba.org/tba_files/TCA/rayburpl_opn.WP6 MARY P. SOLIMA VS. DAVID J. SOLIMA Court:TCA Attorneys: For Plaintiff/Appellee: For Defendant/Appellant: Edward P. Silva Mike W. Binkley Hartzog, Silva & Davies Nashville, Tennessee Franklin, Tennessee Judge:KOCH First Paragraph: This appeal involves a bitter change of custody proceeding. Two years after the divorce, the father filed a petition in the Chancery Court for Williamson County seeking custody of three of the parties' five children on the ground that the mother was progressively alienating the children from him. The mother counterclaimed for increased child support. Following a bench trial, the trial court declined to change the custody of the children and increased the father's child support. The father asserts on this appeal that the trial court erred by refusing to find that the circumstances had changed sufficiently to warrant a change in the custody of the parties' three youngest children. URL:http://www.tba.org/tba_files/TCA/solimamp_opn.WP6 RANDALL DEAN STANCLIFF VS. PATRICIA SUSAN STANCLIFF Court:TCA Attorneys: Roger Hudson, #7014 16 Public Square North Murfreesboro, Tennessee 37130 ATTORNEY FOR PLAINTIFF/APPELLEE P. Edward Schell 136 Fourth Avenue South Franklin, Tennessee 37064 ATTORNEY FOR DEFENDANT/APPELLANT Judge:TODD First Paragraph: In this divorce case, the defendant-wife has appealed from the judgment of the Trial Court presenting the following issues: I. Whether the Chancery Court erred in finding that Appellant was not entitled to an award of rehabilitative alimony. II. Whether the Chancery Court erred in finding that Appellant was entitled to the sum of Three Thousand Six Hundred $3,600.00) Dollars as alimony in solido. The plaintiff-husband presents an additional issue claiming attorney's fee on appeal. In contrast to the brevity of the issues, the facts, proceedings and disposition by the Trial Court are rather lengthy and complicated. URL:http://www.tba.org/tba_files/TCA/stanclir_opn.WP6 STATE OF TENNESSEE, DEPARTMENT OF CHILDREN'S SERVICES VS. N.A.A. and J.M.A. Court:TCA Attorneys: For Plaintiff/Appellee: For Defendants/Appellants: John Knox Walkup Sam Wallace, Sr. Attorney General and Reporter Nashville, Tennessee Douglas Earl Dimond Assistant Attorney General Judge:KOCH First Paragraph: This appeal involves the termination of the parental rights of the parents of four children between seven and thirteen years of age. The children were removed from their parents' custody in 1991 after their mother was accused of physically abusing their infant cousin who later died of her injuries. In April 1997 the Tennessee Department of Children's Services petitioned the Cheatham County Juvenile Court seeking to terminate the mother's and father's parental rights. The juvenile court conducted a bench trial and terminated the parents' parental rights. On this appeal, the parents assert that the decision is not supported by clear and convincing evidence. We affirm the judgment terminating the parents' parental rights because the Department has presented clear and convincing evidence establishing the statutory grounds for terminating parental rights and demonstrating that the children's best interests will be best served if they can be integrated into a stable and permanent home as soon as possible. URL:http://www.tba.org/tba_files/TCA/statenaa_opn.WP6 STATE OF TENNESSEE VS. STEVE ANTHONY RUTH Court:TCCA Attorneys: For the Appellant: For the Appellee: Stephen M. Wallace John Knox Walkup District Public Defender Attorney General of Tennessee and and Richard Tate Todd R. Kelley Assistant Public Defender Asst Attorney General of Tennessee P.O. Box 839 425 Fifth Avenue North Blountville, TN 37617-0839 Nashville, TN 37243-0493 H. Greeley Wells, Jr. District Attorney General and Edward Wilson Assistant District Attorney General P.O. Box 526 Blountville, TN 37617 Judge:TIPTON First Paragraph: The defendant, Steve Anthony Ruth, appeals as of right from his conviction in the Sullivan County Criminal Court following a jury trial for attempt to obtain a controlled substance by fraud, a Class D felony. The defendant was sentenced as a Range II, multiple offender to five years in the custody of the Department of Correction to be served consecutively to prior sentences, and he was fined two hundred fifty dollars. The defendant contends that the evidence is insufficient to support his conviction. We affirm the judgment of conviction pursuant to Rule 20, Tenn. Ct. Crim. App. R. URL:http://www.tba.org/tba_files/TCCA/ruthsa_opn.WP6
Feel free to forward this Opinion-Flash on to any attorney you know of with an internet address, who is not a TBALink member. To Join TBALink - Http://www.tba.org/join.html/
Would you like to receive the TBALink Opinion-Flash each day via e-mail?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE
3) Leave the body of the message blank
Non TBA members are WELCOME to subscribe...it's free!!
Would you like to STOP receiving the TBALink Opinion-Flash?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: UNSUBSCRIBE
3) Leave the body of the message blank