April 28, 2000 Volume 6 -- Number 063 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 02 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court 04 New Opinion(s) from the Tennessee Court of Appeals 02 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 IN RE: PROPOSED AMENDMENT TO SUPREME COURT RULE 13 Court:TSC - Rules Judge: ANDERSON First Paragraph: The Indigent Defense Commission has petitioned this Court for the adoption of a revised Supreme Court Rule 13, which pertains to state-paid legal representation of indigent persons. http://www.tba.org/tba_files/TSC_Rules/AmenCtr13.wpd IN RE: AMENDMENT TO RULE 9, S 24.3 RULES OF THE SUPREME COURT OF TENNESSEE Court:TSC - Rules Judge: PER CURIAM First Paragraph: Rule 9, S 24.3, Rules of the Supreme Court, governing disciplinary enforcement, is amended... http://www.tba.org/tba_files/TSC_Rules/amendCrt9.wpd BEAMAN PONTIAC COMPANY v. ROY B. GILL Court:TCA Attorneys: David T. Hooper, Brentwood, Tennessee, for the appellant, Roy B. Gill dba Russellville Flower Shop. Alix Coulter Cross, Nashville, Tennessee, for the appellee, Beaman Pontiac Company. Judge: CAIN First Paragraph: Defendant who entered into an agreement to settle directly appeals the trial court's grant of Plaintiff's motion to enforce said agreement. Specifically, Appellant argues that the Plaintiff followed improper procedure to enforce the settlement and that the agreement is invalid. Under the authorities cited below and for the following reasons, we find, in the absence of any showing of prejudice to the defendant, no specific procedure need be followed. We find the agreement to be in the nature of a bilateral contract and fully enforceable. The trial court is affirmed in all respects, and the cause is remanded for such further proceedings as may be necessary below. http://www.tba.org/tba_files/TCA/Beamangill.wpd SANDRA LITTON METZ (DODSON) v. MONTE A. METZ WITH CONCURRING OPINION Court:TCA Attorneys: Thomas A. Weakley, Dyersburg, Tennessee, for the appellant, Sandra Litton Metz (Dodson). Marianna Williams, Dyersburg, Tennessee, for the appellee, Monte A. Metz. Judge: FARMER First Paragraph: This is a dispute between Monte A. Metz and Sandra Litton Metz Dodson regarding the custody of their two minor children, Christopher and Chelsea. The trial court modified the parties' original custody arrangement by placing Christopher in the primary custody of Ms. Dodson and by placing Chelsea in the primary custody of Mr. Metz. Because the trial court articulated an inappropriate basis for its finding that a material change in circumstances had occurred subsequent to its original custody order, we vacate the ruling of the trial court and remand the cause for further proceedings consistent with this opinion. http://www.tba.org/tba_files/TCA/dodsonslm.wpd CONCURRING OPINION: http://www.tba.org/tba_files/TCA/DodsonSL_con.wpd VICKI RENA TREBING v. FLEMING COMPANIES, INC. Court:TCA Attorneys: David S. Gardner, Nashville, Tennessee, for the appellant, Vicki Rena Trebing. Alan M. Sowell, Nashville, Tennessee, for the appellee, Fleming Companies, Inc. Judge: CAIN First Paragraph: This appeal concerns the grant of summary judgment to Defendant in a slip and fall case where the trial judge found that no proof was presented of direct or constructive notice of the dangerous condition causing the fall. Appellant raises as issues on appeal the correctness of the summary judgment grant as well as the propriety of the trial court's order striking certain of the opinions of Plaintiff's expert. http://www.tba.org/tba_files/TCA/Walshwl.wpd WALTER L. WALSH, JR., et al. v. BA, INC. f/k/a MEDICAL DEVICES, INC., a Tennessee Corporation, et al. Court:TCA Attorneys: Timothy A. Ryan, III, Memphis, Tennessee, for the appellants, BA, Inc., Alan C. Fitzpatrick and Beverly R. Fitzpatrick. Robert E. Orians, Memphis, Tennessee, for the appellees, Walter L. Walsh, Jr., and Premier Properties Partnership. Judge: FARMER First Paragraph: This appeal arises from a dispute over certain actions taken by Defendants Alan C. Fitzpatrick and Beverly R. Fitzpatrick when they sold their business, Medical Devices, Inc., to ServiceMaster Limited Partnership. At the time of the sale, Plaintiff Walter L. Walsh, Jr., was employed by Medical Devices pursuant to a written employment contract. Walsh and the Fitzpatricks also were partners in Plaintiff Premier Properties Partnership, which leased commercial property to Medical Devices for a monthly rental fee of $5250. http://www.tba.org/tba_files/TCA/Walshwl.wpd STATE OF TENNESSEE v. ROBERT RAINEY Court:TCCA Attorneys: Richard W. DeBerry, Camden, Tennessee, for the appellant, Robert Rainey. Paul G. Summers, Attorney General and Reporter, J. Ross Dyer, Assistant Attorney General, Elizabeth Rice, District Attorney General, and John W. Overton, Jr., Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WELLES First Paragraph: The Defendant, Robert Rainey, was found guilty by a Hardin County jury of attempted first degree murder, attempted second degree murder, theft of property, and setting fire to personal property. In this appeal as of right, he challenges the sufficiency of the evidence, the failure of the trial court to apply a mitigating factor in sentencing, and the failure of the trial court to charge the jury with reckless endangerment as a lesser included offense of attempted first degree murder. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/RAINEYR.wpd STATE OF TENNESSEE v. DERRICK M. VERNON, et al. Court:TCCA Attorneys: William L. Johnson, Memphis, Tennessee, for the appellant, Derrick M. Vernon. Gerald Stanley Green, Memphis, Tennessee, for the appellant, Derrick Thompson. Paula Skahan, Memphis, Tennessee, for the appellant, Charles E. Thompson. Paul G. Summers, Attorney General and Reporter, J. Ross Dyer, Assistant Attorney General, William L. Gibbons, District Attorney General, and Thomas D. Henderson, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: Defendants Derrick M. Vernon and Derrick Thompson were convicted of aggravated assault and especially aggravated kidnapping, and defendant Charles E. Thompson was convicted of these offenses as well as especially aggravated robbery, the victim of these offenses being the brother of Charles Thompson's girlfriend. All have appealed, alleging excessive courtroom security and questioning the sufficiency of the evidence. Additionally, Derrick M. Vernon and Derrick Thompson argue that their sentences were excessive. Based upon our review, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/VERNONDM.wpd PLEASE FORWARD THIS E-MAIL! 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