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
- 13-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
ROBERT E. BANKS and wife DOROTHY BANKS vs. POLK COUNTY, TENNESSEE, ET AL Court:TCA Attorneys: JAMES F. LOGAN, JR., LOGAN, THOMPSON, MILLER, BILBO, THOMPSON & FISHER, P.C., Cleveland, for Plaintiffs-Appellants. DAVID F. HARROD, CARTER, HARROD & CUNNINGHAM, Athens, for Defendant-Appellee, Polk County. Judge: Franks First Paragraph: Plaintiffs' action to rescind a deed granted to defendant county for construction of a road across plaintiffs' property, and/or for damages for breach of contract, was dismissed by the Trial Judge at conclusion of plaintiffs' proof, and plaintiffs have appealed. URL:http://www.tba.org/tba_files/TCA/banksr_opn.WP6 IN THE MATTER OF: THE ESTATE OF LEN C. BELEW, DECEASE SANDRA BELEW vs. DAVID HUGHES BELEW Court:TCA Attorneys: J. MIKEL DIXON, Knoxville, for Appellant. ANNA F. HINDS, JAMES P. MYNATT, JR., Stone & Hinds, P.C., Knoxville, for Appellee. Judge: McMurray First Paragraph: This case involves a question of the validity of an antenuptial agreement. After the decedent Len Belew's death, his widow, Sandra Belew (petitioner) filed a petition for an elective share of his estate. After a hearing, the Clerk & Master found enforceable an antenuptial agreement between petitioner and decedent which provided that each party "hereby waives, releases and relinquishes all right, title, estate and interest, statutory or otherwise, [to] ... spousal elective share ... ." Upon exception to the Master's report by petitioner, the Knox County Chancery Court approved and upheld the Master's findings and conclusions. The issue presented is whether the petitioner knowledgeably entered into the antenuptial agreement. Both the Clerk & Master and the Chancery Court answered this question in the affirmative. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCA/belews_opn.WP6 CITY OF CHATTANOOGA, TENNESSEE and HAMILTON COUNTY, TENNESSEE vs. CLASSIC REFINERY, INC., GARY FILLERS, and THE UNITED STATES OF AMERICA/INTERNAL REVENUE SERVICE Court:TCA Attorneys: HAROLD L. NORTH, JR., OF CHATTANOOGA FOR CLASSIC REFINERY, INC., AND GARY FILLERS M. KENT ANDERSON, Assistant U.S. Attorney, OF CHATTANOOGA FOR INTERNAL REVENUE SERVICE DOUGLAS M. COX OF CHATTANOOGA FOR CITY OF CHATTANOOGA and HAMILTON COUNTY Judge: Goddard First Paragraph: Classic Refinery Inc., and Gary Fillers, the sole stockholder of Classic, appeal an order of taking rendered by the Circuit Court of Hamilton County in favor of the City of Chattanooga, and Hamilton County, Tennessee. This order awarded the City and County fee simple title in property owned by Classic and located adjacent to the Finley Stadium Project in downtown Chattanooga. URL:http://www.tba.org/tba_files/TCA/chattci_opn.WP6 GARLENA GALE DAVENPORT vs. BRADLEY CURTIS DAVENPORT Court:TCA Attorneys: CHARLES H. CHILD, O'CONNOR, PETTY, CHILD & BOSWELL, Knoxville, for Appellant-Plaintiff. THOMAS F. MABRY, Oak Ridge, for Appellee-Defendant. Judge: Franks First Paragraph: In this custodial dispute, the Trial Judge ordered 50/50 visitation, i.e., a rigid alternate weekly schedule between the parents on the grounds there had been a material change in circumstances to justify the changed visitation schedule. URL:http://www.tba.org/tba_files/TCA/davenptg_opn.WP6 REVIS DALE DUBBERLY vs. LYNN TRUCK SERVICES, INC., d/b/a E.D.S. OF ATHENS and CLAUDE AND BETTY THOMPSON Court:TCA Attorneys: ROBERT J. UHORCHUK, SPICER, FLYNN & RUDSTROM, PLLC, Chattanooga, for Appellee, Lynn Truck Service, Inc. RANDY G. ROGERS, Athens, for Defendants-Appellants. Judge: Franks First Paragraph: Plaintiff Dubberly brought suit for workers compensation benefits, and defendant Lynn Truck Service ("Lynn") settled the claim. The Trial Court then held that defendant Claude Thompson was obligated to compensate Lynn for the amount of this settlement with plaintiff Dubberly. Thompson has appealed. URL:http://www.tba.org/tba_files/TCA/dubberly_opn.WP6 MALCOLM ELAM VS. STEVEN R. SEIVERS, ESQ Court:TCA Attorneys: JERROLD L. BECKER and SAMUEL W. BROWN OF KNOXVILLE FOR APPELLANT R. FRANKLIN NORTON, GEOFFREY D. KRESSIN and W. MITCHELL CRAMER OF KNOXVILLE FOR APPELLEE Judge: Goddard First Paragraph: In this legal malpractice suit Malcolm Elam sues Steven R. Seivers, an attorney who he had employed to prepare warranty and trust deeds on two separate pieces of property, alleging that he was responsible for damages resulting to Mr. Elam in failing to record the trust deeds. One tract is described as the Jonathan Lane property and the other as the Wainwright Road property. The warranty deeds conveyed the two tracts to Terry R. Fowler and the trust deeds conveyed them in trust to secure the purchase price owed Mr. Elam. URL:http://www.tba.org/tba_files/TCA/elamma_opn.WP6 CARL LAWSON, Administrator oF the Estate of JEFFREY LYNN LAWSON, and BESSIE and CARL LAWSON, as next of kin to JEFFREY LYNN LAWSON VS. STATE OF TENNESSEE Court:TCA Attorneys: For Appellants For Appellee THOMAS RICHARD SPRADLIN JOHN KNOX WALKUP Morristown, Tennessee Attorney General and Reporter Nashville, Tennessee DENISE TERRY STAPLETON Terry, Terry & Stapleton ARTHUR CROWNOVER II Morristown, Tennessee Assistant Attorney General Nashville, Tennessee Judge: Susano First Paragraph: This appeal involves a claim for post-trial, prejudgment interest. It arises out of an action for damages brought by Bessie and Carl Lawson ("the claimants") for the wrongful death of their son, Jeffrey Lynn Lawson ("Mr. Lawson"). After Mr. Lawson, an inmate at the Southeastern Tennessee State Regional Correctional Facility in Pikeville, Tennessee, was murdered by another inmate, the claimants filed this action against the State of Tennessee with the Tennessee Claims Commission. The matter was tried before Claims Commissioner Michael S. Lacy ("Commissioner") on June 29 and 30, 1994. Some three years later, on July 28, 1997, the Commissioner entered judgment in favor of the claimants for $75,000, finding that the State had been negligent in the care, custody and control of Mr. Lawson. URL:http://www.tba.org/tba_files/TCA/lawsonc_opn.WP6 USI CAR EXCHANGE, INC. and CHARLES R. WEEMS, Individually VS. LONG PONTIAC COMPANY and ALLAN LEDFORD, Individually VS. ALLAN LEDFORD, Individually and wife, TERRI LEDFORD, Individually; ALLAN LEDFORD d/b/a PRESTIGE CLEANERS, a Sole Proprietorship; SIGNATURE AUTO CREDIT, INC.; MIDDLE TENNESSEE MOTOR CARS, INC.; GAMBLE MOTOR COMPANY, INC.; WSI CAR EXCHANGE, INC.; CHARLES R. WEEMS, Individually; ROBERT OLIVER, Individually and wife, LOIS OLIVER, Individually Court:TCA Attorneys: For Appellant For Appellee Charles R. Weems and USI Car Exchange, Inc. F. SCOTT LEROY Leitner, Williams, Dooley DAVID B. KESLER & Napolitan, PLLC STACIE L. CARAWAY Chattanooga, Tennessee Spears, Moore, Rebman & Williams Chattanooga, Tennessee For Appellee Middle Tennessee Motor Cars, Inc. NADER BAYDOUN STEPHEN KNIGHT Baydoun & Reese, P.A. Nashvile, Tennessee For Appellee Gamble Motor Company, Inc. K. STEPHEN POWERS LISA M. PATE Witt, Gaither & Whitaker, P.C. Chattanooga, Tennessee Judge: Susano First Paragraph: This is an action for damages filed by Long Pontiac Company ("Long"), against multiple defendants, arising out of the defalcations of Long's agent, Allan Ledford ("Ledford"). Long appealed from the trial court's judgment, arguing that the trial court erred in granting summary judgment to the defendants, Charles R. Weems ("Weems"), USI Car Exchange, Inc. ("USI"), Gamble Motor Company, Inc. ("Gamble"), and Middle Tennessee Motor Cars, Inc. ("MTMC"), all of whom acknowledge purchasing automobiles from Ledford at Long's place of business. Long, in its complaint for fraud, conspiracy to defraud, conversion, and gross negligence, alleges that the defendants knew or should have known (a) that Ledford was engaging in criminal activity to defraud Long and (b) that Ledford was exceeding the authority granted to him by Long. The trial court concluded that no genuine issues of material fact existed with respect to Long's claims and, furthermore, that the defendants were entitled to summary judgment as a matter of law. URL:http://www.tba.org/tba_files/TCA/longptac_opn.WP6 IVA MADDOX VS. LOUDON COUNTY BOARD OF ZONING APPEALS Court:TCA Attorneys: HUBERT PATTY OF MARYVILLE FOR APPELLANT HARVEY L. SPROUL OF LENOIR CITY FOR APPELLEE Judge:Goddard First Paragraph: Iva Maddox initiated this lawsuit in the Chancery Court of Loudon County by filing a complaint against the County of Loudon, later amended by consent to substitute the Loudon County Board of Zoning Appeals as the party Defendant. Ms. Maddox sought to overturn a ruling of the Board of Zoning Appeals that she was not entitled to a variance as to set-back lines with regard to an addition to her home. URL:http://www.tba.org/tba_files/TCA/maddoxiv_opn.WP6 TOMMALISA L. MIFFLIN VS. RANDOLPH L. MIFFLIN Court:TCA Attorneys: DARRYL W. HUMPHREY, Knoxville, for Appellant. DONNY M. YOUNG, Louisville, for Appellee. Judge: McMurray First Paragraph: This is an appeal from a final decree granting a divorce to the appellee, granting joint custody of the parties' minor child with the appellee to be the custodial parent, awarding child support, and making other provisions, none material to this appeal. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCA/mifflint_opn.WP6 PHYLLIS PHILLIPS AND ARNOLD PHILLIPS VS. VICTORIA LIEB Court:TCA Attorneys: For Appellants For Appellees STEPHEN A. MARCUM CHARLES B. SEXTON P. EDWARD PRATT PHILIP A. KAZEE JASON I. EPSTEIN Sexton, Sexton & Kazee, P.C. Baker, Donelson, Bearman, Oneida, Tennessee & Caldwell Knoxville, Tennessee Judge: Susano First Paragraph: This is a negligence action arising out of a two-vehicle collision that occurred on U.S. Highway 27 ("Highway 27") near its intersection with Main Street in Oneida, Tennessee. The jury returned a verdict for the plaintiff, Phyllis Phillips, in the amount of $25,000, finding the defendant, Victoria Lieb, 100% at fault. The defendant appealed, arguing that the trial court erred in its charge to the jury. URL:http://www.tba.org/tba_files/TCA/philipsp_opn.WP6 BROMLEY SAMMONS VS. FLETCHER MILLER and JEAN MILLER Court:TCA Attorneys: D. MITCHELL BRYANT, Cleveland, for Appellant. ARVIN H. REINGOLD, Chattanooga, for Appellees. Judge: McMurray First Paragraph: The appellant, Bromley Sammons, and the appellees, Fletcher and Jean Miller, own adjoining tracts of land in Hamilton County, Tennessee. Mr. Sammons' eastern property line adjoins the Millers' western property line. Mr. Sammons first filed an action regarding the subject boundary line in 1983, but that action was dismissed for failure to prosecute. At some time, the action was reinstated and then dismissed several times before it was finally heard by the trial court in November 1997. URL:http://www.tba.org/tba_files/TCA/sammonsb_opn.WP6 JAN WATERS VS. STATE OF TENNESSEE Court:TCA Attorneys: ROGER E. JENNE and MICHAEL E. JENNE, Cleveland, for Claimant-Appellant. JOHN KNOX WALKUP, Attorney General and Reporter, and GEORGE COFFIN, JR., and LAURA T. KIDWELL, Assistant Attorneys General, Nashville, for Defendant-Appellee. Judge: Franks First Paragraph: In this action, the Claims Commission denied and dismissed claimant's claim. Claimant has appealed. Claimant is the surviving spouse of Joshua Scott Waters who died as the result of an accident occurring on January 19, 1991, in Polk County, Tennessee, while Waters was traveling east on Highway 64. He lost control of his vehicle and his truck left the roadway and plunged into the Ocoee River, where Waters died. URL:http://www.tba.org/tba_files/TCA/watersj_opn.WP6
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