July 28, 1999
Volume 5 -- Number 106

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
04 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


JOHN REGINALD BEHM
VS.
SANDRA SMITH BEHM
Court:TCA

Attorneys:                          
For Appellant                   For the Amicus Curiae

LARRY C. VAUGHAN                RUSSELL JOHNSON
KIMBERLY R. TAYLOR              REX A. DALE
Vaughan and Zuker               Johnson & Dale
Knoxville, Tennessee            Loudon, Tennessee

Judge:SUSANO

First Paragraph:

In this divorce case, the sole question before the trial court was
whether the Clerk and Master, as the court-appointed Special
Commissioner, was entitled to a fee to compensate him for his efforts,
albeit unsuccessful, to sell the parties' 25 acres in Loudon County. 
Following an evidentiary hearing, the trial court ordered John Reginald
Behm ("Husband") to pay the Clerk and Master a fee of $6,000.  Husband
appeals, arguing, in effect, that the evidence preponderates against the
trial court's judgment.

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



YVONNE WIMPEE CANNON VS. CITY OF CHATTANOOGA CHARLOTTE BLALOCK, Individually and as guardian and next friend of AMBER STONECIPHER VS. JAMES WIMPEE and YVONNE WIMPEE CANNON RICHARD A. PHILLIPS and CITY OF CHATTANOOGA Court:TCA Attorneys: For Appellant For Appellee Yvonne Wimpee Cannon KENNETH O. FRITZ MICHAEL A. McMAHAN CONRAD FINNELL Special Counsel Conrad Finnell, P.C. & Chattanooga, Tennessee Associates Cleveland, Tennessee ALVIN Y. BELL Bell, Turner & Hobbs Chattanooga, Tennessee For Appellee Charlotte Blalock JEFFREY W. RUFOLO Summers & Wyatt, P.C. Chattanooga, Tennessee Judge:SUSANO First Paragraph: This case arises out of an automobile accident involving an emergency rescue vehicle ("the rescue truck") and three other vehicles. The rescue truck was driven by Richard A. Phillips ("Phillips"), an employee of the defendant/counter-plaintiff, the City of Chattanooga ("the City"). The other vehicles involved in the collision were a Ford Ranger truck driven by James Wimpee ("Wimpee") and owned by Wimpee's mother, plaintiff/counter-defendant Yvonne Wimpee Cannon ("Cannon"); a Mercedes driven by plaintiff Charlotte Blalock ("Blalock"); and a Ford Explorer driven by an unidentified individual who is not a party to this lawsuit. http://www.tba.org/tba_files/TCA/Cannonyw_opn.WP6
DONALD HART VS. RONALD TOURTE Court:TCA Attorneys: For Appellant For Appellee KENNETH R. KRUSHENSKI RON CUNNINGHAM Rogers, Hurst & Krushenski Finkelstein, Kern, Steinberg & LaFollette, Tennessee Cunningham Knoxville, Tennessee Judge:SUSANO First Paragraph: This case involves a petition filed by Donald Hart ("Hart") seeking to register a judgment obtained by Hart against Ronald Tourte ("Tourte") in the State of California. The trial court granted summary judgment to Hart while denying several motions filed by Tourte. http://www.tba.org/tba_files/TCA/Hartd_opn.WP6
HOA DAO PHUNG VS. RANDALL CASE Court:TCA Attorneys: For Appellant For Appellee BILLY P. SAMS DAVID L. FLITCROFT Oak Ridge, Tennessee Oak Ridge, Tennessee Judge:SUSANO First Paragraph: Hoa Dao Phung filed this action seeking to recover damages for breach of warranty and for violations of the Tennessee Consumer Protection Act, arising out of her purchase of a residence from the defendant, Randall Case. The trial court initially granted the defendant's motion for summary judgment as to certain issues; it subsequently granted his motion for summary judgment as to all remaining issues raised by the pleadings. The plaintiff appeals, contending that the trial court's grant of partial and then full summary judgment was inappropriate. We affirm. http://www.tba.org/tba_files/TCA/Phunghd_opn.WP6

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