March 8, 1999
Volume 5 -- Number 032

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
03 New Opinion(s) from the Tennessee Court of Appeals
01 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





For Appellant:              For Appellee:
Donald E. Parish            John Knox Walkup    
IVEY, PARISH & JOHNS        Attorney General & Reporter
Huntingdon, Tennessee
                            Michael E. Moore
                            Solicitor General

                            Timothy F. Behan
                            Assistant Attorney General
                            Nashville, Tennessee

                            At Trial:
                            Robert Radford
                            District Attorney General

                            Eleanor Cahill
                            Assistant District Attorney General
                            Huntingdon, Tennessee                            


First Paragraph:

We granted this appeal to determine whether the trial court properly
ruled that the prosecution abused its discretion by failing to
consider all of the relevant factors in denying the defendant's
application for pretrial diversion, and whether the Court of Criminal
Appeals erred in remanding the case for an evidentiary hearing.  The
Court of Criminal Appeals agreed that the prosecutor's written letter
denying diversion did not discuss all of the relevant factors, but
remanded for an evidentiary hearing to allow the prosecutor to testify
as to the factors that were considered in denying pretrial diversion.


TERI MICHELLE PARKER VS. RICHARD KEN PARKER WITH CONCURRING OPINION Court:TSC Attorneys: For Appellant: For Appellee: Robert Clive Marks Laurence M. McMillan, Jr. MARKS, SHELL, MANESS & MARKS CUNNINGHAM, MITCHELL, HICKS, Clarksville, Tennessee BROLLIER & McMILLAN Clarksville, Tennessee Judge:ANDERSON First Paragraph: We granted the appeal in this child custody case to determine whether the trial court erred in admitting expert testimony regarding the effects of an interracial relationship on the child and in later excluding the trial court's comments from the statement of evidence. CONCURRING OPINION:
BURSON & SIMPSON LODGE DEVELOPMENTS, INC. VS. THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, and THE METROPOLITAN PLANNING COMMISSION Court:TCA Attorneys: GEORGE A. DEAN PARKER LAWRENCE CANTRELL & DEAN Nashville, Tennessee ROBERT RUTHERFORD RUTHERFORD, DEMARCO & WHITE Nashville, Tennessee Attorneys for Appellant THOMAS G. CROSS Metropolitan Attorney Nashville, Tennessee Attorney for Appellees Judge:HIGHERS First Paragraph: Burson & Simpson Lodge Developments, Inc. ("Burson & Simpson") appeals from the trial court's affirmance of a decision rendered by the Nashville and Davidson County Metropolitan Planning Commission (the "Planning Commission"), whereby the Planning Commission characterized a proposed amendment to a planned unit development as a "basic change in development concept," and whereby the Planning Commission disapproved the amendment. We find that, based upon the record before this Court, the Planning Commission's disapproval of the proposed amendment was illegal, arbitrary, or capricious and, therefore, we reverse the holding of the trial court.
KENNETH LARRY MANGUM VS. GOLDEN GALLON CORPORATION Court:TCA Attorneys: For the Plaintiff/Appellant: For the Defendant/Appellee: James D. Lane, II H. Richard Marcus Ray, VanCleave & Jackson Fleissner, Cooper, Marcus & Quinn Tullahoma, Tennessee Chattanooga, Tennessee Judge:KOCH First Paragraph: This premises liability action involves a disabled person who was injured when he tripped on a floor mat while entering a convenience market in Decherd. The patron's suit against the market, originally filed in the Chancery Court for Franklin County but later transferred to the Circuit Court for Franklin County, alleged that the market had created a dangerous condition, especially for patrons using crutches, by placing the floor mat at its entrance. The market moved for summary judgment, relying on the deposition testimony of the patron, two employees of the market, and the market's surveillance camera videotape of the patron's fall. The trial court granted the motion, and the patron has appealed. We have determined that the market is entitled to a judgment as a matter of law and, accordingly, affirm the summary judgment.
JOSEPH RUSSELL VS. SECURITY INSURANCE INC. MID-SOUTH INSURANCE SPECIALISTS and NORTHLAND INSURANCE COMPANIES VS. CHARLES MCPHERSON Court:TCA Attorneys: RICHARD GLASSMAN and RICHARD SORIN Glassman, Jeter, Edwards & Wade, P.C. 26 North Second Street Memphis, Tennessee 38103 Attorneys for Defendants/Appellants ANNE RUSSELL 2021 Richard Jones Road Suite 350 Nashville, Tennessee 37215 Attorney for Third Party Plaintiff/Appellee Judge:COTTRELL First Paragraph: In this action two insurance companies sought to reform a contract providing for $25,000 in medical payment coverage based on a claim that the $25,000 amount, which appeared in the original policy and two renewals, was a typographical error. The companies insisted that $2500 was the correct amount since the insured requested "maximum coverage" and $2500 was the maximum coverage the company offered for the type of insurance involved. The trial court denied the insurance companies' motion for summary judgment, refusing to reform the contract, and granted the third party beneficiary's motion for summary judgment for enforcement of the contract as written. We affirm the judgment of the trial court.
STATE OF TENNESSEE VS. DEMETRIUS ROBINSON Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Gerald C. Russell John Knox Walkup 125 E. Broadway Avenue Attorney General & Reporter Maryville, TN 37804 R. Stephen Jobe Assistant Attorney General Criminal Justice Division 425 Fifth Avenue North 2d Floor, Cordell Hull Building Nashville, TN 37243-0493 Judge:BYERS First Paragraph: On October 15, 1997, the defendant was convicted of delivering cocaine and he was sentenced to serve four years in the penitentiary. The defendant was tried along with a co-defendant Reggie Barton. In the course of the trial, statements made by Barton implicated the defendant. The defendant raises the following issues: 1. Whether the defendant's Motion To Sever the trial should have been granted? 2. Whether the co-defendant's statement to the confidential informant should have been excluded or redacted? We affirm the judgment of the trial court.

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