|
January 19, 2000
Volume 6 -- Number 008
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 |
| 08 |
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 |
-
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
DON CANNON and MARY LEE CANNON
VS.
WENDY MARCH
Court:TCA
Attorneys:
JOHN M. CANNON
Cannon & Cannon
112 Long Hollow Pike, Suite 202
Post Office Box 749
Goodlettsville, Tennessee 37072-0749
ATTORNEY FOR PLAINTIFFS/COUNTER-DEFENDANTS/APPELLANTS
ROBERT L. CALLIS
2745 N. Mt. Juliet Road
Post Office Box 726
Mt. Juliet, Tennessee 37121-0726
ATTORNEY FOR DEFENDANT/COUNTER-
PLAINTIFF/APPELLEE
Judge: CAIN
First Paragraph:
This case comes to us on appeal from the chancellor's detailed
findings of fact regarding misrepresentation and contract. The
Appellants Don and Mary Lee Cannon purchased a restaurant from the
Appellee Wendy March. Mr. Cannon and Ms. March bargained for the sale
of a going concern known as "Emmy's Diner," located in Mount Juliet,
Tennessee. The instant action was begun when Mr. Cannon brought suit
in Wilson County Chancery Court alleging fraud and seeking rescission
of the contract, or in the alternative, damages.
http://www.tba.org/tba_files/TCA/cannond.wpd
SUE CHAPMAN
VS.
RICHARD A. JONES, Administrator of the Estate of David Piper,
Deceased, and GARY PIPER
Court:TCA
Attorneys:
DAVID W. CARTER
LAWWELL, DALE & GRAHAM
Columbia, Tennessee
Attorney for Appellant, Richard A. Jones
ERNEST W. WILLIAMS
DANA C. McLENDON, III
Franklin, Tennessee
Attorney for Defendant, Gary Piper
FRANK LANNOM
CHRISTI DALTON
TAYLOR, TAYLOR, LANNOM & WILLIAMS
Lebanon, Tennessee
Attorneys for Appellee, Sue Chapman
Judge: HIGHERS
First Paragraph:
Richard Jones ("Jones") appeals the trial court's refusal to grant a
Motion for Partial Summary Judgment on Chapman's claim for punitive
damages against the estate of David Piper in this tortious injury
suit. Based upon the following, we reverse the trial court's denial
of Defendant Jones' motion.
http://www.tba.org/tba_files/TCA/chapmansue.wpd
CONSUMER ADVOCATE
DIVISION, on Behalf of Tennessee
Consumers and the ATTORNEY GENERAL OF TENNESSEE
VS.
TENNESSEE REGULATORY AUTHORITY
Court:TCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE
TENNESSEE REGULATORY
PAUL G. SUMMERS AUTHORITY:
Attorney General & Reporter
J. RICHARD COLLIER
MICHAEL E. MOORE H. EDWARD PHILLIPS
Solicitor General Tennessee Regulatory Authority
Nashville, Tennessee
L. VINCENT WILLIAMS
Assistant Attorney General FOR THE APPELLEE
Nashville, Tennessee BELLSOUTH
TELECOMMUNICATIONS,
INC.:
GUY M. HICKS
PATRICK W. TURNER
Nashville, Tennessee
BENNETT L. ROSS
Atlanta, Georgia
Judge: CANTRELL
First Paragraph:
After this court remanded a prior appeal saying that "the Tennessee
Public Service Commission . . . should have approved BellSouth's
application for a price regulation plan based on BellSouth's rates
existing on June 6, 1995", the Tennessee Regulatory Authority entered
an order approving a price regulation plan based on the data used in
the 1995 application. The State Attorney General's Consumer Advocate
Division levels a broad attack on the order, asserting that this
court's prior order did not mandate the result below, and that the
order violates state and federal law. We hold that the Authority was
not required by our prior order to take the action it took but that
the order was within the Authority's discretion. Therefore, we
affirm.
http://www.tba.org/tba_files/TCA/consadvtra.wpd
CUSTOM BUILT HOMES BY
ED HARRIS, A DIVISION OF
PROFESSIONAL AUTOMOTIVE,
INC.
VS.
JOHN MCNAMARA and MARY
MCNAMARA,
EDWARD E. HARRIS and PROFESSIONAL
AUTOMOBILE, INC.
Court:TCA
Attorneys:
Robert H. Plummer, Jr. of Franklin
For Appellees
Ernest W. Williams and Dana C. McLendon III of Franklin
For Appellants
Judge: CRAWFORD
First Paragraph:
This appeal involves the breach of a residential construction
contract, and particularly the applicability of arbitration for
resolution of disputes. Defendants and counter-plaintiffs, John
McNamara and Mary McNamara, appeal the trial court's order denying
their motion to confirm an arbitrator's award.
http://www.tba.org/tba_files/TCA/customblt.wpd
PATRICIA DOYLE and JOHN DOYLE
VS.
JOYCE D. COLE and TOBY R. LEE
METROPOLITAN GOVERNMENT
OF NASHVILLE AND DAVIDSON
COUNTY, acting by and through the
ELECTRIC POWER BOARD as
NASHVILLE ELECTRIC SERVICE
Court:TCA
Attorneys:
FOR THE APPELLEE: FOR THE APPELLANT:
AMY E. ADAMS C. DEWEY BRANSTETTER, JR.
2908 Poston Avenue 227 Second Avenue, N.
Nashville, Tennessee 37212 Nashville, Tennesseee 37201-1693
EUGENE W. WARD
1214 Church Street
Nashville, Tennessee 37203
Judge: CANTRELL
First Paragraph:
This appeal involves the question of whether an action can be
maintained against a governmental entity when it was originally filed
in the general sessions court and later "removed" to the circuit court
after the statute of limitations expired. The Circuit Court of
Davidson County overruled the defendant's motion for summary judgment.
We reverse the circuit court's judgment and dismiss the action.
http://www.tba.org/tba_files/TCA/doylep.wpd
ANDREW FAHRNER
VS.
SW MANUFACTURING, INC.
Court:TCA
Attorneys:
DAVID B. KESLER
STACIE L. CARAWAY
MILLER & MARTIN, LLP
Chattanooga, Tennessee
Attorney for Appellant
SUE N. PUCKETT-JERNIGAN
TECIA PUCKETT PRYOR
Smithville, Tennessee
Attorney for Appellee
Judge: HIGHERS
First Paragraph:
SW Manufacturing appeals from the trial court's refusal to grant a
judgment on the pleadings based on Fahrner's failure to file his
complaint within the statute of limitations. The trial court accepted
Fahrner's argument that the discovery rule should be extended to
include retaliatory discharge and discrimination claims. For the
following reasons, we reverse the trial court and order that SW
Manufacturing's motion for judgment on the pleadings be granted.
http://www.tba.org/tba_files/TCA/Fahrnerandrew.wpd
ROGER DALE FARLEY
VS.
AMBER (FARLEY) LEBLANC
Court:TCA
Attorneys:
D. SCOTT PARSLEY
BARRETT, JOHNSTON & PARSLEY
Nashville, Tennessee
Attorney for Appellant
MARK T. SMITH
Gallatin, Tennessee
Attorney for Appellee
Judge: HIGHERS
First Paragraph:
LeBlanc appeals the trial court's refusal to retroactively modify a
child support order in this child support action. In addition,
LeBlanc appeals the lower court's method of determining Farley's child
support obligation with regard to his bonuses. Based upon the
following, we reverse in part and affirm in part the lower court's
judgment, and remand this case for further proceedings consistent with
this opinion.
http://www.tba.org/tba_files/TCA/Farleyrd.wpd
WACHOVIA BANK OF NORTH CAROLINA, N.A., ET AL
VS.
RUTH E. JOHNSON, Commissioner of Revenue,
State of Tennessee
Court:TCA
Attorneys:
G. Michael Yopp; Kathryn A. Stephenson
Tuke Yopp & Sweeney of Nashville
For Appellees
Paul G. Summers, Attorney General and Reporter
Charles L. Lewis, Deputy Attorney General
Joe C. Peel, Senior Counsel
For Appellant
Judge: CRAWFORD
First Paragraph:
This is an excise tax case. Plaintiffs, Wachovia Bank of North
Carolina, N.A., and numerous affiliated financial institutions
(hereinafter Wachovia) filed this suit against the defendant, Ruth
Johnson, Commissioner of Revenue of the State of Tennessee, seeking a
refund of part of the excise taxes paid for the years 1992 and 1993,
fiscal years, pursuant to T.C.A. S 67-1-1802 (c)(1) and T.C.A. S
67-4-817 (c)(1)(C).
http://www.tba.org/tba_files/TCA/wachovia.wpd
PLEASE FORWARD THIS EMAIL!
Feel free to forward this Opinion Flash on to anyone you know of with an e-mail address.
GET A FULL-TEXT COPY OF AN OPINION!
See the intrsuctions at the beginning of this edition of Opinion Flash.
JOIN TBALink!
While Opinion Flash is a free service of the Tennessee Bar Association, you must be a subscriber to TBALink, the premier Web site for Tennessee attorneys, in order to access the full-text of the opinions or enjoy many other features of TBALink. TBA members may join TBALink for just $50 per year. To join, go to: http://www.tba.org/join.html/
SUBSCRIBE TO OPINION FLASH!
Would you like to receive the TBALink Opinion-Flash free each day by e-mail? Anyone -- whether a TBA member or not is welcome to subscribe ... it's free!
For the Plain Text Version:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE
3) Leave the body of the message blank
For the HTML Text Version:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE HTML
3) Leave the body of the message blank
UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT!
To STOP receiving TBALink Opinion-Flash:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: UNSUBSCRIBE
3) Leave the body of the message blank
     
© Copyright 2000 Tennessee Bar Association
|
