December 30, 1998
Volume 4 -- Number 185

What follows is the case style or name, first paragraph, author's name, and the names of attorneys for the parties of each opinion released eletronically today to TBALink 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' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
16 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



IN RE: ESTATE OF PURNIE ANN ALLEN, Deceased

Court:TCA

Attorneys:  

C. Michael Robbins of Memphis
William D. Massey of Memphis
For Appellant, William B. Allen, Sr.

R. Michael Potter; Beth Weems 
Bradley; Burch, Porter & Johnson
of Memphis
For Appellee, William B. Allen, Jr.                        

Judge:CRAWFORD

First Paragraph:

Petitioner, William B. Allen, Sr., a life beneficiary of a trust,
appeals the order of the Probate Court denying a petition to remove
the trustee, respondent, William B. Allen, Jr.

http://www.tba.org/tba_files/TCA/allen_opn.WP6



ERNEST L. ATKINS VS. SECURITY CONNECTICUT LIFE INSURANCE CO. Court:TCA Attorneys: For the Plaintiff/Appellant: For the Defendant/Appellee: Edwin C. Lenow S. Russell Headrick Memphis, Tennessee Jennifer Ziegenhorn Memphis, Tennessee Judge:LILLARD First Paragraph: This case involves a claim for breach of a life insurance contract. The proceeds of the life insurance policy were distributed while the beneficiary was in prison, and in the lawsuit the beneficiary claimed he did not receive them. The trial court granted summary judgment to the defendant insurance company. We affirm. http://www.tba.org/tba_files/TCA/atkins_opn.WP6
JOHN BRANTLEY, KATHY B. SKINNER, ALISON BRANTLEY WILLIAM THOMAS MAYO and RICHARD MAYO VS. ROBERT MAYO and KATHRYN MAY GILTNER Court:TCA Attorneys: For the Plaintiffs/Appellants: For the Defendants/Appellees: Jesse H. Ford, III John Van den Bosch, Jr. Jackson, Tennessee G. William Hymers, III Jackson, Tennessee Judge:LILLARD First Paragraph: This is a probate case. The decedent set up joint accounts with right of survivorship with her two surviving children. The surviving children were named co- executors of the decedent's estate. The trial court removed the decedent's children as co-executors of the estate and found that these accounts were assets of the decedent's estate, not joint accounts. The decedent's surviving children appeal. We find that the evidence was insufficient to support a finding of undue influence, and reverse the decision of the trial court. http://www.tba.org/tba_files/TCA/brantley_opn.WP6
GENEVIEVE M. DIX VS. JAMES A. CARSON Court:TCA Attorneys: For Plaintiff/Counter-Defendant For Defendant/Counter-Plaintiff Appellant: Appellee: Genevieve M. Dix Jerry F. Taylor Attorney Pro Se Deborah L. Pagan Memphis, Tennessee Arch B. Boyd Memphis, Tennessee Judge: LILLARD First Paragraph: This is a divorce case. After a lengthy trial, the trial court, among other things, divided the marital estate, declined to award child support and awarded the parties joint custody of their minor child. We affirm in part, reverse in part, modify and remand. http://www.tba.org/tba_files/TCA/dixgen_opn.WP6
MARY ANN DOWDY, Parent and Next of Kin of STEVE DOWDY, Dec'd., and MARY ANN DOWDY, Individually; CATHY E. DOWDY, Parent and Next of Kin of ARGUSTA DOWDY, Dec'd., and CATHY E. DOWDY, Individually and EMMA DOWDY VS. MYLES AND ARLENE WILSON Court:TCA Attorneys: RICHARD McFALL Memphis, Tennessee Attorney for Appellant MARSHALL L. GERBER Memphis, Tennessee Attorney for Appellee Judge:HIGHERS First Paragraph: Defendants-Appellants, Myles and Arlene Wilson, appeal the ruling of the trial court which awarded Plaintiff-Appellee Mary Dowdy, as next of kin of the deceased, Steve Dowdy, and Plaintiff-Appellee Cathy Dowdy, as next of kin of the deceased, Argusta Dowdy, damages for the wrongful deaths of their children. http://www.tba.org/tba_files/TCA/dowdyma_opn.WP6
KIMBROUGH L. DUNLAP, JR. VS. PATRICIA CARTER DUNLAP Court:TCA Attorneys: Joel B. McLemore, Murfreesboro, Tennessee Attorney for Defendant/Appellant. L. L. Harrell, Jr., HARRELL & HARRELL, Trenton, Tennessee Attorney for Plaintiff/Appellee. Judge:FARMER First Paragraph: Defendant Patricia Carter Dunlap appeals, and Plaintiff Kimbrough L. Dunlap cross appeals, the trial court's final judgment distributing the parties' property in this divorce action. We affirm the trial court's judgment, with two modifications. http://www.tba.org/tba_files/TCA/dunlapkl_opn.WP6
LARRY C. GRANDERSON VS. LISA STEPHENS HICKS Court:TCA Attorneys: For the Plaintiff/Appellant: For the Defendant/Appellee: M. Dell Stiner Harold D. Archibald Memphis, Tennessee Memphis, Tennessee Judge:LILLARD First Paragraph: This is a paternity case. The putative father appeals from the trial court's order denying a motion seeking DNA tests to determine the paternity of the minor child, based on alleged fraud in the procurement of a consent acknowledgment of paternity. The trial court dismissed the case prior to a hearing on the motion. The putative father appeals. We reverse and remand for a hearing. http://www.tba.org/tba_files/TCA/granderl_opn.WP6
ELENIA GRAY VS. THE ESTATE OF CHARLES HENRY GRAY, III Court:TCA Attorneys: Blanchard E. Tual of Memphis For Appellant R. Alan Pritchard; Baker, Donelson, Bearman & Caldwell of Memphis For Appellee Judge:CRAWFORD First Paragraph: This case involves a dispute over the proceeds of a life insurance policy. Appellant, Elenia Gray (Ms. Gray), appeals from the probate court's order in favor of Appellee, the Estate of Charles Henry Gray, III (Estate). http://www.tba.org/tba_files/TCA/gray_opn.WP6
JOHN HOGINS and TENNESSEE INSURANCE GUARANTY ASSOCIATION VS. TONY ANDREW ROSS, WARNER ROSS and UNITED STATES FIDELITY & GUARANTY COMPANY Court:TCA Attorneys: William D. Leader, Jr., Julie C. Murphy, BOULT, CUMMINGS, CONNERS & BERRY, PLC, Nashville, Tennessee Jef Feibelman, Melissa A. Maravich, BURCH, PORTER & JOHNSON, Memphis, Tennessee Attorneys for Intervening Plaintiff/Appellant Tennessee Insurance Guaranaty Association. James A. Hopper, HOPPER & PLUNK, Savannah, Tennessee Attorney for Defendant/Appellee United States Fidelity & Guaranty Company. John Knox Walkup, Attorney General & Reporter Michael E. Moore, Solicitor General Sarah A. Hiestand, Senior Counsel For Tennessee Department of Commerce and Insurance Judge:FARMER First Paragraph: Tennessee Insurance Guaranty Association (TIGA), the intervening plaintiff in this action, appeals the trial court's order entering summary judgment in favor of Defendant/Appellee United States Fidelity & Guaranty Company (USF). We reverse the trial court's judgment based on our conclusion that the court erred in ruling that USF's policy did not provide uninsured motorist coverage to Plaintiff John Hogins. http://www.tba.org/tba_files/TCA/hoginsj_opn.WP6
THEO JENNINGS VS. ILLINOIS CENTRAL RAILROAD COMPANY Court:TCA Attorneys: James D. Causey, CAUSEY, CAYWOOD, TAYLOR, McMANUS & BAILEY, Memphis, Tennessee Jerry E. Hinchey, H. Chris Christy, JONES & GRANGER, North Little Rock, Arkansas Attorneys for Plaintiff/Appellant. Harold W. McLeary, Jr., Estelle C. Gaerig, SHUTTLEWORTH, SMITH, WILLIAMS, SABBATINI & HARPER, Memphis, Tennessee Attorneys for Defendant/Appellee. Judge:FARMER First Paragraph: Plaintiff Theo Jennings appeals the trial court's order entering summary judgment in favor of Defendant/Appellee Illinois Central Railroad Company. We affirm the trial court's judgment based on our conclusion that, even when viewed in the light most favorable to Jennings, the evidence fails to support a cause of action against the Railroad under the Federal Employer's Liability Act. http://www.tba.org/tba_files/TCA/jenningt_opn.WP6
STATE OF TENNESSEE ex rel., LEANNA AVERY VS. ROGER LEWIS STATE OF TENNESSEE ex rel., NATALIE THOMAS VS. ROGER LEWIS Court:TCA Attorneys: JOHN KNOX WALKUP Attorney General and Reporter SUE A. SHELDON Assistant Attorney General Nashville, Tennessee Attorney for Appellants ROGER LEWIS, pro se Union City, Tennessee Judge:HIGHERS First Paragraph: This case stems from the consolidation of two separate appeals from two separate actions against Roger Lewis (Lewis). Each case involved a modification in child support obligations, from which the State of Tennessee (the State) appeals. The first case pertains to the support of Kendall Thomas (Kendall), who is the minor child of Lewis and Natalie Thomas. The second case pertains to the support of Victoria Avery (Victoria), who is the minor child of Lewis and Leanna Avery. For the reasons stated hereafter, we reverse the trial court's modification of child support to the amount of $40.00 per week each for Kendall and Victoria and establish such support at $79.82 per week for Kendall and at $77.73 per week for Victoria. http://www.tba.org/tba_files/TCA/lewisr_opn.WP6
CASSANDRA LYNN LIPSCOMB VS. JOHN DOE and CASSANDRA LYNN LIPSCOMB VS. COREY DYSON, JAMES LOGAN, And ANTONIO CHANEY Court:TCA Attorneys: A. Wilson Wages, Millington, Tennessee Attorney for Plaintiff/Appellant. Fred P. Wilson, STEWART, WILKINSON AND WILSON LAW FIRM, Memphis, Tennessee Attorney for Defendant/Appellee. Judge:FARMER First Paragraph: Plaintiff Cassandra Lynn Lipscomb appeals the trial court's denial of her motion for leave to amend as well as the trial court's dismissal of all of her claims. For the reasons set forth below, we affirm the ruling of the trial court. http://www.tba.org/tba_files/TCA/lipscomc_opn.WP6
ADRIAN PATE, A MINOR, BY AND THROUGH HIS MOTHER AND NEXT FRIEND, MELISSA PATE VS. STATE OF TENNESSEE MEMORANDUM OPINION Court:TCA Judge: CRAWFORD First Paragraph: This is a medical malpractice case that comes to this Court from the Tennessee Claims Commission. Plaintiff, Adrian Pate, a minor by and through his mother and next friend, Melissa Pate, appeals the order of the Commission dismissing the case against the State of Tennessee. The only issue presented for review is whether the Commission abused its discretion in dismissing claimant's complaint with prejudice. http://www.tba.org/tba_files/TCA/patead_opn.WP6
ELIZABETH ELLEN SORREL VS. LARRY AUBREY HENSON Court:TCA Attorneys: HAL ROUNDS Memphis, Tennessee Attorney for Appellant JOHN KNOX WALKUP Attorney General & Reporter KIMBERLY M. FRAYN Assistant Attorney General Nashville, Tennessee Attorney for State of Tennessee Judge:HIGHERS First Paragraph: Larry Aubrey Henson (Henson) appeals the trial court's order establishing Henson's paternity of Elizabeth Sorrell's child, Alexander. In this appeal, we address whether Tennessee's paternity statutes violate the Fourteenth Amendment to the United States Constitution. For the reasons hereafter stated, we find no such violation, and we affirm the trial court's judgment. http://www.tba.org/tba_files/TCA/sorrelle_opn.WP6
IN THE MATTER OF: THE LAST WILL AND TESTAMENT OF GLADYS G. TIPLER, Deceased GLORIA G. VAN MOORLEGHAN, CHARLES J. GAIA, PATRICIA G. GUSTAFSON, JAMES EDWARD SCOTT, JR., LOUISE G. ENSIGN, and ROGER SCOTT VS. ROBERT L. TAYLOR and EUGENE B. GIBSON, Executors of the Estate of Gladys G. Tipler, Deceased Court:TCA Attorneys: For the Plaintiffs/Appellees: For the Defendants/Appellants: Charles G. Black Ernest G. Kelly, Jr. Memphis, Tennessee Memphis, Tennessee Judge:LILLARD First Paragraph: This is a will contest. The decedent executed a will, and later executed a holographic codicil to the will. The holograph directed that, if her husband predeceased her, her property should be distributed in accordance with his will. The decedent's husband predeceased her. Enforcement of the holographic codicil was challenged in court by the decedent's heirs. The trial court applied the doctrine of facts of independent significance and ordered the decedent's assets be distributed in accordance with her deceased husband's will. We affirm. http://www.tba.org/tba_files/TCA/tiplerin_opn.WP6
CAROLYN ELROD VATTER VS. ROBERT L. VATTER Court:TCA Attorneys: For Plaintiff/Counter-Defendant For Defendant/Counter-Plaintiff Appellee: Appellant: Stuart B. Breakstone William G. Hardwick, II Memphis, Tennessee Memphis, Tennessee Judge:LILLARD First Paragraph: This is a divorce case. The trial court ordered the husband to pay the wife rehabilitative alimony, alimony in futuro beginning at a future date, and alimony in solido. The trial court also found a partnership interest to be the husband's separate property. Both parties appeal. We affirm. http://www.tba.org/tba_files/TCA/vatter_opn.WP6

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