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
 

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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

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