TBALink Opinion-Flash

October 23, 1998 -- Volume #4 -- Number #152

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 Opinion(s) from the Tennessee Supreme Court
00-New Opinion(s) from the Tennessee Supreme Court Workers Comp Panel
00-New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
03-New Opinion(s) from the Tennessee Court of Appeals
00-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

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Lucian T. Pera
Editor-in-Chief, TBALink



ROCKY LEE COKER
VS.
DON SUNDQUIST, and the STATE OF TENNESSEE CLAIMS COMMISSION

Court:TCA

Attorneys: 

Rocky Lee Coker, C.P.L.
STSRCF, Unit 6, #108069
Route 4, Box 600
Pikeville, Tennessee 37367
PRO SE/CLAIMANT/APPELLANT


JOHN KNOX WALKUP
Attorney General and Reporter

Ms. Heather C. Ross
Assistant Attorney General
Cordell Hull Building, Second Floor
426 5th Avenue North
Nashville, Tennessee 37243-0499
ATTORNEYS FOR DEFENDANTS/APPELLEES                         

Judge:TODD

First Paragraph:

The captioned claimant has appealed from the order of the Claims
Commission rejecting the claimant's claim for failing to state a claim
for which relief can be granted.

Claimant's "Amended Complaint" states: 16.  At all times material in
this cause, plaintiff was confined on Unit 2 at Riverbend Maximum
Security Institution (RMSI) in Nashville, Tennessee.  Unit 2, RMSI, is
the housing unit for those inmates sentenced to death, and is a small
isolated group of inmates separated from the general population of
inmates.

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

JIMMY L. HOBBS
VS.
ANN MARIE HOBBS

Court:TCA

Attorneys: 

Jimmy L. Hobbs, Pro Se

M. Keith Davis, Dunlap, Tennessee
Attorney for Defendant/Counter-Plaintiff/Appellee.
                         

Judge:FARMER

First Paragraph:

On September 23, 1996, Jimmy L. Hobbs filed a complaint in the Circuit
Court of Sequatchie County seeking an absolute divorce from his wife
Ann Marie Hobbs.  As grounds for divorce, he alleged both
irreconcilable differences between the parties and inappropriate
marital conduct on the part of Mrs. Hobbs.  On October 11, 1996, Mrs.
Hobbs filed an answer and counter-complaint for divorce.  Mrs. Hobbs'
counter-complaint, however, failed to allege any grounds upon which an
absolute divorce could be granted.  This omission apparently was not
discovered by the trial judge or either party's counsel prior to
trial.  An answer to Mrs. Hobbs' counter-complaint was filed by Mr.
Hobbs on January 29, 1997.

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

MICHAEL SHANE LEDFORD
VS.
PHYLLIS DIANNE LEDFORD

Court:TCA

Attorneys:    

For Plaintiff/Appellee:             For Defendant/Appellant:

Paul A. Bates                       R. Eddie Davidson
Christopher V. Sockwell             Nashville, Tennessee
Boston, Bates, Holt & Sockwell
Lawrenceburg, Tennessee                      

Judge:KOCH

First Paragraph:

This appeal involves a dispute over the destruction of property
awarded to one of the spouses in a divorce case.  Believing that his
former wife was responsible for the damage to real and personal
property he had received following the divorce, the former husband
filed a petition in the Chancery Court for Lawrence County seeking to
have his former wife held in contempt.  During the contempt hearing,
the trial court granted the former husband's motion to amend his
petition to seek monetary damages and later awarded the former husband
$6,000 in damages. The former wife asserts on this appeal that the
trial court erred by permitting her former husband to amend his
petition to seek damages and that the evidence does not support the
damage award.  We affirm the trial court.

URL:http://www.tba.org/tba_files/TCA/ledfordm_opn.WP6


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