February 9, 2000
Volume 6 -- Number 020

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
05 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




SHERRY B. PATY, PATY, RYMER & ULIN, P.C., Chattanooga, for

LESLIE B. McWILLIAMS, Chattanooga, for Respondent-Appellee.                       


First Paragraph:

In this divorce action the wife has appealed and raises issues as to
the amount of the alimony award and the division of marital property. 
The husband objects to an award of alimony in futuro and the Order
requiring him to pay $2,047.20 for the wife's attorney's fees.


DAVID LEFEMINE and DAVID SANDERS VS. PHILLIPS & JORDAN, INCORPORATED Court:TCA Attorneys: MICHAEL A. EASTRIDGE OF JOHNSON CITY FOR APPELLANTS J. CHADWICK HATMAKER OF KNOXVILLE FOR APPELLEE Judge: GODDARD First Paragraph: This is a suit by Plaintiffs David Lefemine and David Sanders seeking damages for breach of contract against Defendant Phillips & Jordan, Incorporated, which alleges that Defendant Phillips & Jordan failed to provide the Plaintiffs an access road as it had by written contract agreed to do. The Trial Court dismissed the Plaintiffs' suit on the Defendant's motion at the conclusion of the Plaintiffs' proof resulting in this appeal which insists the evidence preponderates against the action of the Trial Court. We vacate the Trial Court's judgment and remand the case for further proceedings. http://www.tba.org/tba_files/TCA/lefeminedav.wpd
WANDA SHADWICK VS. SHIRLEY YOUNG and BETTY TOMPKINS and F.H. SHOEMAKER DISTRIBUTORS, INC. Court:TCA Attorneys: SIDNEY R. SEALS OF ONEIDA FOR APPELLANT JOHNNY V. DUNAWAY OF LAFOLLETTE FOR APPELLEE Judge: GODDARD First Paragraph: The essence of this appeal is whether a judgment creditor of an estate should be permitted to intervene in a marital/familial matter. http://www.tba.org/tba_files/TCA/shadwickwan.wpd
GERALD W. SMITH VS. HARRIMAN UTILITY BOARD, RICHARD A. HALL, and the CITY OF HARRIMAN, TENNESSEE Court:TCA Attorneys: David A. Stuart, Clinton, Tennessee for the Appellant, Gerald W. Smith. Dean B. Farmer and Amy V. Hollars, Knoxville, Tennessee for Appellees, Harriman Utility Board and Richard A. Hall. Robert H. Watson, Jr. and Nathan D. Rowell, Knoxville, Tennessee for Appellee, City of Harriman, Tennessee. Judge: SWINEY First Paragraph: This is an appeal by Gerald W. Smith ("Plaintiff") under T.R.A.P. Rule 3 alleging error in the Trial Court's granting Summary Judgment to Defendants/Appellees, Harriman Utility Board ("HUB"), HUB General Manager Richard A. Hall ("Hall"), and the City of Harriman, Tennessee ("Harriman"). Plaintiff was an employee of HUB, and after his employment was terminated filed suit for breach of contract, procurement of breach of contract in violation of T.C.A. S 47-50-109, retaliatory discharge, and promissory estoppel. The Circuit Court for Roane County entered summary judgment for Defendants on all claims. For the reasons set forth below, we affirm the judgment of the Trial Court. http://www.tba.org/tba_files/TCA/SmithGW.wpd
IN THE MATTER OF: THE LIQUIDATION OF UNITED AMERICAN BANK OF KNOXVILLE, TENNESSEE SECURITY PACIFIC EQUIPMENT LEASING, INC. VS. FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER OF UNITED AMERICAN BANK Court:TCA Attorneys: For The Appellant: For the Appellee For the Appellee FDIC: Attorney General: Steven D. Lipsey Boyd W. Venable, III Paul G. Summers Eric J. Morrison Ogle & Venable AG & Reporter Stone & Hinds, P.C. 121 Court Avenue 700 1st Am Center Sevierville, TN 37862 Michael E. Moore 507 Gay Street, S.W. Solicitor General Knoxville, TN 37902 Janet M. Kleinfelter Senior Counsel Financial Division 425 5th Avenue North Nashville, TN 37243 Judge: SWINEY First Paragraph: Appellant leased equipment to United American Bank ("UAB") for a seven year term. Three years into the lease, UAB was closed by the Tennessee Commissioner of Banking and FDIC was appointed as receiver. Appellant filed a claim with FDIC seeking recovery of the full amount due on the lease. The Trial Court granted summary judgment to FDIC, thus upholding the constitutionality and applicability of T.C.A. S 45-2-1504(b), which provides that lessors can recover a maximum of two months' lease payments after a Tennessee bank fails and is closed. In this appeal, lessor contends that T.C.A. S 45-2-1504(b) violates the Equal Protection Clauses of the U.S. and Tennessee Constitutions by treating lessors differently from other contract claimants and that the application of the statute results in an unconstitutional taking of its property without due process of law in violation of the Fourteenth Amendment to the U.S. Constitution and Article I, Section 21 of the Tennessee Constitution. For the reasons herein stated, we affirm the judgment of the Trial Court. http://www.tba.org/tba_files/TCA/UAMBank.wpd

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