October 7, 1999
Volume 5 -- Number 139

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
01 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

						

TONY MORRIS
VS.
MALONE FREIGHT LINE, INC.
Court:TSC - Workers Comp Panel

Attorneys:                          

For the Appellant:              For the Appellee:

Stuart F. James                 Phillip A. Fleissner
Manuel & James, PLLC            David C. Nagle
Suite 702, James Building       800 Vine Street
735 Broad Street                Chattanooga, TN  37403
Chattanooga, TN  37402

Judge:BYERS

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_WCP/MORRISTO_WC.WPD






JOANNE THOMPSON
BARRETT
VS.
MARILYN YOUNG HIL
Court:TCA

Attorneys:                          
JEFF REED
MURFREE, COPE, HUDSON & SCARLETT
16 Public Square North
P.O. Box 884
Murfreesboro, TN 37133

ATTORNEY FOR THE PLAINTIFF/APPELLEE

DONALD ARKOVITZ
332 White Bridge Road
Nashville, TN 37209

ATTORNEY FOR THE DEFENDANT/APPELLANT

Judge:COTTRELL

First Paragraph:

This case involves a dispute between neighbors over a sewer line.  The
Defendant, Marilyn Hill, appeals the trial court's finding of an
easement by implication in favor of the Plaintiff, Joanne Barrett, 
across Ms. Hill's property for the purpose of connecting Ms. Barrett's
property to the city sewer line.  We affirm the trial court.

http://www.tba.org/tba_files/TCA/BARRETT_OPN.WPD






IN RE: ESTATE OF WARREN 
GLENN BROWN
VS.
JOE BROWN 

Court:TCA

Attorneys:                          
JIMMY P. LOCKERT
105 SYCAMORE STREET
ASHLAND CITY, TENNESSEE 37105

THOMAS F. BLOOM
500 CHURCH STREET 5TH FLOOR
NASHVILLE, TENNESSEE 37219

ATTORNEYS FOR PETITIONER/APPELLANT


HENRY F. TODD, JR.
TODD, SPENCER & ATKINS
404 EAST COLLEGE STREET
DICKSON, TENNESSEE 37055

ATTORNEY FOR RESPONDENT/APPELLEE

Judge:COTTRELL

First Paragraph:

In this case, the decedent's grand niece, Candice Mathis, the
petitioner, appeals the trial court's finding that she failed to
establish, by clear and convincing evidence the lost or destroyed will
of her grand uncle, Warren Brown.  The trial court ordered that the
administration of the estate proceed as an intestate estate.  For the
following reasons, we reverse.

http://www.tba.org/tba_files/TCA/Brown_Opn.WPD






DON BRUNETTI
VS.
BOARD OF ZONING APPEALS OF
WILLIAMSON COUNTY

Court:TCA

Attorneys:                          
MARK C. ADAMS
136 4th Avenue South
Franklin, Tennessee 37064

ATTORNEY FOR PLAINTIFF/APPELLANT


DOUGLAS A. BRACE,
REBECCA C. BLAIR
Ortale, Kelley, Herbert & Crawford
Third Floor, Noel Place
200 Fourth Avenue, North
Nashville, Tennessee 37219

ATTORNEYS FOR DEFENDANTS/APPELLEES

Judge:COTTRELL

First Paragraph:

This is an appeal of the trial court's affirmance, in a writ of
certiorari action, of a decision of the Williamson County Board of
Zoning Appeals interpreting and applying provisions of the Williamson
County Zoning Ordinance.  The Appellant, Mr. Brunetti, is a neighbor
of Mr. Brian Sanders, and objects to the operation of two grain bins
(sometimes referred to as silos) on Mr. Sanders's 5-acre parcel in
Williamson County, which is zoned "Estate."  The Board of Zoning
Appeals interpreted state statute and local ordinance to allow this
"agricultural" use.  We affirm.

http://www.tba.org/tba_files/TCA/BRUNETTI_Opn.WPD






WILLIAM JONES
VS.
JEFF REYNOLDS, COMMISSIONER,        
TENNESSEE DEPARTMENT OF 
CORRECTION

Court:TCA

Attorneys:                          
William Jones, Pro Se 

Paul G. Summers, Attorney General & Reporter
Patricia C. Kussmann, Assistant Attorney General
For Respondents/Appellees.

Judge:FARMER

First Paragraph:

Plaintiff William Jones appeals the trial court's order granting the
motion for summary judgment filed by the Commissioner of the Tennessee
Department of Correction in this dispute over the Department's
calculation of Jones' sentence reduction credits.  We affirm the trial
court's judgment.

http://www.tba.org/tba_files/TCA/joneswi_opn.WPD

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