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

						
						
BEATRICE HOLIDAY v. SHONEY'S SOUTH, INC.

Court:TCA

Attorneys:

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

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

Judge: FARMER

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.

http://www.tba.org/tba_files/TCA/Holidayb.wpd





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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