January 14, 1999
Volume 5 -- Number 007

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
01 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
10 New Opinion(s) from the Tennessee Court of Appeals
05 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

Court:TSC - Rules


DAN ALEXANDER VS. JAY ARMENTROUT, JR., and PATRICIA RUTH ARMENTROUT Court:TCA Attorneys: For Appellants For Appellee MICHAEL A. EASTRIDGE TIMOTHY S. BELISLE Johnson City, Tennessee Johnson City, Tennessee Judge:SUSANO First Paragraph: his jury case involves litigation arising out of the dissolution of a dairy farm partnership. Dan Alexander ("Alexander") sued his brother-in-law, Jay Armentrout, Jr. ("Mr. Armentrout"), and Mr. Armentrout's wife, Patricia Ruth Armentrout ("Mrs. Armentrout"), seeking to recover monies allegedly due him for the sale of his one-half interest in the Alexander-Armentrout Dairy partnership ("the partnership"). The jury returned a verdict for Alexander, and the Armentrouts appealed. http://www.tba.org/tba_files/TCA/alexndrd_opn.WP6
PAMELA ANN DRINNON BROOKS VS. JACK THOMAS BROOKS, JR. Court:TCA Attorneys: For Appellant For Appellee JIM W. STAMBAUGH JILL R. TALLEY Stambaugh Law Office Dandridge, Tennessee Morristown, Tennessee Judge:SUSANO First Paragraph: Pamela Ann Drinnon Turner, formerly Brooks, filed a post-divorce petition seeking sole custody of the parties' minor child, William Clayton Brooks (DOB: October 5, 1990). The trial court held, in effect, that there had not been a sufficient change in circumstances to warrant a change in the joint custody arrangement previously decreed by the court. It denied the petition and Mrs. Turner appealed, arguing that the evidence preponderates against the trial court's findings. http://www.tba.org/tba_files/TCA/brookspa_opn.WP6
CLARK and ASSOCIATES, ARCHITECTS, INC. VS. RONNIE LEWIS and wife, SALLY LEWIS Court:TCA Attorneys: LARRY J. WALLACE Clarksville, Tennessee Attorney for Appellants LAURENCE M. McMILLAN, JR. Clarksville, Tennessee Attorney for Appellee Judge:HIGHERS First Paragraph: Defendants Ronnie Lewis and Sally Lewis ("Lewis" or "Appellants") appeal the judgment of the trial court awarding Plaintiff Clark and Associates Architects, Inc. ("Clark" or "Appellee") the sum of $18,112.40 for architectural fees. http://www.tba.org/tba_files/TCA/clarkas_opn.WP6
ROBERT EDMONDSON VS. MARCUS P. SOLOMON and BRENDA SOLOMON, and HAULERS INSURANCE COMPANY, INC. Court:TCA Attorneys: CYNTHIA D. PLYMIRE ORTALE, KELLEY, HERBERT & CRAWFORD, LLP Nashville, Tennessee Attorney for Appellant SARA STEIN Nashville Attorney for Appellee Judge:HIGHERS First Paragraph: Defendant Haulers Insurance ("Haulers" or "Appellant"), appeals the trial court's denial of Haulers' Motion for Partial Summary Judgment seeking a setoff against the total amount of uninsured motorists coverage due under the Haulers policy, for disability amounts paid to Plaintiff, Robert Edmondson ("Edmondson" or "Appellee"), by his employer and under a disability policy. http://www.tba.org/tba_files/TCA/edmndsor_opn.WP6
SARA EVELYN EVANS (YOUNG) VS. BOBBY HUGH YOUNG D. K. HAILEY WRECKING COMPANY, INC. and LEVY INDUSTRIAL CONTRACTORS, INC. Court:TCA Attorneys: Donald L. Scholes, BRANSTETTER, KILGORE, STRANCH & JENNINGS, Nashville, Tennessee Attorney for Intervenors/Appellants. Irwin Venick, DOBBINS & VENICK, Nashville, Tennessee Attorney for Plaintiff/Appellee. Judge:FARMER First Paragraph: Intervenors D. K. Hailey Wrecking Company (Hailey Wrecking) and Levy Industrial Contractors, Inc. (Levy Industrial) appeal an order of the trial court requiring them to pay the attorney fees of Plaintiff Sara Evelyn Evans incurred in a proceeding to enforce a judgment obtained by Ms. Evans against Bobby Hugh Young. For the reasons stated below, we affirm the ruling of the trial court. http://www.tba.org/tba_files/TCA/evanssa_opn.WP6
RAYMOND O. HAMPTON VS. TENNESSEE TRUCK SALES, INC. and DONALD A. TOMLINSON Court:TCA Attorneys: G. KLINE PRESTON, IV Washington Square Two 222 Second Avenue North Suite 416 Nashville, Tennessee 37201 Attorney for Plaintiff/Appellant GERALD C. WIGGER W. CARL SPINING 200 Fourth Avenue, North Third Floor P. O. Box 198985 Nashville, Tennessee 37219-8985 Attorneys for Defendants/Appellees Judge:CANTRELL First Paragraph: The Chancery Court of Davidson County dismissed the plaintiff's bailment action on the ground of res judicata and prior suit pending. We reverse because the record does not include evidence from which we can conclude that the issues in the case had been decided or were pending in the prior case. http://www.tba.org/tba_files/TCA/hamptra_opn.WP6
R&E PROPERTIES VS. RON JONES and SANDY JONES Court:TCA Attorneys: LYNNE DECHMAN, Chattanooga, for Appellants. WILLIAM WEEKS, Wagner, Nelson & Weeks, Chattanooga, for Appellees. SARAH A. HIESTAND, Nashville, for State of Tennessee. Judge:MCMURRAY First Paragraph: This is a detainer action. R&E Properties (R&E), the appellee, is a partnership that owns Woodland Mobile Home Park in Hamilton County, Tennessee. Ron and Sandy Jones (the Joneses), the appellants, and R&E entered into a six-month lease agreement for rental of a mobile home lot. During the period of the lease agreement, problems arose regarding the Joneses' tenancy. Before the expiration of the lease, R&E notified the Joneses that their lease would not be extended. Sandy Jones apparently persuaded R&E to let her family continue their tenancy until they could obtain the money to move. R&E consented to this arrangement, but when the Joneses still did not move, R&E notified the Jones in June 1997 that their tenancy would be terminated effective August 1, 1997. The Joneses did not move by August 1, 1997, and R&E filed a detainer action in Hamilton County General Sessions Court. R&E was awarded possession of the premises. The Joneses appealed de novo to the Hamilton County Circuit Court and filed a counterclaim against R&E, alleging in essence the same issues presented in this Court on appeal. After a trial in February 1998, the trial court ruled in favor of R&E. The Joneses now appeal the judgment of the trial court. We affirm the judgment of the trial court in its entirety. http://www.tba.org/tba_files/TCA/jonesr_opn.WP6
MEMPHIS HOUSING AUTHORITY VS. RAMONA STEWART Court:TCA Attorneys: William Yonkowski of Memphis For Appellant Gregory L. Perry of Memphis For Appellee Judge:CRAWFORD First Paragraph: This case involves the termination of a lease. Defendant-Appellant, Ramona Stewart, appeals from the trial court's order granting summary judgment in favor of Plaintiff-Appellee, Memphis Housing Authority (MHA). http://www.tba.org/tba_files/TCA/mha_opn.WP6
BARRY ALAN SPRUCE VS. LORI JEAN SPRUCE Court:TCA Judge:SUSANO First Paragraph: The appellant has filed a petition for rehearing pursuant to the provisions of Rule 39, T.R.A.P. In partial support of her petition, the appellant relies upon documents in a supplemental record certified to us by the trial court clerk on December 7, 1998 -- some 13 days after our opinion was released. It should also be noted that the appellant failed to obtain our permission or the permission of the trial court to supplement the record. See Rule 24(e), T.R.A.P. Having said all of this, we hasten to add that there is nothing in the supplemental record that changes our basic holdings, i.e., that the appellant's Rule 60 motion is an attempt to render the trial court's divorce judgment of April 14, 1994, invalid and ineffective; that the motion was not timely filed; and that the appellant failed to show a proper basis for Rule 60 relief. Accordingly, the petition for rehearing is DENIED with costs taxed to the appellant. http://www.tba.org/tba_files/TCA/spruceba_opr.WP6
DR. ELENORA WOODS VS. HERMAN WALLDORF & COMPANY, INC., and C. HSIUNG CHEN AND LANA CHEN, individually and d/b/a HIGHWAY 58 COMMONS Court:TCA Attorneys: CATHERINE M. WHITE, Chattanooga, for Appellant. JENNIFER H. LAWRENCE, ERIC J. OLIVER, Lawrence, Lawrence & Gerbitz, PLLC, Chattanooga, for Appellees C. Hsiung Chen and Lana Chen. JAMES R. BUCKNER, MARCIA EASON, Miller & Martin, LLP, Chattanooga, for Appellee Herman Walldorf & Co. Judge:MCMURRAY First Paragraph: This action, brought under the Tennessee Human Rights Act, T.C.A. S 4-21-101 et seq., is one for alleged racial and sexual discrimination. The plaintiff, Dr. Elenora Woods, sued C. Hsiung Chen and Lana Chen, owners of an office complex in Chattanooga, and Herman Walldorf & Company, the Chens' leasing agent, alleging that the defendants failed to negotiate a commercial lease agreement in good faith because of her race and/or gender. The plaintiff also brought a claim of fraudulent inducement against the defendants Chen. The case was tried before a jury, which returned a verdict for the defendants. The trial court awarded the defendants their costs for court reporter's fees in the total amount of $7,288.76, under Rule 68 of the Tennessee Rules of Civil Procedure. The court also awarded the defendants discretionary costs totalling $2,752.75 under Rule 54 of the Tennessee Rules of Civil Procedure. The plaintiff appeals. We reverse the trial court's award of court reporter's fees under T.R.Civ.P. 68, and affirm the remainder of the court's judgment. http://www.tba.org/tba_files/TCA/woodse_opn.WP6
STATE OF TENNESSEE VS. AARON CARROLL Court:TCCA Attorneys: For Appellant: For Appellee: William C. Gosnell, Attorney John Knox Walkup 217 Exchange Avenue Attorney General and Reporter Memphis, TN 38105 Elizabeth T. Ryan Assistant Attorney General 425 Fifth Avenue North 2d Floor, Cordell Hull Building Nashville, TN 37243-0493 Judge:WADE First Paragraph: The defendant, Aaron Carroll, was convicted as a habitual motor vehicle offender. The trial court imposed a Range II sentence of two years for the Class E felony; the sentence is to be served on weekends over a period of ninety days. In this appeal of right, the defendant challenges the sufficiency of the evidence and argues that the sentence is excessive. Because the evidence is adequate to support the conviction and the record of the sentencing hearing is incomplete, the judgment must be affirmed. http://www.tba.org/tba_files/TCCA/carrolla_opn.WP6
STATE OF TENNESSEE VS. HOWARD EPPS Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: PAULA SKAHAN JOHN KNOX WALKUP 140 North Third St. Attorney General & Reporter Memphis, TN 38103 DOUGLAS D. HIMES Asst. Attorney General 425 Fifth Ave., North Nashville, TN 37243-0493 WILLIAM L. GIBBONS District Attorney General JAMES A. WAX, JR. and GLEN BAITY Asst. District Attorney General 201 Poplar Ave., Third Fl. Memphis, TN 38103 Judge:PEAY First Paragraph: On February 20, 1996, the defendant was indicted for rape of child in violation of T.C.A. S 39-13-522. On September 16, 1997, the defendant pled guilty to rape pursuant to a plea bargain agreement and received an eight year sentence. After a sentencing hearing, the defendant was sentenced as a Range I offender to eight years to be served in the Tennessee Department of Correction. On appeal, the defendant contends that the trial court erred in denying him full probation rather than incarceration. http://www.tba.org/tba_files/TCCA/eppsh_opn.WP6
STATE OF TENNESSEE VS. ROY E. KEOUGH Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: James V. Ball John Knox Walkup Joseph S. Ozment Attorney General & Reporter 217 Exchange Avenue Memphis, TN 38105 Michael E. Moore Solicitor General Kathy Morante Deputy Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 John W. Pierotti District Attorney General Robert Carter Rosemary Andrews Assistant District Attorneys 201 Poplar Avenue Memphis, TN 38013 Judge:WELLES First Paragraph: The Defendant, Roy E. Keough, was convicted in the Shelby County Criminal Court for the premeditated first degree murder of his wife, Betty Keough, and the attempted first degree murder of Kevin Berry. The jury found that Defendant had previously been convicted of one or more felonies for which statutory elements involve the use of violence to the person, see Tenn. Code Ann. S 39-13-204(i)(2); and it sentenced Defendant to death. Defendant also received a forty-year sentence for the attempted murder count, to be served consecutive to his death sentence. http://www.tba.org/tba_files/TCCA/keoughre_opn.WP6
STATE OF TENNESSEE VS. GRACE MATTHEWS Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: MARK A. MESLER JOHN KNOX WALKUP 200 Jefferson Ave., Ste 1250 Attorney General & Reporter Memphis, TN 38103 DOUGLAS D. HIMES Asst. Attorney General 425 Fifth Ave., North Nashville, TN 37243-0493 WILLIAM E. GIBSON District Attorney General DAN BYER Asst. District Attorney General Criminal Justice Center, 3rd Fl. 201 Poplar Ave. Memphis, TN 38103 Judge:PEAY First Paragraph: On October 6, 1998, the defendant was convicted by a jury of vandalism in the amount of five hundred dollars ($500) or less. At a sentencing hearing held on December 9, 1997, the defendant was sentenced to four months of incarceration and a four hundred ($400) dollar fine. In this appeal as of right, the defendant contends that the jury's verdict was contrary to the weight of the evidence and that the defendant's Fifth Amendment right was violated. http://www.tba.org/tba_files/TCCA/matthews_opn.WP6
STATE OF TENNESSEE VS. CONNIE LEE WILSON Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: C. MICHAEL ROBBINS JOHN KNOX WALKUP 3074 East Street Attorney General and Reporter Memphis, TN 38128 Appellate Counsel GEORGIA BLYTHE FELNER Assistant Attorney General GEORGE MORTON GOOGE 425 Fifth Avenue North District Public Defender Nashville, TN 37243 227 West Baltimore St. Jackson, TN. 38301 JERRY WOODALL District Attorney General NICK NICOLA Assistant District Attorney P. O. Box 2825 Jackson, TN 38301 Judge:SMITH First Paragraph: On December 19, 1996, Appellant, Connie Lee Wilson, pled guilty to Driving After Having Been Declared an Habitual Motor Vehicle Offender and Driving Under the Influence. The Circuit Court for Madison County entered a show cause order as to why Appellant's probation for three previous D.U.I. offenses should not be revoked. On February 14, 1997, after a sentencing hearing, the trial court revoked Appellant's probation on the prior offenses and sentenced Appellant to two years in the Tennessee Department of Correction for the offense of Driving After Being Declared an Habitual Motor Vehicle Offender and to eleven months and twenty-nine days to be served at 75% for the offense of Driving Under the Influence 5th offense. The trial court further ordered these sentences to be served consecutively to one of Appellant's sentences for a prior offense (indictment number 94-827). http://www.tba.org/tba_files/TCCA/wilsonco_opn.WP6

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