October 28, 1999 Volume 5 -- Number 148 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 12 New Opinion(s) from the Tennessee Court of Appeals 01 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 ALLSTATE INSURANCE COMPANY VS. ROSS JORDAN, SUSAN JORDAN, SEAN JORDAN, ADOLPH C. LAVIN, and JEAN LAVIN, surviving parents of TROY JAMES LAVIN, deceased, and ADOLPH C. LAVIN, in his capacity as administrator of the Estate of Troy James Lavin Court:TCA Attorneys: Alan M. Sowell; Gracey, Ruth, Howard, Tate & Sowell of Nashville For Appellee Floyd N. Price; Williams and Dinkins of Nashville For Appellants, Jordan Jeffery S. Frensley and Charles R. Ray of Nashville Vincent E. Wehby of Nashville For Appellants, Lavin Judge: CRAWFORD First Paragraph: This is a declaratory judgment suit brought by the plaintiff, Allstate Insurance Company, seeking a declaration that it is not obligated to furnish a defense nor to provide liability coverage to the defendants-insureds, Ross and Susan Jordan. Defendants appeal the trial court's order granting Allstate summary judgment. http://www.tba.org/tba_files/TCA/allstins.wpd ROGER D. ANDERSON VS. AJAX TURNER CO. Court:TCA Attorneys: WILLIAM L. MOORE, JR. ROGERS & MOORE 119 PUBLIC SQUARE GALLATIN, TENNESSEE 37066 ATTORNEY FOR PETITIONER/APPELLANT WAVERLY D. CRENSHAW, JR. MARK W. PETERS WALLER LANSDEN DORTCH & DAVIS 511 UNION STREET, SUITE 2100 NASHVILLE, TENNESSEE 37219 ATTORNEYS FOR RESPONDENT/APPELLEE Judge: COTTRELL First Paragraph: This case involves the viability of claims asserted under the Americans with Disabilities Act ("ADA"), 42 U.S.C. S 12101 et seq., and the Tennessee Handicap Discrimination Act ("THDA"), Tenn. Code Ann. S 8-50-103. For the reasons set out herein, we affirm the trial court's decision to grant summary judgment to the Defendant, Ajax Turner Company. http://www.tba.org/tba_files/TCA/Anderson.wpd L. M. BERRY & COMPANY VS. JOE B. HUDDLESTON, in his official capacity as COMMISSIONER OF REVENUE, STATE OF TENNESSEE Court:TCA Attorneys: RICHARD W. BELL JONATHAN COLE General Attorney Baker, Donelson, Bearman & Caldwell BellSouth Corporation 511 Union Street, Suite 1700 1155 Peachtree St, N.E., Ste 1800 1700 Nashville City Center Atlanta, Georgia 30309 Nashville, Tennessee 37219 GREGORY G. FLETCHER Baker, Donelson, Bearman & Caldwell 2000 First Tennessee Building 165 Madison Avenue Memphis, Tennessee 38103 ATTORNEYS FOR PLAINTIFF/APPELLANT PAUL G. SUMMERS Attorney General and Reporter JIMMY G. CREECY Office of the Attorney General 425 Fifth Avenue North Nashville, Tennessee 37243 ATTORNEYS FOR DEFENDANT/APPELLEE Judge: CAIN First Paragraph: This case concerns a suit for refund, under Tennessee Code Annotated section 67-1-1803, of excise taxes assessed as a result of an audit conducted by the Tennessee Department of Revenue's field audit division and covering tax years 1989-1991. The taxpayer, L. M. Berry and Company (LMB) sought the refund of $96,605.00 in excise tax, assessed on dividends declared by ITT World Directories, Inc. (ITTWD) and Promedia, S.A.(Promedia) and paid to LMB. http://www.tba.org/tba_files/TCA/berrylm.wpd GINA LEE (BLACK) BRADLEY VS. KARL DAVIS BRADLEY Court:TCA Attorneys: GINA LEE BRADLEY, Pro Se 113 Fountainhead Road Portland, Tennessee 37144 R. EDDIE DAVIDSON 601 Woodland Street Nashville, Tennessee 37206 ATTORNEY FOR DEFENDANT/APPELLANT Judge: CAIN First Paragraph: Gina Lee Bradley and Karl Davis Bradley were married May 14, 1988 and separated April 18, 1997. Two children were born of the marriage to-wit: Kassie Lea Bradley, born March 28, 1990 and Kallie Faye Bradley, born September 22, 1994. http://www.tba.org/tba_files/TCA/bradleyg.wpd BUDDY LEE ATTRACTIONS VS. WILLIAM MORRIS AGENCY, INC., and JOSEPH E. HARRIS CORRECTED OPINION Court:TCA Attorneys: SAMUEL D. LIPSHIE SCOTT K. HAYNES LUTHER WRIGHT, JR. Boult, Cummings, Conners & Berry 414 Union Street, Suite 1600 P. O. Box 198062 Nashville, Tennessee 37219 ATTORNEYS FOR PLAINTIFF/APPELLEE JAY S. BOWEN TIMOTHY L. WARNOCK GREGORY S. REYNOLDS Bowen Riley Warnock & Jacobson 1906 West End Avenue Nashville, Tennessee 37203 ATTORNEYS FOR DEFENDANTS/APPELLANTS Judge: CAIN First Paragraph: Defendant, William Morris Agency, Inc., appeals an adverse jury verdict in the amount of $250,000.00, trebled by the trial judge under Tennessee Code Annotated section 47-50-109. This defendant also appeals a partial summary judgment order granted to plaintiff prior to the three week jury trial. http://www.tba.org/tba_files/TCA/BUDDYLEE_OPN.wpd BELINDA HOPE CALABRO VS. ARTHUR DONALD CALABRO Court:TCA Attorneys: George E. Copple, Jr., of Nashville For Appellant James M. Doran, Jr.; Paula A. Flowers of Waller Lansden Dortch & Davis of Nashville For Appellee Judge: CRAWFORD First Paragraph: This appeal involves a suit for breach of contract. Plaintiff, Belinda Hope Calabro, appeals from the order of the trial court granting summary judgement to defendant, Arthur Donald Calabro. http://www.tba.org/tba_files/TCA/calabrob.wpd CARLYSS A. CATIGNANI VS. SHARON ELAINE PHILLIPS CATIGNANI Court:TCA Attorneys: JOHN J. HOLLINS, JR. Hollins, Wagster & Yarbrough, P.C. 424 Church Street 2210 SunTrust Center Nashville, Tennessee 37219 ATTORNEY FOR PLAINTIFF/APPELLANT D. SCOTT PARSLEY Barrett, Johnston & Parsley 217 Second Avenue, North Nashville, Tennessee 37201-1601 ATTORNEY FOR DEFENDANT/APPELLEE Judge: COTTRELL First Paragraph: This appeal arises from a divorce proceeding ending the second marriage between the parties. Mr. Catignani ("Husband") appeals the distribution of property and the type and amount of alimony ordered by the trial court following a hearing in the Davidson County Circuit Court. For the following reasons we affirm as modified. http://www.tba.org/tba_files/TCA/CATIGNAN.wpd JOHN M. CLINARD and EDWARD CLINARD VS. C. ROGER BLACKWOOD and NANCY DODS BLACKWOOD VS. AMERICAN LIMESTONE CO., INC. and AUSTIN POWDER CO., INC. Court:TCA Attorneys: For John M. Clinard and For C. Roger Blackwood and Edward Clinard and Nancy Dods Blackwood: American Limestone Co., Inc.: J. Clarence Evans Ames Davis Winston S. Evans Paula D. Walker Evans, Jones & Reynolds Waller, Lansden, Dortch & Davis Nashville, Tennessee Nashville, Tennessee Judge: KOCH First Paragraph: This appeal involves the imputed disqualification of a Nashville law firm from continuing to represent a client with interests adverse to those of two former clients of one of the law firm's lawyers. Soon after discovering that their former lawyer had joined the law firm representing their adversaries, the former clients filed a motion in the Circuit Court for Robertson County seeking to disqualify their adversaries' law firm. http://www.tba.org/tba_files/TCA/Clinardjm.wpd ANTHONY KEITH ELDRIDGE VS. JULIA EDITH ELDRIDGE WITH DISSENTING OPINION Court:TCA Attorneys: H. WAYNE GRAVES OF JOHNSON CITY FOR APPELLANT MICHAEL MAY OF KINGSPORT FOR APPELLEE Judge: GODDARD First Paragraph: This is an appeal from the Chancery Court's visitation order which requires the minor daughter, Taylor Eldridge, to visit overnight with her mother. Anthony Eldridge, Plaintiff-Appellant, raises the following issue: Should, under the circumstances of this case, Taylor Eldridge be required to visit overnight with her mother in the presence of her mother and her lesbian partner, Lisa Franklin? The trial court ordered overnight visitation without prohibiting Ms. Franklin's presence. http://www.tba.org/tba_files/TCA/eldridgA_opn.wpd DISSENTING OPINION: http://www.tba.org/tba_files/TCA/eldridgD_dis.wpd KIMBERLY LYNN (FOLEY) CAUDILL VS. WILLIAM HOWARD FOLEY Court:TCA Attorneys: John D. Kitch, Nashville, Tennessee Attorney for Plaintiff/Appellant. Edward P. Silva, HARTZOG, SILVA & DAVIES, Franklin, Tennessee Attorney for Defendant/Appellee. Judge: FARMER First Paragraph: In this dispute between Kimberly Lynn Foley ("Mother") and William Howard Foley ("Father"), the trial court denied the Mother's petition to relocate with the parties' minor child, removed the child from the parties' joint custody, and placed the child in the sole custody of the Father. For the reasons set forth below, the rulings of the trial court with respect to relocation and child custody are reversed and the cause is remanded for the setting of the Father's new visitation schedule. http://www.tba.org/tba_files/TCA/foleykl.wpd JOHN E. MASON VS. CAPITOL RECORDS, INC. Court:TCA Attorneys: JAMES A. DELANIS Baker, Donelson, Bearman & Caldwell 1700 Nashville City Center 511 Union Street Nashville, Tennessee 37219 C. BENNETT HARRISON, JR. Cornelius & Collins 2700 Nashville City Center 511 Union Street P. O. Box 190695 Nashville, Tennessee 37219 ATTORNEYS FOR PLAINTIFF/APPELLANT AUBREY B. HARWELL, JR. GERALD D. NEENAN JOHN M. PRICE Neal & Harwell 2000 First Union Tower 150 Fourth Avenue North Nashville, Tennessee 37219 ATTORNEYS FOR DEFENDANT/APPELLEE Judge: CAIN First Paragraph: This case involves a purported sale by the defendant, Capitol Records, Inc., to the plaintiff, John E. Mason, of a building previously constructed by Capitol Records on 25 Music Square West in Nashville. The chancellor granted summary judgment to Capitol Records holding that there was never a meeting of the minds between the parties and thus no mutually enforceable contract. Mason appeals from this grant of summary judgment. For the following reasons, we affirm the decision of the trial court. http://www.tba.org/tba_files/TCA/masonje.wpd UNION COUNTY EDUCATION ASSOCIATION VS. UNION COUNTY BOARD OF EDUCATION and DAVID F. COPPOCK, Superintendent of the Union County Schools Court:TCA Attorneys: CHARLES HAMPTON WHITE and JAY N. CHAMNESS, CORNELIUS & COLLINS, Nashville, for Plaintiff-Appellee. JON G. ROACH, WATSON, HOLLOW & REEVES, P.L.C., Knoxville, for Defendant-Appellant, Union County Board of Education. Judge: FRANKS First Paragraph: In this action seeking injunctive and declaratory relief to enforce an arbitrator's award, the plaintiff was granted summary judgment, and the defendants have appealed. http://www.tba.org/tba_files/TCA/Unionco.wpd KERRY D. LOVETT VS. STATE OF TENNESSEE ORDER Court:TCCA Judge: PEAY First Paragraph: This matter is before the Court upon the state's motion requesting that the judgment in the above-styled cause be affirmed pursuant to Rule 20, Tennessee Court of Criminal Appeals Rules. The appellant opposes the motion. Upon reviewing the record, the appellant's brief, the state's motion, and the appellant's reply, we find that it is an appropriate matter for affirmance under Rule 20. http://www.tba.org/tba_files/TCCA/LOVEttkd.wpd PLEASE FORWARD THIS EMAIL! Feel free to forward this Opinion Flash on to anyone you know of with an e-mail address. 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