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):
 
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
07 New Opinion(s) from the Tennessee Court of Appeals
02 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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