August 2, 2000 Volume 6 -- Number 121 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 01 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court 03 New Opinion(s) from the Tennessee Court of Appeals 01 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: PETITION OF TENNESSEE BAR ASSOCIATION FOR THE APPROVAL OF CITATION SYSTEM FOR TENNESSEE APPELLATE DECISIONS Court:TSC - Rules Judge: ANDERSON First Paragraph: On February 2, 1997, the Tennessee Bar Association filed a petition in this Court seeking approval of a "Citation System for Tennessee Appellate Decisions." Because the proposed new rule raised issues of important public policy, the Court entered an order on January 21, 1997, soliciting responses to the petition from the Bar and the public. The order requested that responses be filed in the Appellate Court Clerk's office in Nashville on or before June 30, 1997. The Court received a number of thoughtful and constructive responses from various practicing attorneys, legal educators, and bar associations. http://www.tba.org/tba_files/TSC_Rules/TBA_ord.wpd EVELYN CAMPBELL, a/k/a ELVIN CAMPBELL, ERMA DORTON and EDRIA HUMPHREY, v. UNION PLANTERS BANK, formerly COMMERCE FEDERAL SAVINGS BANK Court:TCA Attorneys: H. Scott Reams, Morristown, Tennessee, for appellant, Union Planters Bank. Floyd W. Rhea, Sneedville, Tennessee, for appellees. Judge: FRANKS First Paragraph: In this action to recover on two certificates of deposit against the bank, the Trial Judge directed a verdict in favor of the plaintiffs after sustaining an objection to the bank's attempt to offer its business records in evidence. The bank has appealed, and we reverse and remand for a new trial. http://www.tba.org/tba_files/TCA/campbelle.wpd VICTORIA ROBBINS v. BILL WOLFENBARGER, D/B/A WOLF'S MOTORS and SAM HORNE Court:TCA Attorneys: Hubert D. Patty, Maryville, Tennessee, for appellant Sam Horne. Linda G. Shown, Alcoa, Tennessee, for appellee Victoria Robbins. Judge: FRANKS First Paragraph: A default judgment was entered against Horne and the Trial Court subsequently overruled Horne's Motion to Set Aside the Default. Horne has appealed. We affirm the judgment of the Trial Court. http://www.tba.org/tba_files/TCA/robbinsv.wpd TENNESSEE-AMERICAN WATER COMPANY v. CITY OF CHATTANOOGA, TENNESSEE, et al. Court:TCA Attorneys: Randall L. Nelson, Fredrick L. Hitchcock, Larry L. Cash, and Stephen D. Barham, Chattanooga, Tennessee, for the appellant, City of Chattanooga, Tennessee. Joe A. Conner and Misty Smith Kelley, Chattanooga, Tennessee, for the appellee, Tennessee- American Water Company. Judge: SWINEY First Paragraph: The City of Chattanooga asserted, by counter-claim, that the franchise rights of a state-franchised water company had terminated when the original stated corporate existence of ninety-nine years expired. The Hamilton County Chancery Court found that the water company's franchise was separate from the incorporation, that perpetuity of the franchise is the appropriate interpretation when there exists no limiting language in the franchise grant itself, and that the water company had not trespassed by continuing to operate in Chattanooga past the expiration of the original ninety-nine year grant of corporate existence. The judgment of the Chancellor is affirmed. http://www.tba.org/tba_files/TCA/TennAmer.wpd GEORGE TODD v. STATE OF TENNESSEE CORRECTED OPINION WITH COURT MEMO Court:TCCA Attorneys: Judge: WELLES First Paragraph: The Defendant appeals from the trial court's dismissal of his petition for post-conviction relief. The trial court found that the petition was barred by the statute of limitations. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/toddg.wpd COURT MEMO http://www.tba.org/tba_files/TCCA/toddg_mem.wpd PLEASE FORWARD THIS E-MAIL! 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