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

						
						
JUDY LYNN PATTERSON CONNER
VS.
BILLY RAY CONNER

Court:TCA

Attorneys:   

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

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

Judge: FRANKS

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.

http://www.tba.org/tba_files/TCA/connerj.wpd





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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