August 1, 2000 Volume 6 -- Number 120 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   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 ALFRED DOWDY v. WILLIE JOE ALEXANDER, et al. Court:TCA Attorneys: Alan Bryant Chambers and Jeff A. Crow, Jr., Memphis, For Appellants Donald A. Donati, Memphis, For Appellee Judge: CRAWFORD First Paragraph: After Local union's executive board terminated employment of its executive director, a member of the board sued in chancery court to enjoin the union from terminating the executive director. The chancery court issued a temporary injunction. After union's internal procedures established that the termination was not in violation of the union's constitution, the union moved to dissolve the injunction and to dismiss the suit. From the chancery court's order denying the motion, the union appeals http://www.tba.org/tba_files/TCA/dowdyalf.wpd MONA ZAYYAT KOJA v. ABED SALAM KOJA Court:TCA Attorneys: Fred M. Ridolphi, Jr., Memphis, For Appellant John B. Philip, Memphis, For Appellee Judge: CRAWFORD First Paragraph: Wife was granted a divorce and received a division of marital property and alimony in futuro. The trial court denied Wife attorney fees and expenses. Wife has appeal. The trial court's order denying an award of attorney fees and expenses is reversed. The case is remanded for entry of an order awarding one-half of the attorney fees and expenses. http://www.tba.org/tba_files/TCA/kojamon.wpd TERESA E. MILES, et al. v. EARL PACE Court:TCA Attorneys: Harold R. Gunn, Humboldt, For Appellant Michael T. Tabor, Jackson, For Appellees Judge: CRAWFORD First Paragraph: Four tenants in common, each owning a one-eighth interest in the property, filed suit for sale for partition against the other tenant in common, owning a one-half interest. After a non-jury trial, the court found that the property was so situated that it could not be partitioned and also found that it would be manifestly for the advantage of the parties that the property be sold rather than partitioned. The tenant in common owning one-half interest has appealed. We affirm, because the evidence does not preponderate against the findings of the chancellor. http://www.tba.org/tba_files/TCA/milester.wpd LARRY E. PARRISH, et al. v. ROBERT S. MARQUIS, et al. Court:TCA Attorneys: John J. Mulrooney, Memphis, Tennessee, for the appellants, Larry E. Parrish and Larry E. Parrish, P.C. Joe Lee Wyatt and Archie Sanders, III, Memphis, Tennessee, for the appellees, Robert S. Marquis and McCampbell & Young, P.C. Eugene J. Podesta, Jr., Memphis, Tennessee, for the appellees, Ronald C. Koksal and Butler, Vines & Babb, PLLC. Judge: FARMER First Paragraph: Plaintiffs Larry E. Parrish and Larry E. Parrish, P.C. (collectively, "Parrish"), appeal the trial court's final summary judgment that dismissed Parrish's claim for malicious prosecution against Defendants Robert S. Marquis, McCampbell & Young, P.C., Ronald C. Koksal, and Butler, Vines & Babb, PLLC. The Defendants also have raised an issue on appeal, contending that the trial court erred in denying their motions to dismiss for improper venue. We conclude that the Shelby County Circuit Court was not the proper venue for Parrish's malicious prosecution claim. Accordingly, we affirm the trial court's dismissal of Parrish's malicious prosecution claim on the alternative ground of improper venue. http://www.tba.org/tba_files/TCA/Parrishle.wpd GLENDA R. TATE v. BAPTIST MEMORIAL HOSPITAL Court:TCA Attorneys: Joanne M. Jenkins, Memphis, For Appellant Paul E. Prather, Robert D. Meyers, Jason G. Wolfkill, Memphis, For Appellee Judge: CRAWFORD First Paragraph: Hospital employee was accused of negotiating payroll checks of other employees and was discharged. Employee filed defamation suit, and trial court granted summary judgment because the pleadings and affidavits established that there was no publication of the alleged defamatory words since all communication thereof was to hospital employees. http://www.tba.org/tba_files/TCA/tategle.wpd TENNESSEE FARMERS MUTUAL INSURANCE COMPANY v. ROGER E. HOSTETLER, JO ANN FINCHER AND JAMES DURHAM DRAKE Court:TCA Attorneys: Robert B. Vandiver, Jr., Jackson, for Appellant Drake Charles L. Trotter, Jr., Huntingdon, for Appellee Judge: HIGHERS First Paragraph: This appeal arises from a declaratory judgment action filed in the Lauderdale County Circuit Court by Tennessee Farmers Mutual Insurance Company. The complaint sought a declaration that Tennessee Farmers was not obligated to defend or indemnify its insureds against a wrongful death lawsuit filed by James Drake, executor of the estate of Mattie Lee Drake. After both sides filed motions for summary judgment, the trial court ruled that coverage did not exist under the Personal Liability Insurance Policy and entered summary judgment in favor of Tennessee Farmers Mutual Insurance Company. http://www.tba.org/tba_files/TCA/TNFarmv.wpd JOE H. WALKER v. SIDNEY GILREATH & ASSOCIATES, et al. Court:TCA Attorneys: Norbert J. Slovis, Knoxville, Tennessee, for the appellant, Joe H. Walker. R. Franklin Norton and Geoffrey D. Kressin, Knoxville, Tennessee, for the appellee, Sidney Gilreath & Associates. Darryl G. Lowe, Knoxville, Tennessee, for the appellees, Gary McDonald and Brenda Hall. Judge: CAIN First Paragraph: This is a legal malpractice action in which Plaintiff appeals summary judgment entered for all Defendants. Plaintiff claims that Defendants, attorneys who represented him in a personal injury case, failed to file a Tenn. R. Civ. P. 54.04 motion for discretionary costs. The trial court held that compliance with the applicable standard of care involved genuine issues of material fact but sustained the summary judgment of all Defendants on the basis of the speculative character of Plaintiff's damages. We reverse and remand. http://www.tba.org/tba_files/TCA/WalkerJoeH.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. 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