April 13, 2000 Volume 6 -- Number 056 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. 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 03 New Opinion(s) from the Tennessee Court of Appeals 00 New Opinion(s) from the Tennessee Court of Criminal Appeals 00 New Opinion(s) from the Tennessee Attorney General (PDF format) 00 New Judicial Ethics Opinion(s) 00 New Formal Ethics Opinion(s) from the Board of Professional Responsibility   There are three ways for TBALink members to get the full-text versions of these opinions from the Web: Do a key word search in the Search Link area of TBALink. This option will allow you to view and save a plain-text version of the opinion. Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion. Click the URL at end of each Opinion paragraph below. This option will allow you to download the original document. Lucian T. Pera Editor-in-Chief, TBALink ADVANTA BUSINESS SERVICES CORPORATION VS. RAYMOND McPHERSON, et al. Court:TCA Attorneys: Christopher W. Conner, Knoxville, Tennessee, for the appellant, Advanta Business Services Corporation. Donnie E. Wilson and Thomas E. Williams, Memphis, Tennessee, for the respondent, Kenny W. Armstrong. Judge: LILLARD First Paragraph: This case involves the enforcement of a foreign judgment under the Uniform Enforcement of Foreign Judgments Act. The judgment debtor was served with a summons for a hearing on the judgment, and failed to respond. The trial court clerk refused to issue execution on the foreign judgment until the judgment creditor obtained a default judgment from the trial court. The judgment creditor filed a petition for a writ of mandamus to require the clerk to issue the execution without a default judgment. The trial court denied the petition, and granted permission for this interlocutory appeal. We reverse, holding under the facts of this case that the judgment creditor is entitled to enforce the judgment without first obtaining a default judgment. http://www.tba.org/tba_files/TCA/ADVANTA.wpd BEVERLY JOYCE BLEDSOE VS. MARION ISAIAH BLEDSOE Court:TCA Attorneys: Mary Jo Middlebrooks, Jackson, Tennessee, for the appellant, Marion Isaiah Bledsoe. Jerald M. Campbell, Jr., Trenton, Tennessee, for the appellee, Beverly Joyce Bledsoe. Judge: FARMER First Paragraph: Defendant Marion Isaiah Bledsoe (Father) appeals the trial court's judgment finding him in criminal and civil contempt of court for failing to pay court-ordered child support to Plaintiff/Appellee Beverly Joyce Bledsoe (Mother). We vacate that portion of the trial court's judgment finding the Father in criminal contempt of court and sentencing him to six months in the county jail based upon our conclusion that the Father was denied his right to a jury trial on the criminal contempt charge. We also vacate that portion of the trial court's judgment sentencing the Father to an unconditional term of incarceration of ten days in the county jail based upon our conclusion that the court was not authorized to impose this punishment for the Father's civil, as opposed to criminal, contempt of court. In all other respects, we affirm the trial court's judgment, and we remand this cause for further proceedings. http://www.tba.org/tba_files/TCA/bledsoebj.wpd GERALD LARGEN VS. CRACKER BARREL OLD COUNTRY STORE, INC. Court:TCA Attorneys: Gerald Largen, Kingston, Tennessee, Pro Se John D. Agee, Kingston, Tennessee, for the Appellee, Cracker Barrel Old Country Store, Inc. Judge: SWINEY First Paragraph: This is a suit by Seller against Buyer for the Buyer's termination of the parties' contract for the sale of real property. Appellee Cracker Barrel Old Country Store, Inc. ("Buyer") entered into a contract to purchase real property from Appellant Gerald Largen ("Seller") but terminated that contract three weeks later, after Buyer decided that the premises were unsatisfactory for its intended use. Seller filed a "Complaint for Declaratory Judgment," later amended to allege that Buyer had breached the contract, for which Seller sought damages of $500,000. Buyer answered that the termination of the contract and return of its earnest money deposit were done in accordance with the terms of the contract which provided certain conditions precedent to the sale. The Trial Court found that Buyer had breached its covenant of good faith and fair dealing and awarded Seller $5,000 as liquidated damages as provided for in the contract. Because we find the evidence preponderates against the Trial Court's finding that Buyer breached the contract, we reverse the judgment of the Trial Court and dismiss Seller's Complaint. http://www.tba.org/tba_files/TCA/LargenG.wpd PLEASE FORWARD THIS E-MAIL! Feel free to forward this Opinion Flash on to anyone you know of with an e-mail address. GET A FULL-TEXT COPY OF AN OPINION! See the intrsuctions at the beginning of this edition of Opinion Flash. JOIN TBALink! While Opinion Flash is a free service of the Tennessee Bar Association, you must be a subscriber to TBALink, the premier Web site for Tennessee attorneys, in order to access the full-text of the opinions or enjoy many other features of TBALink. TBA members may join TBALink for just $50 per year. To join, go to: http://www.tba.org/join.html/ SUBSCRIBE TO OPINION FLASH! Would you like to receive the TBALink Opinion Flash free each day by e-mail? Anyone, whether a TBA member or not, is welcome to subscribe ... it's free! 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