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
 

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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

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