March 1, 1999
Volume 5 -- Number 028

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):
 
02 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
01 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

	
FRANCES MILLER BELL by  
JANET SNYDER, Conservator &
Attorney-In-Fact
VS.
ICARD, MERRILL, CULLIS, TIMM,       
FUREN AND GINSBURG, P.A.; and       
WILLIAM GORDON BELL; and            
HUNTON & WILLIAMS; and      
LONG, RAGSDALE AND WATERS

Court:TSC

Attorneys:  

FOR APPELLANT           FOR APPELLEE    
FRANCIS MILLER BELL:    ICARD, MERRILL, CULLIS, TIMM, William R.
Willis, Jr.             FUREN & GINSBURG, P.A.:
Alan D. Johnson         William T. Ramsey
WILLIS & KNIGHT         W. David Bridgers
Nashville, Tennessee    NEAL & HARWELL, PLC
                        Nashville, Tennessee

                        FOR APPELLEE WILLIAM G. BELL:
                        Thomas S. Scott, Jr.
                        Dan D. Rhea
                        ARNETT, DRAPER & HAGOOD
                        Knoxville, Tennessee

                        FOR APPELLEE HUNTON & WILLIAMS:
                        John P. Konvalinka
                        Susan Kerr Lee
                        Tonya Kennedy Cammon
                        GRANT, KONVALINKA & HARRISON
                        Chattanooga, Tennessee
    
                        FOR APPELLEE LONG, RAGSDALE &
                            WATERS:
                        Darryl G. Lowe
                        LOWE, SHIRLEY & YEAGER
                        Knoxville, Tennessee                            

Judge:DROWOTA

First Paragraph:

We granted this appeal to determine whether the plaintiff's complaint
states a cause of action for abuse of process.  We conclude that the
complaint fails to allege one of the essential elements of the tort --
an improper act in the use of process.  Accordingly, we affirm the
judgment of the Court of Appeals which upheld the trial court's
dismissal of the plaintiff's complaint for failure to state a claim
upon which relief can be granted.  Tenn. R. Civ. P. 12.02(6).

http://www.tba.org/tba_files/TSC/Bellfm_opn.WP6



DIANA MORRIS VS. STATE OF TENNESSEE Court:TSC Attorneys: For Appellant: For Appellee: BILL HODDE JOHN KNOX WALKUP Madison, TN Attorney General and Reporter MICHAEL E. MOORE Solicitor General MICHAEL W. CATALANO Associate Solicitor General Nashville, TN Judge:BIRCH First Paragraph: This case requires us to determine whether the Tennessee Claims Commission has subject-matter jurisdiction over actions filed against the State for the tort of retaliatory discharge. Because we conclude that the Claims Commission does not have such jurisdiction, the judgment of the Court of Appeals vacating the Claims Commission's award and dismissing the retaliatory discharge action is affirmed. http://www.tba.org/tba_files/TSC/Morrisd_opn.WP6
JAMES McCAIN and MARY E. McCAIN VS. CARY VAUGHN Court:TCA Attorneys: For the Plaintiffs/Appellants: For the Defendant/Appellee: David M. Sullivan Randall J. Fishman Memphis, Tennessee Jeffrey S. Rosenblum Memphis, Tennessee Judge:LILLARD First Paragraph: This is an intentional tort action for assault and battery resulting from a dispute between neighbors. After a bench trial, the trial court awarded Plaintiff James McCain a judgment of $1,697.50, and found in favor of the Defendant on Mary McCain's claim. We affirm. http://www.tba.org/tba_files/TCA/mccainj_opn.WP6

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