April 22, 1999
Volume 5 -- Number 053

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):
 
03 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
19 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

GLOBE BUSINESS FURNITURE
OF TENNESSEE, INC.
VS.
GAYLA YOUNG
Court:TSC

JUDGMENT ORDER                         

Judge:Goodall

First Paragraph:

This case is before the Court upon the entire record, including the
order of referral to the Special Workers' Compensation Appeals Panel,
and the Panel's Memorandum Opinion setting forth its findings of fact
and conclusions of law, which are incorporated herein by reference.
Whereupon, it appears to the Court that the Memorandum Opinion of the
Panel should be accepted and approved; and It is, therefore, ordered
that the Panel's findings of fact and conclusions of law are adopted
and affirmed, and the decision of the Panel is made the judgment of
the Court.

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



GERALDINE HARRIS VS. SABH-MOR FLO INDUSTRIES, AMERICAN WATER HEATER GROUP, d/b/a AMERICAN WATER HEATERS EAST, INC. and ZURICH AMERICAN INSURANCE Court:TSC Attorneys: For the Appellant: For the Appellees: Greg Holt J. Eddie Lauderback Seaton, Holt & Herrin Herndon, Coleman, Brading 926 W. Oakland Ave. & McKee Suite 220 104 E. Main Street Johnson City, Tenn. 37601 P.O. Box 1160 Johnson City, Tenn. 37605-1160 Judge:THAYER First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. http://www.tba.org/tba_files/TSC/Harrisge_wc.WP6
DAVID W. REED VS. WAUSAU INSURANCE COMPANY Court:TSC JUDGMENT ORDER Judge:SMITH First Paragraph: This case is before the Court upon the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference. Whereupon, it appears to the Court that the Memorandum Opinion of the Panel should be accepted and approved; and It is, therefore, ordered that the Panel's findings of fact and conclusions of law are adopted and affirmed, and the decision of the Panel is made the judgment of the Court. http://www.tba.org/tba_files/TSC/Reed_jo.WP6
TERESA A. BEASON (BROWN) VS. JEFFREY A. BEASON Court:TCA JUDGMENT ORDER Judge:SWANN First Paragraph: The appeal came on to be heard upon the record from the Circuit Court of Knox County and briefs filed on behalf of the respective parties. Upon consideration thereof, this Court is of the opinion that the judgment of the trial court should be modified. http://www.tba.org/tba_files/TCA/Beason_jdg.WP6
CHARLES BUFORD BURNS VS. BARBARA SPANGLER BURNS Court:TCA JUDGMENT ORDER Judge:WILLIAMS First Paragraph: This appeal came on to be heard upon the record of the Chancery Court of Bradley County and briefs filed on behalf of the respective parties. Upon consideration thereof, this Court is of the opinion that there is no reversible error in the trial court's judgment. http://www.tba.org/tba_files/TCA/Burns_jdg.WP6
GEORGE LANGSTON CLARK VS. LINDA LOUISE CLARK Court:TCA JUDGMENT ORDER Judge:CATE First Paragraph: This appeal came on to be heard upon the record of the Chancery Court of Knox County and briefs filed on behalf of the respective parties. Upon consideration thereof, this Court is of the opinion that there is no reversible error in the trial court's judgment. http://www.tba.org/tba_files/TCA/Clark_jdg.WP6
CLEVELAND SURGERY CENTER L.P., and OCOEE PHYSICAL THERAPY, INC. VS. BRADLEY COUNTY MEMORIAL HOSPITAL, BRADLEY BUILDING LLC, and OCOEE HEALTH ALLIANCE Court:TCA Attorneys: Michael E. Callaway, Cleveland, for Appellant Bradley County Memorial Hospital. Donald J. Cocke, Memphis, for Appellant Ocoee Health Alliance. William H. West, Nashville, and Buddy B. Presley, Jr., Chattanooga,for Appellees Cleveland Surgery Center and Ocoee Physical Therapy, Inc. William B. Hubbard and Jerry W. Taylor, Nashville, for Amici Curiae, Tennessee Hospital Association and Health Systems and Hospital Alliance of Tennessee, Inc. Judge:INMAN First Paragraph: Two private health care providers sought a declaratory judgment that a county-owned hospital and its business partners had entered into business ventures which were ultra vires and in violation of the Tennessee Constitution. The trial court held that the county hospital had exceeded its authority by entering into unconstitutional business dealings with private entities, and issued an injunction permanently restraining the hospital from participating in these or any similar ventures. We affirm the judgment of the trial court as to the specific business ventures involving these defendants. We modify the judgment by narrowing the permanent injunction consistent with this opinion. http://www.tba.org/tba_files/TCA/Clevelan_ca3.WP6
HEATHER N. COCHRAN VS. RICHARD H. LOWE Court:TCA Attorneys: JAMES W. HARRISON OF MORRISTOWN FOR APPELLANT P. RICHARD TALLEY OF DANDRIDGE FOR APPELLEE Judge:VANCE First Paragraph: Richard H. Lowe appeals a judgment rendered against him in favor of Heather N. Cochran in the total amount of $27,500. He argues on appeal that Ms. Cochran, who was injured in a vehicular accident with Mr. Lowe, did not introduce any proof to show what her future drug expenses would be and, consequently, the portion of the judgment allocated for that should be reduced to $9000, the amount of future physician expenses she did prove she would incur. http://www.tba.org/tba_files/TCA/Cochranh_opn.WP6
DELORES J. COLEMAN VS. ROBERT C. COLEMAN Court:TCA JUDGMENT ORDER Judge:TURNBULL First Paragraph: This appeal came on to be heard upon the record from the Circuit Court of Cumberland County and briefs filed on behalf of the respective parties. Upon consideration thereof, this Court is of the opinion that the trial court' http://www.tba.org/tba_files/TCA/Coleman_jdg.WP6
STATE OF TENNESSEE, DEPARTMENT OF CHILDREN'S SERVICES VS. STEPHEN PAUL GALVIN and VALERIE MARIE MEDINA GALVIN Court:TCA JUDGMENT ORDER Judge:SEELEY First Paragraph: The appeal came on to be heard upon the record from the Circuit Court of Carter County and briefs filed on behalf of the respective parties. Upon consideration thereof, this Court is of the opinion that the judgment of the trial court should be reversed. http://www.tba.org/tba_files/TCA/Galvin_jdg.WP6
RALPH LEE, Administrator of the Estate of Raymond P. Lee, Deceased VS. BEE STRICKLAND Court:TCA Attorneys: For Appellant For Appellee J. REED DIXON EUGENE B. DIXON Sweetwater, Tennessee Koella & Dixon, Attorneys Maryville, Tennessee Judge:SUSANO First Paragraph: Ralph Lee ("Lee"), in his capacity as administrator of the Estate of Raymond P. Lee ("the Estate"), brought suit against the defendant, Bee Strickland ("Strickland"), alleging that Strickland had interfered with the harvesting of timber on the Estate's property. He sought injunctive relief and compensatory and punitive damages. Following a bench trial, the court below awarded the Estate compensatory damages of $15,000 plus pre-judgment interest. Strickland appeals, claiming that the judgment is "contrary to the evidence in this case." Lee, as appellee, argues that the award is inadequate and that it should, in any event, be tripled pursuant to the provisions of T.C.A. S 47-50-109. We affirm. http://www.tba.org/tba_files/TCA/Leer_opn.WP6
ALVIN McNAIR VS. CARLTON E. SMITH Court:TCA Attorneys: CARLTON E. SMITH, Whiteville, Pro Se Appellant. GARY M. KIRK, Knoxville, for Appellee Judge: MCMURRAY First Paragraph: In this action, defendant Carlton Smith appeals the trial court's decision to deny his motion to set aside a default judgment which had been entered against him, which he filed under Rule 60.02 of the Tennessee Rules of Civil Procedure. In his motion, Smith alleges that he was never served with valid service of process and thus was not given notice of the action against him which had been filed by the plaintiff, Alvin McNair. We vacate the trial court's judgment and remand the case for a trial on the merits. http://www.tba.org/tba_files/TCA/Mcnaira_opn.WP6
JEFFREY MORGAN VS. THOMAS L. DRISKILL Court:TCA Attorneys: For Appellant For Appellee THOMAS L. DRISKILL JEFFREY L. JONES Pro Se STEVEN DOUGLAS DRINNON Knoxville, Tennessee Rainwater & Jones Dandridge, Tennessee Judge:SUSANO First Paragraph: This is an unlawful detainer action. Jeffrey Morgan filed a civil warrant against Thomas L. Driskill in the Jefferson County General Sessions Court seeking to recover a mobile home and lot in Strawberry Plains. Judgment restoring the plaintiff to possession was entered in that court. http://www.tba.org/tba_files/TCA/Morganj_opn.WP6
JOHN PAUL NEAS, III, and Wife, PATRICIA NEAS, et al. VS. HELEN JANE KERNS Court:TCA Attorneys: For Appellant For Appellee THOMAS C. JESSEE JOHN RAMBO Jessee & Jessee Herrin, Booze & Rambo Johnson City, Tennessee Johnson City, Tennessee Judge: First Paragraph: John Paul Neas, III, his wife, Patricia Neas, and other residents of Town and Country Estates in Washington County sued Helen Jane Kerns ("Kerns"), seeking to enforce restrictions prohibiting the use of a mobile home or trailer as a residence in the subdivision. Following a bench trial, the lower court held that Kerns' "proposed [placement] of a manufactured home on her lot would violate the protective covenants and restrictions for Town and Country Estates"; it therefore enjoined Kerns from taking such action. Kerns appeals, arguing that the trial court erred in interpreting the applicable restrictions and in finding that the subject structure was a "mobile home." http://www.tba.org/tba_files/TCA/Neasjp_opn.WP6
JEFFREY ALAN NICELY and wife, ALLISON NICELY VS. JOHN DOE, an unknown person, and JANE DOE, an unknown person, Defendants, and LIBERTY MUTUAL INSURANCE COMPANY Court:TCA Attorneys: For Appellant For Appellee FRANCIS A. CAIN NORBERT J. SLOVIS ROBERT L. KAHN Knoxville, Tennessee Knoxville, Tennessee Judge: First Paragraph: We granted this interlocutory appeal to determine if the complaint in this case states a cause of action against the plaintiffs' uninsured motorist carrier, Liberty Mutual Insurance Company ("Liberty"). We find that it does not. Accordingly, we reverse the trial court's finding to the contrary and dismiss the plaintiffs' complaint. http://www.tba.org/tba_files/TCA/Nicelyja_opn.WP6
SANDRA BAKER NORRIS VS. DIMITRIOS MICHAEL GOUNARIS, et ux., LILA RICHANI GOUNARIS, and J. R. MILHORN, JR., et ux., RUBY M. MILHORN and SHAUKI A. RICHANI Court:TCA Attorneys: MICHAEL A. EASTRIDGE OF JOHNSON CITY FOR APPELLANTS DAVID W. TIPTON OF BRISTOL FOR APPELLEE Judge:LADD First Paragraph: This is a suit wherein Plaintiff Sandra Baker Norris seeks a declaration of the rights she acquired by an easement conveyed to her by J. R. Milhorn, Jr., and his wife. http://www.tba.org/tba_files/TCA/Norrissa_opn.WP6
FAYE L. O'BRYANT VS. REEDER CHEVROLET COMPANY, INC., d/b/a/ CHEVROLET-GEO COMPANY Court:TCA Attorneys: J. Myers Morton and George W. Morton, Jr., Knoxville, for Appellant. James A. McIntosh, Knoxville, for Appellees. Judge:INMAN First Paragraph: A jury returned a verdict for the defendant in this action seeking rescission of the purchase of an automobile for alleged violations of the Tennessee Commercial Code and the Consumer Protection Act. http://www.tba.org/tba_files/TCA/Obryant_ca3.WP6
PATRICIA ANNE PEHLMAN VS. GREGORY LAWRENCE PEHLMAN, and SOBIESKI, MESSER & ASSOCIATES Court:TCA Attorneys: ROBERT L. CROSSLEY, THE CROSSLEY LAW FIRM, P.C., Knoxville, for Appellant. DANIEL L. TAYLOR, Memphis, for Appellee. WANDA G. SOBIESKI, SOBIESKI, MESSER & ASSOCIATES, Knoxville, for Intervenor. Judge: FRANKS First Paragraph: In this action Patricia Anne Pehlman essentially seeks a declaration that marital property awarded to her in a divorce is not subject to a lien in favor of the intervenor. http://www.tba.org/tba_files/TCA/Pehlmanp_opn.WP6
RONALD L. SKEEN VS. FIRST UNION NATIONAL BANK OF TENNESSEE Court:TCA Attorneys: For Appellant For Appellee F. SCOTT MILLIGAN MARK S. DESSAUER Little & Milligan, PLLC Hunter, Smith & Davis Knoxville, Tennessee Kingsport, Tennessee Judge:OGLE First Paragraph: Ronald L. Skeen ("Skeen") seeks compensatory and punitive damages, as well as other relief, from First Union National Bank of Tennessee ("the Bank"). His claim arises out of an alleged breach of a deposit agreement with the Bank, the Bank's alleged breach of its fiduciary duty, and other alleged misconduct. Following a bench trial, the trial court granted Skeen limited relief but denied the bulk of his claim. http://www.tba.org/tba_files/TCA/Skeenrl_opn.WP6
BETTY JEAN STREET VS. ROBERT L. WADDELL, GARY WALTERS, TRUSTEES OF SALEM PRESBYTERIAN CHURCH, TRUSTEES OF SALEM PRESBYTERIAN CEMETERY FUND, RANDY HURST and RUTH TRIVETTE BRAY Court:TCA Attorneys: BOB McD. GREEN, Johnson City, for Plaintiff-Appellant. M. STANLEY GIVENS and JACK R. CARRIER, Johnson City, for Defendants-Appellees. Judge:SEELEY First Paragraph: In this will contest case, the Trial Judge upheld a will without a jury, and the contestant has appealed. http://www.tba.org/tba_files/TCA/Streetb_opn.WP6
JOHN R. WHALEY VS. STATE OF TENNESSEE, ex rel ANNA GIVENS Court:TCA Attorneys: KEVIN W. SHEPHERD, Maryville, for Petitioner-Appellant. JOHN KNOX WALKUP, Attorney General and Reporter, and RONALD W. McNUTT, Assistant Attorney General, Nashville, for Respondent-Appellee. Judge:DENTON First Paragraph: Appellant filed a T.R.C.P. Rule 60 with the Trial Court on March 12, 1996, attacking a judgment entered by the Juvenile Court on August 1, 1980. http://www.tba.org/tba_files/TCA/Whaleyj_opn.WP6

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