September 20, 2000 Volume 6 -- Number 150 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 08 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 MICHAEL ALGER v. CORRECTIONS CORPORATION OF AMERICA, et al. Court:TCA Attorneys: Michael Alger, Pro Se. Tom Anderson, Jackson, Tennessee, for the appellees, Corrections Corporation of America, Mary Randolf, Percy Pitzer and Robert Coble. Judge: FARMER First Paragraph: An inmate sued Corrections Corporation of America and various individuals alleging failure to provide dental and medical care. The trial court dismissed the complaint for failure to state a claim upon which relief can be granted. The judgment of the trial court is reversed in part and affirmed in part. http://www.tba.org/tba_files/TCA/algerm.wpd NANCY BATMAN BLOOM v. DOUGLAS HUGH BLOOM Court:TCA Attorneys: James D. Causey and Jean E. Markowitz, Memphis, Tennessee, for the Appellant, Douglas Hugh Bloom. Linda L. Holmes, Memphis, Tennessee, for the Appellee, Nancy Batman Bloom. Judge: LILLARD First Paragraph: This is a divorce case. The parties were married for eighteen years and had a fifteen year old son. The wife was granted the divorce. The wife was awarded, inter alia, the marital home and the equity in it, 60% of the value of various financial assets, her automobile, and various household furnishings. Custody of the parties' son was awarded to the wife, and the husband was granted supervised visitation. The husband was ordered to pay child support. The wife was awarded 60 months of rehabilitative alimony, with the rate of rehabilitative alimony to increase when the husband's child support obligation ends. The wife's request for attorney's fees was denied. The husband appeals the division of the marital property and the amount of rehabilitative alimony awarded. The wife appeals the denial of her request for attorney's fees. We affirm, finding that the preponderance of the evidence supports the trial court's division of the marital property, the award of alimony, and the denial of the wife's request for attorney's fees. http://www.tba.org/tba_files/TCA/bloomnancy.wpd FRANK FETZER MILLS, JR., et al. v. LUIS L. WONG, M.D. Court:TCA Attorneys: DeWitt M. Shy, Jr., Wendy Coven Feild, Memphis, for Appellant Richard J. Myers, Memphis, for Appellees Judge: HIGHERS First Paragraph: This appeal presents a dispute over proper venue arising out of a medical malpractice suit against multiple defendants. The Shelby County Circuit Court denied the Defendant's motion to dismiss for improper venue. The case is before this court on an interlocutory appeal. http://www.tba.org/tba_files/TCA/millsfrankf.wpd EDGAR AND MARY MULROONEY, et al. v. TOWN OF COLLIERVILLE, TENNESSEE, et al. Court:TCA Attorneys: Dan M. Norwood, Memphis, for Appellants Charles B. Welch, Jr., Jon F. Minkoff, Memphis, for Appellees Judge: HIGHERS First Paragraph: This appeal arises from a quo warranto action filed by the Mulrooneys ("Property Owners") on behalf of residents of subdivisions annexed by Collierville ("Town"). Property Owners claimed that Town did not meet the statutory requirements needed to annex the subdivisions. The jury returned a verdict on behalf of Town, finding that the annexation was proper. Thereafter, Property Owners filed a motion for new trial which was denied by the court. Property Owners appeal. http://www.tba.org/tba_files/TCA/mulrooneyedgar.wpd MICHELLE BAKER PISANO v. GERRY BAKER Court:TCA Attorneys: Jeffrey W. Parham, Martin, for Appellant Gerry Baker, pro se Judge: HIGHERS First Paragraph: This appeal arises out of the trial court's denial of a petition for change of custody. The Weakly County Chancery Court denied the Mother's petition finding that no material change in circumstances had occurred to justify a change in custody from the Father. http://www.tba.org/tba_files/TCA/pisanomichelle.wpd SAM LEE SIMPSON, et al. v. ADDIE WILLIAMS DAVIS, et al. Court:TCA Attorneys: Ivan D. Harris, Jr., Collierville, for Appellant J. Payson Matthews, Somerville, for Appellee Judge: HIGHERS First Paragraph: This appeal arises from a breach of fiduciary duty and unjust enrichment action initiated by Sam Simpson against Addie Davis. Simpson alleged Davis breached her duty as trustee of her deceased mother's estate and was unjustly enriched by Simpson's construction of a residence on Davis' property. The trial court held that although Davis did not breach a fiduciary duty, she was unjustly enriched. The court ordered the sale of both the property and residence with proceeds to be allocated between the parties. Davis appeals. http://www.tba.org/tba_files/TCA/simpsonsaml.wpd JERRY WAYNE TERRY v. DONNA BRAZIER TERRY Court:TCA Attorneys: S. Roger York, Crossville, Tennessee, for the appellant, Jerry Wayne Terry. Vivian E. Warner and Allison M. Barker, Crossville, Tennessee, for the appellee, Donna Brazier Terry. Judge: GODDARD First Paragraph: This appeal from the Cumberland County Probate and Family Court concerns whether the Trial Court erred in making an equitable division of the marital estate of Jerry Wayne Terry, the Appellant, and Donna Brazier Terry, the Appellee. We affirm the judgment of the Trial Court and remand for such further proceedings as may be necessary. We adjudge costs of appeal against Mr. Terry and his surety. http://www.tba.org/tba_files/TCA/terryjer.wpd RANDALL D. WEBBER, JR., et al. v. LESLIE RICHARD HUNT, et al. Court:TCA Attorneys: Roger L. Ridenour, Knoxville, Tennessee, for the Appellant, Randall D. Webber, Sr. James S. MacDonald, Knoxville, Tennessee, for the Appellee State Farm Mutual Automobile Insurance Company. Judge: GODDARD First Paragraph: The question presented by this appeal is whether an automobile insurance policy issued by State Farm Mutual Insurance Company provided uninsured motorist coverage of 50/100 thousand dollars or 25/50 thousand dollars. The Trial Judge sustained the Insurance Company's motion for summary judgment, holding that the 25/50 thousand dollars was applicable. We vacate the judgment. http://www.tba.org/tba_files/TCA/webberran.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! 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