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

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Lucian T. Pera
Editor-in-Chief, TBALink



Cannon & Cannon
112 Long Hollow Pike, Suite 202
Post Office Box 749
Goodlettsville, Tennessee 37072-0749

2745 N. Mt. Juliet Road
Post Office Box 726
Mt. Juliet, Tennessee 37121-0726

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.


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

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