February 11, 2000
Volume 6 -- Number 022

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
01 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
07 New Opinion(s) from the Tennessee Court of Appeals
01 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

						
IN RE:  AMENDMENTS TO SUPREME COURT RULE 24(4) AND APPENDIX

Court:TSC - Rules                         

Judge:  ANDERSON

First Paragraph:

Supreme Court Rule 24, which contains the rules of procedure governing
petitions for waiver of parental consent for abortions by minors, is
amended as follows . . .

http://www.tba.org/tba_files/TSC_Rules/rule24.wpd





MARY BOMAR
VS.
TENNESSEE DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION

Court:TCA

Attorneys: 

RONALD A. RAYSON
111 S. Central Street
Knoxville, Tennessee 37901
    Attorney for Petitioner/Appellee

PAUL G. SUMMERS
Attorney General and Reporter

WILLIAM J. MARETT, JR.
Assistant Attorney General
425 Fifth Avenue North
Nashville, Tennessee 37243-0490
    Attorney for Respondent/Appellant                         

Judge:  CANTRELL

First Paragraph:

This is an appeal by the Commissioner of the Department of Mental
Health and Mental Retardation from the judgment of the trial court
which reversed the dismissal of an employee of the Lakeshore Mental
Health Institute. We find that the Agency decision was supported by
substantial and material evidence.  Therefore, we reverse the judgment
of the trial court.

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





CECILIA KANBI
VS.
PATRICIA J. SOUSA

Court:TCA

Attorneys:

J. MITCHELL GRISSIM, JR.
JOHN P. SHEAHAN, JR.
325 Union Street
Nashville, Tennessee 37201
    Attorneys for Plaintiff/Appellee

JAMES C. MCBROOM
211 Printers Alley, Suite 502
Nashville, Tennessee 37201
    Attorney for Defendant/Appellant                          

Judge:  CANTRELL

First Paragraph:

In this auto accident case, the jury found the defendant liable for
the plaintiff's injuries, and the trial court entered a judgment on
the verdict.  The sole issue on appeal is whether the judge's comments
from the bench during the testimony of the defendant constituted
reversible error.  Under the circumstances of this case, we find the
judge's comments to be harmless error at most, and we affirm the trial
court.

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





STEPHEN V. LYONS
VS.
FARMERS INSURANCE EXCHANGE, ET AL

Court:TCA

Attorneys:   

Cyrus L. Booker and Charlnette Richard;
Booker & Baugh of Nashville
For Appellant

Douglas R. Pierce and Alexander J. Passantino;
King & Ballow of Nashville
For Appellees                       

Judge:  CRAWFORD

First Paragraph:

This appeal involves an action for breach of an agency agreement
between an insurance agent and an insurance company.  Plaintiff,
Steven V. Lyons (Lyons), appeals the order of the trial court
dismissing his amended complaint against defendant, Farmers Insurance
Exchange, Truck Insurance Exchange, Fire Insurance Exchange,
Mid-Century Insurance Company, Farmers New World Life Insurance
Company (hereinafter referred to as Farmers), and Jeff Burnside
(hereinafter referred to as Burnside) pursuant to Tenn.R.Civ.P. 12.02
(6), for failure to state a claim upon which relief can be granted.

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





GEORGIA "SUE" PARKEY
VS.
LAMONT G. PARKEY

Court:TCA

Attorneys:     

Robert G. Ingrum; Phillips & Ingrum of Gallatin
For Appellant

Wayne Detring of Hendersonville
For Appellee                     

Judge:  CRAWFORD

First Paragraph:

This is a divorce case.  Plaintiff, Georgia Sue Parkey (Wife), appeals
the decree of the trial court awarding divorce to defendant, Lamont G.
Parkey (Husband), and inter alia awarding Wife $500.00 per month
rehabilitative alimony.

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





THE REALTY ASSOCIATION and WILLIAM L. BERKLEY
VS.
RICHTER/DIAL BUILDERS, INC. and DOUG RICHTER

Court:TCA

Attorneys:    

DAVID B. LYONS
601 Woodland Street
Nashville, Tennessee 37206
    ATTORNEY FOR PLAINTIFFS/APPELLEES

TIMOTHY L. WARNOCK
GREGORY S. REYNOLDS
Bowen Riley Warnock & Jacobson
1906 West End Avenue
Nashville, Tennessee 37203
    ATTORNEYS FOR DEFENDANTS/APPELLANTS                      

Judge:  BELL

First Paragraph:

This is an action for breach of contract tried in chancery court
without a jury.  The chancellor rendered judgment for the plaintiffs
and the defendants have appealed.  We reverse in part and affirm in
part the decision of the trial court.

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





STATE OF TENNESSEE o/b/o CAROL A. VAUGHN
VS.
PETER KAATRUDE

Court:TCA

Attorneys:

For Plaintiff/Appellee:             For Defendant/Appellant:

Paul G. Summers                     Gregory D. Smith
Attorney General and Reporter       Clarksville, Tennessee

Douglas Earl Dimond
Assistant Attorney General                          

Judge:  KOCH

First Paragraph:

This appeal involves a father's obligation to pay support for a
non-marital child.  Fifteen years after the child's birth, the
Tennessee Department of Human Services, acting on behalf of the
child's mother, filed suit in the Montgomery County Juvenile Court
seeking to establish paternity and to obtain past and future support
from the father.  Following a bench trial, the trial court entered an
order establishing paternity and ordering the father to pay $542.50
per month in child support.  The juvenile court also awarded the
mother $50,000 in back child support.  The father now takes issue with
the amount of the award for back child support.  We have concluded
that the evidence does not support the amount of the award for back
child support and accordingly remand the case for further proceedings.

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





RON WILLIAMS
VS.
BERUBE & ASSOCIATES, and ESSEX INSURANCE COMPANY

Court:TCA

Attorneys:  

CHARLES J. GEARHISER
ROBIN L. MILLER
GEARHISER, PETERS, LOCKABY & TALLANT, PLLC
Chattanooga, Tennessee
G. M. ADCOCK
Rossville, Georgia
Attorneys for Appellant

DAVID P. HAWLEY
Chattanooga, Tennessee
Attorney for Appellee, Berube & Associates

NORA A. McCARTHY
RUTH & McCARTHY, P.C.
Chattanooga, Tennessee                        

Judge:  HIGHERS

First Paragraph:

Williams ("Plaintiff") appeals from the trial court's dismissal of
Plaintiff's complaint in this insurance case.  For the reasons
hereinafter stated, we affirm the actions of the trial court.

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





STATE OF TENNESSEE
VS.
DONALD SCOTT BRIDGES

Court:TCCA

Attorneys:   

FOR THE APPELLANT:                  FOR THE APPELLEE:
JULIE A. RICE (on appeal)           PAUL G. SUMMERS
Attorney at Law                     Attorney General & Reporter
P.O. Box 426
Knoxville, TN 37901-0426            PATRICIA A. KUSSMAN
                                    Asst. Attorney General
STEPHEN M. WALLACE  
(at trial & of counsel on appeal)   425 Fifth Ave. North
District Public Defender            2d Floor, Cordell Hull Bldg.
                                    Nashville, TN  37243-0493
WILLIAM A. KENNEDY      
Asst. Dist. Public Defender         H. GREELEY WELLS, JR.
P.O. Box 839                        District Attorney General
Blountville, TN 37617                               
                                    TERESA MURRAY SMITH
                                    Asst. District Attorney General
                                    P.O. Box 526
                                    Blountville, TN 37617                       

Judge:  WITT

First Paragraph:

The defendant, Donald Scott Bridges, appeals from the trial court's
imposition of incarcerative sentencing for twenty crimes to which he
pleaded guilty.  Bridges plea was based upon an agreement regarding
the length of each sentence and a total effective sentence of nine
years.  However, the manner of service was left open for the trial
court's determination.  In this appeal, he contends that the trial
court erred in ordering him to serve the sentence in the Department of
Correction, rather than in split confinement.  Upon review of the
record, the briefs of the parties, and the applicable law, we find no
reversible error.  Accordingly, we affirm the judgment of the trial
court.

http://www.tba.org/tba_files/TCCA/bridgesds.wpd

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