June 8, 2000
Volume 6 -- Number 087

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
07 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




Gerald S. Green, Memphis, Tennessee, for Appellant, Beatrice Holiday.

Thomas F. Preston, Memphis, Tennessee, for Appellee, Shoney's South,


First Paragraph:

This appeal arises from the trial court's denial of a motion filed by
Plaintiff Beatrice Holiday to set aside a voluntary non-suit that Ms.
Holiday had taken in a previous lawsuit against Defendant Shoney's
South, Inc. ("Shoney's").  In support of the motion to set aside the
non-suit, counsel for Ms. Holiday argued that the non-suit was taken
in reliance on the trial court's assurance that he did not need to be
concerned with a voluntary non-suit previously taken in the cause and
that the previous non-suit would not "count against him."  We affirm
the order of the trial court denying Ms. Holiday's motion to set aside
the non-suit.


JOHN HERMAN HUTCHINGS, v. METHODIST HOSPITAL OF McKENZIE, et al. Court:TCA Attorneys: Floyd S. Flippin, Humboldt, Tennessee, for the appellant, Sidney Ray, M.D. Gary K. Smith and William D. Domico, Memphis, Tennessee, for the appellees, Methodist Hospital of McKenzie and John Freeman, M.D. A. Russell Willis and Alan D. Johnson, Nashville, Tennessee, and Edward M. Bearman, Memphis, Tennessee, for the appellee, John Herman Hutchings. Judge: LILLARD First Paragraph: This is a medical malpractice case in which the plaintiff filed two identical actions only days apart in Shelby County and Carroll County against the same defendants. The plaintiff non-suited and then re-filed the Carroll County action. Amended complaints were filed in both actions seeking to add a defendant. The plaintiff then asked the Shelby County trial court to transfer the action pending in Shelby County to Carroll County for consolidation. The defendant who was added argued that the Shelby County trial court should dismiss the case for improper venue and that the Carroll County trial court should grant his motion for summary judgment based on the statute of limitations. http://www.tba.org/tba_files/TCA/HutchingsJH.wpd
CHARLES SEAVEY MCDONALD v. DIXIE WHITE ISHEE, et al. Court:TCA Attorneys: James F. Schaeffer, Jr., Memphis, For Appellant Tim Edwards, James F. Horner, Memphis, For Appellees Judge: CRAWFORD First Paragraph: This is a legal malpractice case. Plaintiff sued defendant-attorneys alleging (1) that defendants gave him negligent advice concerning acceptance of a proposed settlement which resulted in plaintiff receiving nothing when the jury returned a verdict for the defendants, and (2) that defendants negligently recommended to plaintiff that he withdraw his motion for a new trial. The trial court granted summary judgment to defendants based on the bar of the one-year statute of limitations. On appeal, this Court affirms the order granting summary judgment as to the negligent advice concerning the acceptance of the settlement and reverses the order as to the advice concerning withdrawal of the motion for a new trial. http://www.tba.org/tba_files/TCA/mcdonaldch.wpd
SANDRA DIANE MOORE v. DANNY MICHAEL MOORE Court:TCA Attorneys: James F. Butler, SPRAGINS, BARNETT, COBB & BUTLER, Jackson, for Appellant, Danny Michael Moore L. L. Harrell, Jr., HARRELL & HARRELL, Trenton, for Appellee, Sandra Diane Moore Judge: HIGHERS First Paragraph: This appeal arises from an action for divorce filed by plaintiff-Wife in the Crockett County Chancery Court. Following defendant-Husband's answer and counter-complaint for divorce, the parties entered into a consent order for support and other relief. The court entered an order granting divorce and approving the parties' agreement. Subsequently, the court entered an order awarding Wife alimony in futuro and a significant amount of the marital assets. The court also found that stock in a corporation was a marital asset and included the stock in Husband's award of marital assets. Husband appeals both the award of alimony and the court's characterization of the corporation stock as a marital asset. http://www.tba.org/tba_files/TCA/mooresandra.wpd
MARTIN PASCHALL v. HENRY COUNTY BOARD OF EDUCATION Court:TCA Attorneys: Scott F. May, Memphis, Tennessee, for the Appellant, Martin Paschall. P. Allen Phillips and Andrew V. Sellers, Jackson, Tennessee, for the Appellee, Henry County Board of Education. Judge: LILLARD First Paragraph: This is an employment discrimination case. The plaintiff is a white teacher who was disciplined for his role in an altercation with a black teacher. The plaintiff sued the county school board for discrimination, alleging that he was disciplined because of his race, in violation of the Tennessee Human Rights Act. The trial court granted the school board's motion for summary judgment. The plaintiff appeals. We reverse and remand, finding that the plaintiff has proffered direct evidence of discriminatory intent. http://www.tba.org/tba_files/TCA/PaschallM.wpd
STEPHEN PATTERSON v. SUSAN A. PATTERSON (YONAVICH) Court:TCA Attorneys: John B. Philip, CRISLIP, PHILIP & ASSOCIATES, Memphis, for Appellant, Stephen Patterson Stephen R. Leffler, LAW OFFICE OF STEHPEN R. LEFFLER, P.C., Memphis, for Appellee, Susan A. Patterson (Yonavich) Judge: HIGHERS First Paragraph: This appeal arises from an order of the Chancery Court of Shelby County which changed primary physical custody of the parties' minor children to the Mother. The Father appeals from the trial court's decision. http://www.tba.org/tba_files/TCA/pattersonst.wpd
RONALD DEAN WARF & BONNIE LOU WARF v. WAYNE T. VINCENT Court:TCA Attorneys: Nicholas E. Bragorgos, Lucinda S. Murray, McNABB, HOLLEY, WALDROP & BRAGORGOS, PLLC, Memphis, for Appellant, Vincent Glen G. Reid, Jr., Nanette L. Wesley, WYATT, TERRANT & COMBS, Memphis, for Appellees, Warf Judge: HIGHERS First Paragraph: This appeal arises from a trespass action filed by plaintiffs-Warfs in the Shelby County Chancery Court. Defendant-Vincent admitted liability for the trespass. The only issues at trial were whether the injury to the land was permanent in nature and the amount of damages to be awarded to the Warfs. The trial court found that the injury was permanent and awarded the Warfs ten thousand dollars in compensatory damages. Vincent appeals both the determination that the damage was permanent and the amount of the damage award. http://www.tba.org/tba_files/TCA/warfronaldd.wpd

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