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