TBALink Opinion-Flash

November 20, 1998 -- Volume 4 -- Number 171

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
06-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

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Lucian T. Pera
Editor-in-Chief, TBALink



JAN PAIGE (PHILLIPS) CAGLE
VS.
STEVE WHITLOW CAGLE,

Court:TCA

Attorneys:

RON E. HARMON
Savannah, Tennessee
Attorney for Appellant

W. LEE LACKEY
Savannah, Tennessee
Attorney for Appellee
                          

Judge:HIGHERS

First Paragraph:

Respondent Steve Whitlow Cagle (hereinafter referred to as "Father")
appeals the trial court's order requiring him to pay his son's college
expenses pursuant to the MDA entered into with Plaintiff Jan Paige
(Phillips) Cagle (hereinafter referred to as "Mother") at the time of
their divorce. For the reasons hereinafter stated, we affirm the
judgment of the trial court.

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

JENKINS SUBWAY, INC. and ROSE JENKINS
VS.
LYNN JONES

Court:TCA

Attorneys: 

Douglas W. Wilkerson,
W. Lewis Jenkins, Jr.,
WILKERSON GAULDIN & HAYES, Dyersburg, Tennessee
Attorneys for Plaintiffs/Appellants.


William R. O'Bryan, Jr.,
C. Dale Allen,
Ryan A. Kurtz,
TRABUE, STURDIVANT & DEWITT, Nashville, Tennessee
Attorneys for Defendant/Appellee.                         

Judge:FARMER

First Paragraph:

Plaintiffs Jenkins Subway, Inc., and Rose Jenkins appeal the trial
court's final judgment dismissing their claims for breach of contract
and breach of fiduciary duty against Defendant/Appellee Lynn Jones. 
The trial court's judgment in favor of Jones was based primarily on
the court's ruling that, even if the subject contracts survived the
December 1993 death of Rose Jenkins' husband, Ed Jenkins, Rose Jenkins
and Jenkins Subway effectively waived or were estopped from asserting
their rights under the contracts.  We conclude that this ruling was in
error, and, thus, we reverse the trial court's judgment and remand for
further proceedings.

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

CAROLYN MARTIN LOVE
VS.
SHELBY COUNTY, TENNESSEE

Court:TCA

Attorneys:  

Carroll C. Johnson, Memphis, Tennessee
Attorney for Defendant/Appellant.


Joseph Michael Cook,
Attorney for Plaintiff/Appellee.                        

Judge:FARMER

First Paragraph:

Defendant Shelby County appeals the trial court's judgment which
awarded Plaintiff/Appellee Carolyn Martin Love $123,991.22 in benefits
under the County's on-the-job injury policy.  Most of the trial
court's judgment represented permanent disability benefits and was
based upon the court's finding, after conducting a bench trial, that
Love had sustained a one hundred percent (100%) permanent disability
to each of her arms as a result of her on-the-job injuries.  We
affirm.

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

DEVONA L. MILLS
VS.
IMMUAL MILLS

Court:TCA

Attorneys: 

RICHARD F. VAUGHN
Memphis, Tennessee
Attorney for Appellant


CHARLES W. McGHEE
CHRISTOPHER B. HAMILTON
MONROE, KAUFMAN & McGHEE
Attorneys for Appellee                         

Judge:HIGHERS

First Paragraph:

Devona Denson (Mother), formerly Devona Mills prior to remarriage,
appeals the trial court's modification of the custody of the parties'
daughter, Andrea, from joint custody between Mother and Immual Mills
(Father) to exclusive custody to Father with visitation to Mother.  We
find that the evidence preponderates against the trial court's award
of Andrea's custody to Father and that the preponderance of the
evidence supports an award of Andrea's custody to Mother based upon
Andrea's welfare and best interests.  As such, we reverse and remand
this case to the trial court for further proceedings regarding child
support and visitation.

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

DICK MOORE, INC.
VS.
GREENTREE FINANCIAL CORPORATION

Court:TCA

Attorneys:    

R. Layne Holley; McNabb, Holley & Waldrop of Memphis
For Appellant

Roger A. Stone; Stone, Higgs & Drexler of Memphis
Joel E. Jordan; Steltemeier & Westbrook of Nashville
For Appellee                      

Judge:CRAWFORD

First Paragraph:

This case involves a dispute involving the assignment of retail
installment contracts.  Plaintiff-Appellant, Dick Moore, Inc. (Dick
Moore), appeals from the trial court's order granting Appellee's,
Green Tree Financial Corporation (Green Tree), motion for summary
judgment.

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

ANTWYAN D. PRYOR
VS.
SOUTHBROOK MALL ASSOCIATES (LTD.) L.P. and AFFILIATED MALL
MANAGEMENT, INC.

Court:TCA

Attorneys: 

William E. Friedman of Memphis
For Appellant

Karen L. Schlesinger of Memphis
For Appellees
                         

Judge:CRAWFORD

First Paragraph:

This case involves the liability of a shopping mall for the acts of a
security guard.  Antwyan Pryor (Pryor) appeals from the order of the
trial court granting summary judgment to Southbrook Mall Associates,
L.P. (Southbrook) and Affiliated Mall Management (Affiliated).

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

STATE OF TENNESSEE
VS.
JACK FRANKLIN

Court:TCCA

Attorneys:  

For the Appellant:              For the Appellee:

Mark E. Stephens                John Knox Walkup        
District Public Defender        Attorney General of Tennessee
     and                            and             
John Halstead                   Elizabeth B. Marney
Assistant Public Defender       Asst Attorney General of Tennessee
1209 Euclid Avenue              425 Fifth Avenue North
Knoxville, TN 37921             Nashville, TN 37243-0493
(AT TRIAL)
                                Randall E. Nichols
Mark E. Stephens                District Attorney General
District Public Defender            and
     and                        Marsha Selecman
Paula R. Voss                   Assistant District Attorney General
John Halstead                   City-County Building
1209 Euclid Avenue              Knoxville, TN 37902
Knoxville, TN 37921
(ON APPEAL)                        

Judge:TIPTON

First Paragraph:

The defendant, Jack Franklin, appeals as of right following his
convictions by a jury in the Criminal Court of Knox County for driving
while under the influence of an intoxicant (D.U.I.), second offense, a
Class A misdemeanor, and driving on a revoked license (D.O.R.L.), a
Class B misdemeanor.  For the D.U.I. conviction, the defendant was
sentenced to eleven months and twenty-nine days confinement to be
served in the Knox County Jail, with all but ninety days suspended
followed by nine months of supervised probation.  He was also fined
fifteen hundred dollars.  For the D.O.R.L. conviction, he was
sentenced to six months confinement, with all but ninety days
suspended, the remainder to be served on supervised probation, and he
was fined five hundred dollars.  The jail time was to run
concurrently, and the probation was to run consecutively.  In this
appeal, the defendant contends that the evidence is insufficient to
support his conviction for D.U.I., the trial court erred in
sentencing, and the trial court erred by denying his motion for a
court reporter to be provided by the state.  We affirm the convictions
but remand the case for a new sentencing hearing.

URL:http://www.tba.org/tba_files/TCCA/franklin_opn.WP6


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