June 23, 1999 Volume 5 -- Number 086 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):   01 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 06 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   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 JOE W. DILLARD VS. TEXTRON, INC., d/b/a TEXTRON AEROSTRUCTURES Court:TSC JUDGMENT Judge:LYLE First Paragraph: This case is before the Court upon motion for review pursuant to Tenn. Code Ann. S 50-6-225(e)(5)(B), 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 motion for review is not well taken and should be denied; 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. Costs will be paid by Defendant/Appellee, for which execution may issue if necessary. IT IS SO ORDERED. http://www.tba.org/tba_files/TSC/Dill_jo.WP6 IN THE MATTER OF: S.M.C. and J.L.C. Court:TCA Attorneys: Thomas H. Miller Franklin, Tennessee Attorney for Petitioner/Appellant, David Edward Chaphe, Jr. J. Michael O'Neil Nashville, Tennessee Attorney for Petitioner/Appellant, Sonya Chaphe Paul G. Summers, Attorney General & Reporter Douglas Earl Dimond, Assistant Attorney General Nashville, Tennessee Attorney for Respondent/Appellee Judge:HIGHERS First Paragraph: Respondents David Edward Chaphe, Jr. ("Mr. Chaphe") and Sonya Chaphe ("Mrs. Chaphe") (collectively "Chaphes" or "Appellants") appeal from the judgement of the Juvenile Court which terminated the Chaphes' parental rights to daughter, S.M.C. and son, J.L.C. http://www.tba.org/tba_files/TCA/Chaphe_opn.WP6 CORINNE T. CIANGI (SALVATORE) VS. NEIL ANTHONY CIANGI Court:TCA Attorneys: James Robin McKinney, Jr. of Nashville For Appellant James g. Martin III, Gregory D. Smith Farris, Warfield & Kanaday, PLC of Nashville For Appellee Judge:CRAWFORD First Paragraph: This appeal involves a petition to modify a final decree of divorce by extending the alimony payments. Appellant, Corinne T. Ciangi (Wife) appeals the trial court's order dismissing the petition. http://www.tba.org/tba_files/TCA/Ciangico_opn.WP6 AMBROSE W. J. CLAY VS. JOHN JASON SMITH and LOUIS F. SMITH Court:TCA Attorneys: AMBROSE W. J. CLAY 1704 Ashwood Avenue Nashville, Tennessee 37212 ACTING PRO SE FOR PLAINTIFF/APPELLANT ALAN M. SOWELL GRACEY, RUTH, HOWARD, TATE, & SOWELL 150 Second Avenue, North Suite 201 Nashville, Tennessee 37201 ATTORNEY FOR DEFENDANTS/APPELLEES Judge:COTTRELL First Paragraph: Ambrose W. J. Clay commenced this negligence action after a June 1996 collision involving a car he was driving and a vehicle driven by John Jason Smith, seeking damages for personal injuries and property damage. The Circuit Court issued a defense verdict from which Mr. Clay appeals. We affirm. http://www.tba.org/tba_files/TCA/Claypjc_opn.WP6 SARAH BETH CLINGAN OVERSTREET VS. SHONEY'S, INC. Court:TCA Attorneys: For the Plaintiff/Appellee: For the Defendant/Appellant: John K. Maddin, Jr. Lawrence E. Levine Malcolm L. McCune Levine Mattson Orr & Geracioti Maddin Miller & McCune Nashville, Tennessee Nashville, Tennessee Jim H. Camp William A. Cameron Sparta, Tennessee Cameron & Chaffin Cookeville, Tennessee Judge:KOCH First Paragraph: This appeal involves a freakish accident in which a shard from a broken dinner plate caused a restaurant patron to lose the sight in her left eye. The patron and her husband filed suit against the waitress who dropped the plate and the restaurant in the Circuit Court for Putnam County seeking damages for her injuries and for his loss of consortium. Following a three-day trial, the jury awarded the patron $2,013,000. On this appeal, the restaurant takes issue with several of the trial court's evidentiary rulings, the trial court's verdict form, and the trial court's refusal to grant a remittitur. We affirm the judgment. http://www.tba.org/tba_files/TCA/Overstre_opn.WP6 LORI PARR, SUE MURRAY, OLLIE STUART, KEVIN SELLERS, MARY LOU DAVY, VS. TOWER MANAGEMENT COMPANY, CEDAR PARK MOBILE HOME ESTATES, CATHY BORN, ANN SNELL Court:TCA Attorneys: LORI PARR, Pro Se 1784 West Northfield Blvd., Box 267 Murfreesboro, Tennessee 37129 SUE MURRAY STEWART, Pro Se 1263 Wenlon Drive Murfreesboro, Tennessee 37130 Judge:CAIN First Paragraph: This case started with a five page complaint in the Circuit Court of Rutherford County, Tennessee and expanded to occupy the known universe. Plaintiffs, Lori Parr, Sue Murray, Ollie Stuart, Kevin Sellers and Mary Lou Davy, employed attorney, Lawrence H. Hart, to file suit against Tower Management Company, Cedar Park Mobile Home Estates, Cathy Born, and Ann Snell, collectively and individually. http://www.tba.org/tba_files/TCA/Parrlori_opn.WP6 CASSANDRA F. ROMANS AND WAYNE COUNTY BANK VS. JIMMY L. TATUM Court:TCA Attorneys: David D. Peluso of Hohenwald For Appellant George G. Gray of Waynesboro For Appellees Judge:FARMER First Paragraph: Defendant-Appellant, Jimmy L. Tatum, appeals the judgment of the trial court setting aside a tax sale of real property because of the lack of actual notice to Plaintiffs-Appellees, Cassandra F. Romans and Wayne County Bank. http://www.tba.org/tba_files/TCA/Romansca_opn.WP6 GLEN MARSHALL CHEEK VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: ARDENA J. GARTH PAUL G. SUMMERS District Public Defender Attorney General & Reporter DONNA ROBINSON MILLER MARVIN S. BLAIR, JR. Assistant Public Defender Assistant Attorney General 701 Cherry Street, Suite 300 425 Fifth Ave. N., 2d Floor Chattanooga, TN 37402 Nashville, TN 37243-0493 WILLIAM H. COX III District Attorney General 600 Market Street, Suite 310 Chattanooga, TN 37402 Judge:WITT First Paragraph: The petitioner, Glen Marshall Cheek, appeals from the Hamilton County Criminal Court's order dismissing his petition for post-conviction relief. The petitioner was convicted of aggravated sexual battery on November 5, 1993. On March 25, 1997, he filed a pro se petition for post-conviction relief alleging that his conviction was based on an indictment which did not state the culpable mental state. The trial court denied relief because it found the indictment was sufficient pursuant to State v. Hill, 954 S.W.2d 725, 727 (Tenn. 1997). Upon review, we find no error of law requiring reversal and affirm the judgment of the trial court pursuant to Court of Criminal Appeals Rule 20. http://www.tba.org/tba_files/TCCA/Cheekgm_opn.WP6 JOSHUA DEAN FORD VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JOSHUA DEAN FORD JOHN KNOX WALKUP Pro Se Attorney General and Reporter NECC Annex, P. O. Box 5000 Mountain City, TN 37683 ELLEN H. POLLACK Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 GREELEY WELLES District Attorney General Sullivan Co. Justice Center Blountville, TN 37617 Judge:SMITH First Paragraph: The petitioner, Joshua Dean Ford, appeals the order of the Sullivan County Criminal Court dismissing his petition for writ of habeas corpus. The petitioner is presently serving consecutive sentences of nine (9) years for the offense of vehicular homicide and one (1) year for the offense of failure to appear. In his pro se petition for writ of habeas corpus, he claims that his conviction for failure to appear is void, and the sentence he received for that conviction is illegal. The trial court summarily dismissed the petition without appointment of counsel. After a thorough review of the record before this Court, we affirm the trial court's judgment pursuant to Rule 20 of the Tennessee Court of Criminal Appeals. http://www.tba.org/tba_files/TCCA/Fordjosh_opn.WP6 STATE OF TENNESSEE VS. WILLIAM E. GOTHARD III Court:TCCA Attorneys: FOR THE APPELLANT: ARDENA J. GARTH (On Appeal) District Public Defender DONNA ROBINSON MILLER (On Appeal) Assistant Dist. Public Defender 701 Cherry Street, Ste. 300 Chattanooga, TN 37402-1910 A. CHRISTIAN LANIER III (At Trial) Lindsay Street, Ste. 150 Chattanooga, TN 37403-3457 FOR THE APPELLEE: PAUL G. SUMMERS Attorney General and Reporter ERIK W. DAAB Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 WILLIAM H. COX III District Attorney General C. LELAND DAVIS CALDWELL HUCKABAY Assistant District Attorneys General 600 Market Street, Ste. 310 Chattanooga, TN 37402 Judge:RILEY First Paragraph: Defendant, William E. Gothard III, was convicted by a Hamilton County jury of the offenses of arson of personal property, a Class E felony, and filing a fraudulent insurance claim over $10,000 in value, a Class C felony. He also pled nolo contendere to the offense of failing to appear, a Class E felony. The trial court sentenced the defendant to concurrent terms of one and four years for arson of personal property and filing a fraudulent claim, respectively, and one year consecutive for failure to appear. http://www.tba.org/tba_files/TCCA/Gotardwe_opn.WP6 STATE OF TENNESSEE VS. DAYNELLE M. KYLE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: DARRYL W. HUMPHREY JOHN KNOX WALKUP P. O. Box 6655 Attorney General and Reporter Knoxville, TN 31914 ERIK W. DAAB Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 RANDALL E. NICHOLS District Attorney General PAULA GENTRY Assistant District Attorney City-County Building Knoxville, TN 37902 Judge:SMITH First Paragraph: On November 1, 1995, the Knox County Grand Jury indicted Appellant Daynelle M. Kyle for one count of possession of .5 grams or more of cocaine with intent to sell, and one count of possession of .5 grams or more of cocaine with intent to deliver. After a jury trial on October 27, 1997, Appellant was convicted of one count of possession of .5 grams or more of cocaine with intent to sell. After a sentencing hearing on December 11, 1997, the trial court sentenced Appellant as a Range I standard offender to a term of twelve years in the Tennessee Department of Correction. Appellant challenges his conviction, raising the following issue: whether the evidence was sufficient to support his conviction. After a review of the record, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/kyledayn_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! 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