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.
- 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
- 08-New Opinion(s) from the Tennessee Court of Appeals
- 04-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
BRENDA S. (CUNNINGHAM) CAMPBELL VS. CHARLES S. CAMPBELL Court:TCA Attorneys: JEFFERY D. PARRISH BOROD & KRAMER, P.C. Memphis, Tennessee Attorney for Appellant STEPHANIE L. PRENTIS Savannah, Tennessee Attorney for Appellee Judge:HIGHERS First Paragraph: Defendant Charles E. Campbell (Husband) appeals the final decree of divorce entered by the trial court which distributed the parties' property and ordered Husband to pay child support and alimony to Plaintiff/Appellee Brenda S. Cunningham Campbell (Wife). On appeal from the final decree, Husband contends that the trial court erred in the following respects: (1) in imputing income of $2,000 per month to Husband for purposes of calculating his child support obligation; (2) in allocating to Husband a $2,600 debt with the Hardin County Bank; (3) in awarding Wife the marital home valued at $44,000; and (4) in awarding Wife $150 per month and other amounts as alimony. We affirm. URL:http://www.tba.org/tba_files/TCA/campbelb_opn.WP6 THOMAS HENRY CAMPBELL VS. RUTH CAROLINE CAMPBELL Court:TCA Attorneys: David E. Caywood, Marc E. Reisman Causey, Caywood, Taylor, McManus & Bailey of Memphis For Appellee Dennis J. Sossaman of Memphis For Appellant Judge:CRAWFORD First Paragraph: This appeal involves a motion to modify an alimony award. Appellant, Thomas Henry Campbell (Husband), appeals from the Chancellor's order denying his motion to modify alimony and awarding Appellee, Ruth Caroline Campbell (Wife), attorney's fees and costs. The parties were married on March 1, 1953 in Reno, Nevada. In December of 1982, the couple separated and on August 21, 1984, Husband filed a complaint for divorce on the grounds of irreconcilable differences. The parties entered into a Property Settlement Agreement (Agreement) on April 22, 1985. Subsequently, a final decree of divorce was entered on May 6, 1985 which approved and incorporated the Agreement. URL:http://www.tba.org/tba_files/TCA/cmpbellt_opn.WP6 EDDIE COOK, in his capacity as HICKMAN COUNTY HIGHWAY SUPERINTENDENT, and THE HICKMAN COUNTY HIGHWAY COMMISSION VS. ARCHIE GLEN EDWARDS and wife, MARTHA SUE EDWARDS Court:TCA Attorneys: DANA DYE P. O. Box 11 105 West End Avenue Centerville, Tennessee 37033 Attorney for Plaintiffs/Appellees JERRY SCOTT JOHN KEA 110 City Center Building 100 East Vine Street Murfreesboro, Tennessee 37133-1216 Attorneys for Defendants/Appellants Judge:CANTRELL First Paragraph: The Hickman County Road Superintendent filed a declaratory judgment action to ascertain if an old cemetery road across the defendants' property was a public road. The Chancery Court of Hickman County ruled that the road was not a public road but that the defendants' property was subject to an easement created in a deed in their chain of title. Since the court granted relief that no one had sought, to individuals not parties to the action, we reverse. URL:http://www.tba.org/tba_files/TCA/cooke_opn.WP6 REGENIA ELLISON VS. CHERRI ELLISON Court:TCA Attorneys: Lance E. Webb of Union City For Appellant John Knox Walkup, Attorney General and Reporter Ronald W. McNutt, Assistant Attorney General Judge:CRAWFORD First Paragraph: This appeal involves a petition for grandparent visitation filed by plaintiff, Regina Ellison, paternal grandmother of Garrett Ellison and Ethan Wayne Ellison, minor children of defendant, Cherri Ellison, and Terry Ellison, deceased. After an evidentiary hearing, the trial court granted visitation. Cherri Ellison (Mother) has appealed and presents the following issues for review as stated in her brief: 1. Whether Tenn. Code Ann. S 36-6-306 is unconstitutional because it authorizes courts to order grandparent visitation upon a finding that such visitation is in the "best interest" of the child without first requiring the finding of a danger of substantial harm to the child. 2. Whether the evidence preponderates against the trial court's award of visitation rights to the appellee. URL:http://www.tba.org/tba_files/TCA/ellisonr_opn.WP6 GUARDSMARK, INC. VS. BORG-WARNER PROTECTIVE SERVICES, d/b/a BURNS INTERNATIONAL SECURITY SERVICES Court:TCA Attorneys: For the Plaintiff/Appellee: For the Defendant/Appellant: David Wade Thomas L. Henderson Memphis, Tennessee Thomas H. Lawrence Memphis, Tennessee Gerald Stern Washington, D.C. David O. Bickart Jonathan D. Schiller Washington, D.C. Judge:LILLARD First Paragraph: This case involves restrictive employment covenants. The plaintiff and the defendant are both private security companies. The trial court granted the plaintiff a restraining order enjoining the defendant from inducing former employees to breach the restrictive covenants in other states, from misrepresenting facts concerning the enforceability of the covenants, or from litigating or assisting others in litigating in other states regarding the enforceability of the restrictive covenants. We affirm in part, reverse in part, and remand. URL:http://www.tba.org/tba_files/TCA/guardsma_opn.WP6 LANNY McCORMACK, Individually and as partner of McCORMACK FARMS VS. ZOLLIE McCORMACK Court:TCA Attorneys: ROBERT D. MASSEY Pulaski, Tennessee Attorney for Appellant BEN BOSTON CHARLES W. HOLT, JR. BOSTON, HOLT & SOCKWELL, PLLC Lawrenceburg, Tennessee C. ANTHONY EDWARDS Columbia, Tennessee Attorneys for Appellee Judge:HIGHERS First Paragraph: Plaintiff Lanny McCormack appeals the final judgment entered by the trial court in this dissolution of partnership case. In its final judgment, the trial court ordered Defendant/Appellee Zollie McCormack to pay Lanny McCormack $137,453 for all of the latter's right, title, and interest in the McCormack Farms partnership. On appeal, Lanny McCormack has raised only one issue for this court's review: whether the trial court, which previously had adopted a special master's report, erred when it ruled that Lanny's interest in the partnership would be resolved in a manner which was not one of three options set forth in the special master's report. We affirm the trial court's judgment. URL:http://www.tba.org/tba_files/TCA/mccormac_opn.WP6 YONG MUN CHONG MEADOWS VS. TOMMY C. MEADOWS Court:TCA Attorneys: YONG MUN CHONG MEADOWS 2177 Powell Road Clarksville, Tennessee 37043 Pro Se/Plaintiff/Appellee GREGORY D. SMITH One Public Square, Suite 321 Clarksville, Tennessee 37040 Attorney for Defendant/Appellant Judge:CANTRELL First Paragraph: The trial court granted the parties a divorce, divided the marital property, and awarded the wife permanent alimony. On appeal, the husband contends that the court should have adjusted the property settlement to take the wife's post-separation dissipation of marital assets into account, and that it should have placed some limitations on the alimony award. We agree, and we modify the decree to incorporate the necessary changes. URL:http://www.tba.org/tba_files/TCA/meadowym_opn.WP6 OTHA SMITH VS. MARJORIE SMITH Court:TCA Attorneys: ROBERT D. MASSEY P. O. Box 409 Pulaski, Tennessee 38478 Attorney for Plaintiff/Appellant JOE W. HENRY, JR. 119 South First Street Pulaski, Tennessee 38478 Attorney for Defendant/Appellee Judge:CANTRELL First Paragraph: Following an in camera proceeding, the trial court declared the parties divorced, and awarded the real property at issue to the husband. The wife filed a Motion to Alter and Amend, which resulted in a new hearing, and a new decree whereby the real property was equally divided between the parties. The husband claimed on appeal that the trial court erred in re-opening the case after his initial decree. We affirm the trial court, but we amend its final order to make sure there is no doubt that the parties have been legally divorced. URL:http://www.tba.org/tba_files/TCA/smitho_opn.WP6 STATE OF TENNESSEE VS. GRADY DEMOSS Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Julie K. Pillow John Knox Walkup Asst District Public Defender Attorney General & Reporter P. O. Box 700 425 Fifth Avenue, North Somerville, TN 38068-0700 Nashville, TN 37243-0493 OF COUNSEL: Douglas D. Himes Gary F. Antrican Assistant Attorney General District Public Defender 425 Fifth Avenue, North P. O. Box 700 Nashville, TN 37243-0493 Somerville, TN 38068-0700 Elizabeth T. Rice District Attorney General 302 Market Street Somerville, TN 38068 Mark E. Davidson District Attorney General 302 Market Street Somerville, TN 38068 Judge:LAFFERTY First Paragraph: The appellant, Grady Demoss, referred herein as the defendant, appeals as of right from the conviction for delivery of a Schedule II controlled substance, to wit: cocaine, less than .5 grams, by a Lauderdale County jury. As a result of the jury verdict, the trial court imposed a sentence of four years, six months in the Department of Correction and a fine of $2,500. The defendant presents two issues for appellate review. URL:http://www.tba.org/tba_files/TCCA/demossg_opn.WP6 STATE OF TENNESSEE VS. JAMES DENNIS LOVE, JR. Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Billy R. Roe, Jr. John Knox Walkup Assistant District Public Defender Attorney General & Reporter 117 North Forrest Avenue 425 Fifth Avenue, North Camden, TN 38320 Nashville, TN 37243-0493 OF COUNSEL: Clinton J. Morgan Guy T. Wilkinson Assistant Attorney General District Public Defender 425 Fifth Avenue, North 117 North Forrest Avenue Nashville, TN 37243-0493 Camden, TN 38320 G. Robert Radford District Attorney General 111 Church Street, P. O. Box 686 Huntingdon, TN 38344-0686 Eleanor Cahill Asst District Attorney General 111 Church Street, P. O. Box 686 Huntingdon, TN 38344-0686 Judge:LAFFERTY First Paragraph: The appellant, James Dennis Love, Jr., referred herein as the defendant, appeals as of right from a judgment entered by the Carroll County Circuit Court as a result of a jury finding him guilty of the sale of cocaine, a Schedule II controlled substance. The defendant presents one appellate issue for review, whether the evidence was sufficient to justify a rational trier of fact finding the defendant guilty beyond a reasonable doubt. After a review of the evidence in this record, both parties' briefs, and appropriate law, we affirm the trial court's judgment. URL:http://www.tba.org/tba_files/TCCA/lovejd_opn.WP6 CEDRIC STAMPLEY VS. STATE OF TENNESSEE, Court:TCCA Attorneys: For the Appellant: For the Appellee: Cedric Stampley, Pro Se John Knox Walkup 4018 Mountain Terrace Attorney General and Reporter Memphis, TN 38127 Peter M. Coughlan Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 William L. Gibbons District Attorney General C. Alanda Horne Assistant District Attorney 201 Poplar Street, Suite 301 Memphis, TN 38103 Judge:BARKER First Paragraph: The appellant, Cedric Stampley, appeals as of right the denial in the Shelby County Criminal Court of his petition for post-conviction relief. The trial court dismissed appellant's pro se petition without the appointment of counsel and without an evidentiary hearing. On appeal, appellant argues that the trial court erred in summarily dismissing his petition. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/stamplyc_opn.WP6 STATE OF TENNESSEE VS. JEFFERY MARTIN WALLACE Court:TCCA Attorneys: For the Appellant: For the Appellee: Guy T. Wilkinson John Knox Walkup District Public Defender Attorney General and Reporter P.O. Box 663 Camden, TN 38320 Elizabeth T. Ryan Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 G. Robert Radford District Attorney General Todd A. Rose Assistant District Attorney P.O. Box 686 Huntingdon, TN 38344 Judge:BARKER First Paragraph: The appellant, Jeffery Martin Wallace, appeals as of right from his conviction of aggravated sexual battery by a Henry County jury. Appellant was sentenced to serve eight years in prison as a Range I offender for the Class B felony. On appeal, appellant challenges the sufficiency of the evidence and the trial court's exclusion of evidence relative to the victim's prior sexual knowledge. We are of the opinion that no reversible error appears in the record and affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/wallace_opn.WP6
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