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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