|
May 28, 1999
Volume 5 -- Number 074
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 |
| 02 |
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
|
-
There are three ways for TBALink members to get the full-text
versions of these opinions from the Web:
Do a key word search in the Search Link area of TBALink.This option will allow you to view and save a
plain text version of the opinion.
*NEW* Browse the Opinion List area of TBALink. This option will allow you to download the original
WordPerfect 6.0 version of the opinion.
Click the URL at end of each Opinion paragraph below. This option
will allow you to download the original WordPerfect 6.0 document.
Lucian T. Pera
Editor-in-Chief, TBALink
ADVANCED SALES, INC.,
by GARY E. NEELEY, PRESIDENT
VS.
WILSON COUNTY, WILSON COUNTY
BOARD OF ZONING APPEALS,
KATHY DEDMON, d/b/a WILSON
COUNTY BUILDING INSPECTOR
Court:TCA
Attorneys:
B. KEITH WILLIAMS
TAYLOR, TAYLOR, LANNOM & WILLIAMS
102 East Main Street
Lebanon, Tennessee 37087
Attorney for Plaintiff/Appellee
MICHAEL R. JENNINGS
326 North Cumberland Street
Lebanon, Tennessee 37087
Attorney for Defendants/Appellants
Judge:CANTRELL
First Paragraph:
In this appeal of a decision of the Wilson County Board of Zoning
Appeals, we are asked to decide (1) when is the Board's decision entered
for the purpose of calculating the sixty day time limit for appeal in
Tenn. Code Ann. S 27-9-102, and (2) whether the Board's decision was
arbitrary, illegal, or fraudulent. The Chancery Court of Wilson County
held that the appeal was timely and overturned the decision of the
Board. We reverse and dismiss the action.
http://www.tba.org/tba_files/TCA/Advanced_opn.WP6
WILLIAM H. BUFORD and wife,
ROSALYN BUFORD
VS.
MARGIE M. CUNNINGHAM
Court:TCA
Attorneys:
KIRK C. WAITE
Mooreland Mansion
7100 Executive Center Drive
P. O. Box 1966
Brentwood, Tennessee 37024-1966
ATTORNEY FOR PLAINTIFFS/APPELLANTS
DANIEL L. WISCHHOF
Wischhof & Allen
Glancy Square, Suite 207
110 Glancy Street
Goodlettsville, Tennessee 37072
ATTORNEY FOR DEFENDANT/APPELLEE
Judge:CAIN
First Paragraph:
This appeal concerns a suit by appellants against appellee asserting
fraud and misrepresentation in the sale of a house.
http://www.tba.org/tba_files/TCA/Bufordwm_opn.WP6
LITTLE SIX CORPORATION
VS.
RUTH JOHNSON, COMMISSIONER
OF REVENUE OF THE STATE OF
TENNESSEE, AND THE
DEPARTMENT OF REVENUE OF THE
STATE OF TENNESSEE
Court:TCA
Attorneys:
G. MICHAEL BURKE
148 Bristol East Road
Bristol, Virginia 24201
EVERETT B. GIBSON
1010 Cotton Exchange Building
65 Union Avenue
Memphis, Tennessee 38173-0351
Attorneys for Plaintiff/Appellee
PAUL G. SUMMERS
Attorney General & Reporter
M. TY PRYOR
Assistant Attorney General
425 Fifth Avenue North
Nashville, Tennessee 37243
Attorney for Defendant/Appellant
Judge:CANTRELL
First Paragraph:
The trial court ordered the Department of Revenue to refund $113,580 to
the plaintiff corporation, holding that as the surviving entity in a
corporate merger, it was entitled to use tax deductions and tax credits
that had been acquired prior to the merger by the non-surviving
corporation. We reverse the court's order in regard to the loss
carryover deductions, and affirm its order on the industrial tax
credits.
http://www.tba.org/tba_files/TCA/Lilsix_opn.WP6
STATE OF TENNESSEE
VS.
LOWELL CLAYTON GREDIG, JR.
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Natalee S. Hurley John Knox Walkup
Assistant Public Defender Attorney General & Reporter
419 High Street 425 Fifth Avenue North
Maryville, TN 37804 Nashville, TN 37243-0493
(At Trial)
Michael J. Fahey, II
Gerald L. Gulley Assistant Attorney General
P. O. Box 1708 425 Fifth Avenue North
Knoxville, TN 37901-1708 Nashville, TN 37243-0493
(On Appeal)
Michael L. Flynn
District Attorney General
363 Court Street
Maryville, TN 37804-5906
Lisa McKenzie
Assistant District Attorney General
363 Court Street
Maryville, TN 37804-5906
Judge:LAFFERTY
First Paragraph:
The appellant, Lowell Clayton Gredig, Jr., appeals as of right from the
revocation of his probation. The appellant challenges both the
revocation and the denial of an alternative sentence, insisting that the
trial court erred in revoking his probation and in sentencing him to
incarceration in lieu of imposing an alternative sentence. After a
careful review of the entire record, briefs and arguments of the
parties, and applicable law, we affirm the trial court's judgment.
http://www.tba.org/tba_files/TCCA/Grediglc_opn.WP6
STATE OF TENNESSEE
VS.
JOEL GUILDS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
DAVID H. KING JOHN KNOX WALKUP
KING, TURNBOW & BRISBY Attorney General and Reporter
203 Third Avenue South
Franklin, TN 37064 TIMOTHY BEHAN
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243
JOE D. BAUGH, JR.
District Attorney General
JEFF BURKS
Assistant District Attorney
P. O. Box 937
Franklin, TN 37065-0937
Judge:SMITH
First Paragraph:
On April 14, 1997, the Williamson County Grand Jury indicted Appellant
Joel P. Guilds for driving under the influence of an intoxicant, second
offense, and for driving on a revoked license. On October 15, 1997,
Appellant filed a motion to have the two charges tried separately. The
trial court initially denied the motion, but after Appellant's trial
began on October 29, 1997, the trial court granted the motion to sever.
Later that same day, a Williamson County jury convicted Appellant of
driving under the influence of an intoxicant. On February 13, 1998, the
trial court imposed a sentence of eleven months and twenty-nine days.
Appellant challenges his conviction, raising the following issues:
1)whether Appellant was prejudiced by the late severance of the charges;
2) whether the trial court abused its discretion when it allowed a
witness to testify who had not been disclosed to Appellant until the day
of trial;
3) whether the evidence was sufficient to support Appellant's
conviction; and
4) whether a comment by the prosecutor during closing
argument constituted prosecutorial misconduct that deprived Appellant of
a fair trial;
After a review of the record, we affirm the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/Guildsjo_opn.WP6
PLEASE FORWARD THIS EMAIL!
Feel free to forward this Opinion Flash on to anyone you know
of with an e-mail address.
GET A FULL-TEXT COPY OF AN OPINION!
See the intrsuctions at the beginning of this edition of Opinion
Flash.
JOIN TBALink!
While Opinion Flash is a free service of the Tennessee Bar Association,
you must be a subscriber to TBALink, the premier Web site for
Tennessee attorneys, in order to access the full-text of the opinions
or enjoy many other features of TBALink. TBA members may join
TBALink for just $50 per year. To join, go to: http://www.tba.org/join.html/
SUBSCRIBE TO OPINION FLASH!
Would you like to receive the TBALink Opinion-Flash free each
day by e-mail? Anyone -- whether a TBA member or not is welcome
to subscribe ... it's free!
For the Plain Text Version:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE
3) Leave the body of the message blank
For the HTML Text Version:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE HTML
3) Leave the body of the message blank
UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT!
To STOP receiving TBALink Opinion-Flash:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: UNSUBSCRIBE
3) Leave the body of the message blank
     
© Copyright 1999 Tennessee Bar Association
|
