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December 10, 1999
Volume 5 -- Number 169
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):
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New Opinion(s) from the Tennessee Supreme Court |
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New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel |
| 00 |
New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court |
| 07 |
New Opinion(s) from the Tennessee Court of Appeals |
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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
CONTINENTAL LAND COMPANY
VS.
INVESTMENT PROPERTIES COMPANY, LTE CORPORATION,
DARLENE BROWN and ROBERT L. BROWN
Court:TCA
Attorneys:
EDWIN Z. KELLY, JR.
KELLY & KELLY, P.C.
P.O. BOX 869
309 BETSY PARK DRIVE
JASPER, TENNESSEE 37343
ATTORNEY FOR THE PLAINTIFF/APPELLEE
SHELBY R. GRUBBS
WILLIAM P. EISELSTEIN
MILLER & MARTIN LLP
SUITE 1000 VOLUNTEER BUILDING
832 GEORGIA AVENUE
CHATTANOOGA, TENNESSEE 37402
ATTORNEY FOR DEFENDANT/APPELLANT
Judge: COTTRELL
First Paragraph:
This appeal arises out of a transaction for the sale of real property
in Marion County, Tennessee. The plaintiff, Continental Land Company,
sued to require defendants to convey property included in a real
estate sales contract between the parties but excluded in a deed that
was executed and duly filed on March 10, 1994. After a hearing, the
trial court granted judgment for the plaintiff, by order conveyed the
property, and awarded damages of $5,000. Defendants, Investment
Properties Company, LTE Corporation, Darlene Brown and Robert Brown,
appeal. For the following reasons, we affirm the order of the trial
court.
http://www.tba.org/tba_files/TCA/CONTINEN.wpd
HAROLD DAVIS
VS.
TENNESSEE DEPARTMENT OF EMPLOYMENT SECURITY TENNESSEE CIVIL SERVICE
COMMISSION, and MARGARET CULPEPPER, in her official capacity as
Commissioner of the Tennessee Department of Employment Security
Court:TCA
Attorneys:
For the Plaintiff/Appellant: For the Defendants/Appellees:
Larry D. Woods Paul G. Summers
Nashville, Tennessee Attorney General and Reporter
James C. Floyd
Assistant Attorney General
Judge: KOCH
First Paragraph:
This appeal involves the efforts of a state employee to obtain
judicial review of a written reprimand for repeatedly filing
grievances concerning non-grievable matters. After the Civil Service
Commission declined to consider his grievance concerning the written
reprimand, the employee filed suit in the Chancery Court for Davidson
County seeking both judicial review of the Commission's decision under
the Uniform Administrative Procedures Act and injunctive and other
equitable relief against his employer under the federal civil rights
laws. The trial court dismissed the civil rights claims and later
dismissed the employee's petition for review because it was not timely
filed. On this appeal, the employee takes issue with the dismissal of
his petition for review and with the trial court's refusal to
reinstate his civil rights claim following the dismissal of his
petition for review. We have determined that the trial court properly
dismissed both claims and, therefore, affirm the trial court.
http://www.tba.org/tba_files/TCA/davish.wpd
JENNIFER D. WHITE (DEERMAN)
VS.
JEFFREY MICHAEL WHITE
Court:TCA
Attorneys:
For the Plaintiff/Appellee: For the Defendant./Appellant:
Jerry W. Hamlin Gary M. Eisenberg
Ashland City, Tennessee Pleasant View, Tenness
Judge: KOCH
First Paragraph:
This appeal arises from an agreed custody and visitation arrangement
gone awry. When the parties divorced, the Chancery Court for Cheatham
County approved their marital dissolution agreement giving the mother
sole custody of their three children. The parties later agreed to a
joint custody arrangement with the mother having primary physical
custody. When the mother encountered financial difficulties, the
parties agreed to an order continuing joint custody but giving the
father primary physical custody of the children. The mother
eventually sought sole legal custody of the children after the
parties' joint custody arrangement deteriorated. Following a bench
trial, the trial court awarded the mother sole custody of the children
and made provisions for the father's child support and visitation.
The father appeals. We affirm the judgment granting sole custody to
the mother because the evidence does not preponderate against the
trial court's decision.
http://www.tba.org/tba_files/TCA/deermanjdw.wpd
FIFTEENTH JUDICIAL DISTRICT UNIFIED BAR ASSOCIATION
VS.
ANGIE GLASGOW
Court:TCA
Attorneys:
For the Plaintiff/Appellee: For the Defendant/Appellant:
Robert Evans Lee Henry Clay Barry
Lee & Lee Lebanon, Tennessee
Lebanon, Tennessee
Ruston L. Hill
Nashville, Tennessee
Judge: KOCH
First Paragraph:
This appeal involves a local bar association's efforts to prevent the
owner of a typing service from practicing law without a license. The
bar association filed suit in the Chancery Court for Wilson County
seeking to enjoin the owner from preparing divorce papers and related
documents for her clients. The trial court, sitting without a jury,
permanently enjoined the owner from engaging in the unauthorized
practice of law. The owner asserts on this appeal that the bar
association lacked standing to seek an injunction against her and that
the statutory prohibition against the unauthorized practice of law is
unconstitutional. We have determined (1) that the bar association has
standing to seek injunctive relief, (2) that the trial court correctly
determined that the owner was engaging in the unauthorized practice of
law, and (3) that the owner has not carried her burden with regard to
her constitutional challenges to the statute of outlawing the
unauthorized practice of law. Accordingly, we affirm the trial court.
http://www.tba.org/tba_files/TCA/fifteenjd.wpd
RENTONIA JENICE MOORE
VS.
LEONARD MOORE
Court:TCA
Attorneys:
MARY FRANCES LYLE
Bruce, Weathers, Corley, Dughman & Lyle
First American Center, 20th Floor
315 Deaderick Street
Nashville, Tennessee 37238-2075
ATTORNEY FOR PLAINTIFF/APPELLEE
MARY ARLINE EVANS
214 Third Avenue North
Nashville, Tennessee 37201
ATTORNEY FOR DEFENDANT/APPELLANT
Judge: CAIN
First Paragraph:
This case involves the divorce of parties who are the parents of two
young children. The trial court granted a divorce to the mother. In
addition, the court placed custody of the parties' children with the
mother and scheduled visitation with the father. On appeal, the
parties raise issues involving the lower court's findings with regard
to custody, child support, the division of property and the award of
attorney fees. The decision of the trial court is affirmed in part
and reversed in part.
http://www.tba.org/tba_files/TCA/moorer.wpd
JOHN WAYNE SLATE, SR., et al.
VS.
STATE OF TENNESSEE, et al.
Court:TCA
Attorneys:
John Wayne Slate, Sr., Pro Se for Appellant
Paul G. Summers, Attorney General and Reporter;
Michael E. Moore, Solicitor General;
Martha A. Tarleton, Senior Counsel Civil Rights
and Claims Division for State of Tennessee,
Chancellor Kilcrease;
Judges Todd, Cantrell and Koch;
Cecil Crowson, Jr.
John L. Kennedy; Amber St. John of Nashville, for Appellee, Bonnyman
Judge: INMAN
First Paragraph:
This matter is appropriate for consideration pursuant to Rule 10(b) of
the Rules of the Court of Appeals of Tennessee.
A prisoner alleges a violation of his civil rights as a result of the
assessment and collection of court costs from him. He initiated the
case at bar by filing a complaint in the Davidson County Circuit
Court, alleging that both the Davidson County Chancery Court and the
Tennessee Court of Appeals erred in taxing costs against him upon
disposition of earlier cases heard by both courts. The Davidson
County Circuit Court dismissed the cause, and the appellant perfected
an appeal to this Court. For the reasons stated herein, we affirm the
decision of the trial court.
http://www.tba.org/tba_files/TCA/SLATEJW.wpd
WESTSIDE HEALTH AND RACQUET CLUB, INC.
VS.
JEFFERSON FINANCIAL SERVICES, INC.
Court:TCA
Attorneys:
For Appellant For Appellee
RICHARD N. SWANSON CLINTON R. ANDERSON
Morristown, Tennessee Morristown, Tennessee
THOMAS F. BLOOM
Nashville, Tennessee
Judge: SUSANO
First Paragraph:
Westside Health & Racquet Club, Inc. ("Westside") filed this action
against Jefferson Financial Services, Inc. ("Jefferson"). Westside's
theory of its claim -- which theory was adopted by the trial court --
is that Westside's transfer to Jefferson, over time, of some 495
installment sales contracts was, in each case, part and parcel of a
usurious loan made by Jefferson to Westside, rather than a sale of the
contract. The trial court awarded Westside damages of $68,519.71 for
usurious interest, which was enhanced by a further award of
pre-judgment interest pursuant to T.C.A. S 47-14-123 (1995).
Jefferson appeals, raising several issues. The issue that we will
focus on can be stated thusly: Does the Retail Installment Sales Act,
T.C.A. S 47-11-101, et seq., ("the Act") operate to exempt the
dealings between these parties from Tennessee's usury statutes?
http://www.tba.org/tba_files/TCA/WESTSIDE.wpd
STATE OF TENNESSEE
VS.
WALTER LEE ALLEN
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
EDWARD CANTRELL MILLER PAUL G. SUMMERS
District Public Defender Attorney General & Reporter
P. O. Box 416
Dandridge, TN 37725-0416 ERIK W. DAAB
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243
AL C. SCHMUTZER, JR.
District Attorney General
GENERAL JAMES L. GASS
Assistant District Attorney
P. O. Box 70
Dandridge, TN 37725
Judge: WILLIAMS
First Paragraph:
The defendant, Walter Lee Allen, appeals from a guilty verdict
returned by a Jefferson County jury for aggravated robbery, a Class B
felony. See Tenn. Code Ann. S 39-13-402. The defendant was sentenced
to the Department of Correction for ten years as a Range II Multiple
Offender, consecutive to a sentence imposed in Hamblen County.
http://www.tba.org/tba_files/TCCA/Allenwl.wpd
STATE OF TENNESSEE
VS.
RALPH MOORE, JR.
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Joe H. Walker Paul G. Summers
District Public Defender Attorney General and Reporter
P. O. Box 334
Harriman, TN 37748 Russell S. Baldwin
Assistant Attorney General
Criminal Justice Division
Alfred L. Hathcock, Jr. 425 Fifth Avenue North
Susan Corea Fuller 2d Floor, Cordell Hull Building
Asst. District Public Defenders Nashville, TN 37243-0493
P. O. Box 334
Harriman, TN 37748 J. Scott McCluen
District Attorney General
William Russell,
Frank A. Harvey
Asst. District Attorneys General
P. O. Box 703
Kingston, TN 37763
Judge: HAYES
First Paragraph:
The appellant, Ralph Moore, Jr., appeals the verdict of the Roane
County Criminal Court finding him guilty of disorderly conduct, a
Class C misdemeanor. The trial court sentenced the appellant to
thirty days unsupervised probation and imposed a twenty-five dollar
fine. On appeal, the appellant challenges the sufficiency of the
convicting evidence.
http://www.tba.org/tba_files/TCCA/MooreRjr.wpd
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