March 9, 1999
Volume 5 -- Number 33

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
03 New Opinion(s) from the Tennessee Court of Appeals
04 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

		
		


ROBERT D. FULCHER, III and
wife, ELEANOR FULCHER and
ALLEN-FULCHER PARTNERSHIP
VS.
R. CHANCELLOR ALLEN, and
H. STANLEY ALLEN, TRUSTEE,
and HARWELL-ALLEN 
PARTNERSHIP


Court:TCA

Attorneys:  


Gail P. Pigg of Nashville
For Appellants

Alvin L. Harris; Weed, Hubbard, Berry & Doughly of Nashville
For Appellees
                    
Judge: CRAWFORD

First Paragraph:

This appeal involves a dispute between partners. 
Plaintiffs-Appellants, Robert D. Fulcher III, Eleanor Fulcher, and
Allen-Fulcher Partnership, appeal the trial court's ruling in favor of
Appellees, R. Chancellor Allen, H. Stanley Allen, and Harwell-Allen
Partnership. Longtime friends, Robert Fulcher (Fulcher) and Chancellor
Allen (Allen), entered into two partnerships to develop real estate
during the mid-1980's.  These partnerships continued into the
mid-1990's when financial difficulties began to cause extreme conflict
between Fulcher and Allen.  These conflicts subsequently led to the
lawsuit upon which this appeal is premised.

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



STEVEN MEREDITH GARMON VS. FISK UNIVERSITY, HENRY PONDER, PRESIDENT, REAVIS L. MITCHELL, DEAN OF ACADEMIC AFFAIRS Court:TCA Attorneys: KENT M. WEEKS 2021 Richard Jones Road, Suite 350 Nashville, Tennessee 37215 Attorney for Plaintiff/Appellant SUZETTE PEYTON 5317 Ashlawn Drive Nashville, Tennessee 37211 RICHARD MANSON 1314 Fifth Avenue North, Suite 300 Nashville, Tennessee 37208 Attorneys for Defendants/Appellees Judge: CANTRELL First Paragraph: A white college professor denied tenure sued his university employer for breach of contract and racial discrimination. The Chancery Court of Davidson County dismissed both claims. We reverse the judgment dismissing the contract claim and affirm the ruling on the discrimination claim. http://www.tba.org/tba_files/TCA/Garmonsm_opn.WP6
VANDERBILT UNIVERSITY VS. THE COUNTY OF MACON, LAFAYETTE, TENNESSEE, Court:TCA Attorneys: John B. Ingelson of Nashville For Plaintiff-Appellee James D. White of Celina for Defendant-Appellant Judge:Tomlin First Paragraph: Vanderbilt University Medical Center ("Vanderbilt") filed suit in the Chancery Court of Davidson County against Macon County ("County") seeking a judgment against County in the amount of $20,671.95 for medical services rendered by Vanderbilt in Nashville to an inmate who had been in the custody of County and who had been brought to Vanderbilt for treatment. Both Vanderbilt and County filed motions for summary judgment, supported by affidavit or affidavits. Following a hearing, the chancellor denied County's summary judgment motion and granted summary judgment in favor of Vanderbilt. http://www.tba.org/tba_files/TCA/Vandun_opn.WP6
A. D. BARKER VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: ALAN R. FELTES JOHN KNOX WALKUP 159 West Main St, Ste 1 Attorney General & Reporter Sevierville, TN 37862 ELIZABETH B. MARNEY Assistant Attorney General 2nd Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, TN 37243 AL C. SCHMUTZER, JR. District Attorney General G. SCOTT GREEN Assistant District Attorney General 125 Court Avenue, Room 301-E Sevierville, TN 37862 Judge:Woodall First Paragraph: The Petitioner, A. D. Barker, appeals the order of the Sevier County Circuit Court dismissing his petition for post-conviction relief. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Barkerad_opn.WP6
STATE OF TENNESSEE VS. ROBERT EUGENE PFOFF, SR., Court:TCCA Attorneys: For Appellant: For Appellee: Paul G. Whetstone John Knox Walkup Attorney Attorney General and Reporter 502 No Jackson St Morristown, TN 37814 Eric W. Dabb Assistant Attorney General Criminal Justice Division 425 Fifth Avenue North Nashville, TN 37243 Victor Vaughn and John Dugger Assistant District Attorneys General 519 Allison Street Morristown, TN 37814 Judge:Wade First Paragraph: The defendant, Robert Eugene Pfoff, Sr., was convicted on two counts of sexual battery, a Class E felony. The trial court imposed concurrent Range I sentences of one year on each count, to be served in confinement, and denied any form of alternative sentence. http://www.tba.org/tba_files/TCCA/Pfoffre_opn.WP6
STATE OF TENNESSEE VS. CHRISTOPHER WAYNE CURTIS Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: TERRY C. FRYE JOHN KNOX WALKUP 2001 Euclid Avenue Attorney General & Reporter Bristol, Virginia 24201 ELIZABETH B. MARNEY Assistant Attorney General 2nd Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, TN 37243 H. GREELEY WELLS, JR. District Attorney General BARRY P. STAUBUS Assistant District Attorney General 140 Blountville Bypass P.O. Box 526 Blountville, TN 37617 Judge:Woodall First Paragraph: Christopher Wayne Curtis, the Defendant, appeals as of right following his sentencing hearing in the Sullivan County Criminal Court. Defendant pled guilty to one (1) count of child abuse, a Class D felony. Following his sentencing hearing, Defendant was sentenced to two (2) years as a Range I Standard Offender. The Defendant appeals on the basis of the trial court's denial of any form of alternative sentencing. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Curtiscw_opn.WP6
STATE OF TENNESSEE VS. JERRY ALLEN ELLISON Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Ardena J. Garth John Knox Walkup District Public Defender Attorney General & Reporter 11th Judicial District R. Stephen Jobe Donna Robinson Miller Assistant Attorney General Asst District Public Defender Criminal Justice Division Suite 300 - 701 Cherry St. 425 Fifth Avenue North Chattanooga, TN 37402 2d Floor, Cordell Hull Building Nashville, TN 37243-0493 Judge:Byers First Paragraph: This is an appeal by the defendant from the judgment of the trial court which revoked a previously granted probation to him. The judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/Ellisonj_cca.WP6

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