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


Court:TSC - Rules                         


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 . . .


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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