January 08 , 2001
Volume 7 -- Number 005

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
01 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
06 New Opinion(s) from the Tennessee Court of Appeals
03 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

INGRAM BOOK COMPANY V. REBECCA ROWLAND

Court:TSC - Workers Comp Panel

Attorneys: 

D. Russell Thomas and Herbert M. Schaltegger, Murfreesboro, Tennessee,
for the appellant, Rebecca Rowland.

D. Brett Burrow and Delicia R. Bryant, Brewer, Krause & Brooks,
Nashville, Tennessee, for the appellee, Ingram Book Company.                         

Judge: TURNBULL

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann.
 S50-6-225(e)(3) (1999) for hearing and reporting of findings of fact
and conclusion of law.  In this case, the employee contends the trial
court erred in finding no causal connection between her injury and
employment and no permanent partial disability.  As discussed below,
the panel has concluded that the evidence preponderates against the
trial court's findings and reverses its decision.

http://www.tba.org/tba_files/TSC_WCP/ingram.wpd


BOBBY F. CONLEE v. JUANITA RICE CONLEE Court:TCA Attorneys: J. Thomas Caldwell, for Appellant T. D. Forrester, for Appellee Judge: HIGHERS First Paragraph: This appeal involves a divorce ending a fourteen year marriage. The trial court granted the husband a divorce and divided the property. On appeal, the wife takes issue with the division of marital property, and the failure of the trial court to award her alimony or attorney's fees. For the following reasons, we affirm the judgment of the trial court in all respects. http://www.tba.org/tba_files/TCA/conleebobby.wpd
MELISSA SUZANNE DEW v. PRO-TEMP, et al. Court:TCA Attorneys: Roger L. Ridenour, Clinton, Tennessee, for the Appellant, Melissa Suzanne Dew. Edward G. Phillips, Knoxville, Tennessee, for the Appellee, Pro-Temp. Judge: SWINEY First Paragraph: This appeal arises from a grant of summary judgment to Pro-Temp ("Defendant"), a temporary employment agency. Melissa Suzanne Dew ("Plaintiff") brought suit against her employer, Defendant, and Eagle Bend Manufacturing, Inc. ("Eagle Bend"). Defendant assigned Plaintiff to work in a temporary position at Eagle Bend where Plaintiff sustained a work-related injury. A few months later, Plaintiff received a reprimand from her Eagle Bend supervisor related to Plaintiff's work performance. Thereafter, Defendant terminated Plaintiff's assignment at Eagle Bend. Plaintiff claims Defendant terminated her employment in retaliation for exercising her worker's compensation rights. Plaintiff argues there are genuine issues of material fact which preclude the granting of summary judgment to Defendant. We affirm. http://www.tba.org/tba_files/TCA/dewms.wpd
JOSEPH L. ELCAN, et al. v. LINDA AUGUSTINE, et al. Court:TCA Attorneys: J. Thomas Caldwell, for the Appellants T. D. Forrester, for the Appellees Judge: HIGHERS First Paragraph: This appeal involves a will contest concerning the last will and testament of Frank Elcan. Contestants are, among others, the brother and half sister of the testator. The proponents of the will are Linda Augustine and Jimmy Elcan. The complaint alleges that a paper writing dated December 1, 1995, previously admitted to probate in common form is not the lawful will of the testator because he lacked testamentary capacity and because he was unduly influenced by Linda Augustine. The proponent's answer denies the material allegations of the complaint. http://www.tba.org/tba_files/TCA/elcanjoseph.wpd
BENNIE J. FAULKNER, et al. v. HOMER SKELTON, et al. Court:TCA Attorneys: James F. Schaeffer, Jr., Memphis, Tennessee, for the appellants, Bennie J. Faulkner, et al. Louis F. Allen, David A. McLaughlin, Memphis, Tennessee, for the appellees, Homer Skelton, et al. Judge: LILLARD First Paragraph: This is a personal injury and wrongful death case involving an automobile accident. The plaintiffs, husband and wife, suffered injuries, and the wife's mother, a passenger in the car, died as a result of the accident. The driver of the other car was a sixteen-year old boy. The plaintiffs sued the boy's grandfather, and various corporate entities that he owned, alleging that they were the true owners of the car and had let the boy drive it for family and business purposes, and also alleging negligent entrustment. The trial court granted summary judgment to the defendants. We affirm, finding the evidence insufficient to support claims under any of these theories. http://www.tba.org/tba_files/TCA/faulknerbj.wpd
STATE OF TENNESSEE, Department of Children's Services, v. D. & G. M. Court:TCA Attorneys: Marty M. Stone, Chattanooga, Tennessee, for Appellant, D.M. Paul G. Summers, Attorney General and Reporter, and Douglas Earl Dimond, Assistant Attorney General, Nashville, Tennessee, for Appellee, State of Tennessee, Department of Children's Services. Judge: FRANKS First Paragraph: The Trial Judge terminated mother's parental rights to her three minor children. We affirm. http://www.tba.org/tba_files/TCA/stvdgm.wpd
WILLS & WILLS, L.P. v. RAYMOND B. GILL, III Court:TCA Attorneys: Richard M. Carter and Curt R. Soefker, Memphis, Tennessee, for the appellants, Wills & Wills, L.P. James W. Surprise, Memphis, Tennessee, for the appellee, Raymond B. Gill, III. Judge: FARMER First Paragraph: Owners of adjacent properties entered into negotiations and a subsequent agreement regarding issues concerning their properties. Dispute between the parties arose after one owner began construction of a Walgreens store in an area one party contended was other than that designated for the location of future buildings on the plat configuring the parties' properties. The other party alleged that the parties did not have an agreement between them concerning the location of future buildings on the adjacent properties. The trial court determined that the parties only had a meeting of the minds as to drainage improvements and further determined that the agreement was a contract only for drainage in that the agreement did not contain specific, written restrictive covenants as to the location for future buildings. We affirm. http://www.tba.org/tba_files/TCA/willswills.wpd
STATE OF TENNESSEE v. ROBBY J. COX Court:TCCA Attorneys: Leslie S. Hale, Assistant Public Defender, for the appellant, Robby J. Cox. Paul G. Summers, Attorney General and Reporter; Clinton J. Morgan, Counsel for the State; H. Greeley Wells, Jr., District Attorney General; and Jack Lewis Combs, Jr., Assistant District Attorney, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: The defendant pled guilty to facilitation of the sale of cocaine under Tennessee Code Annotated section 39-17-417. The defendant was sentenced to a six-year term at the Department of Correction, as a Range I offender, and fined $2000. The defendant requested alternative sentencing but, after a review of the defendant's background by the trial court, the request was denied. The defendant now appeals his sentence contending that the trial court erred by denying him alternative sentencing. After a thorough review of the record, we find that the trial court did not err in denying the defendant alternative sentencing. The defendant's sentence is affirmed. http://www.tba.org/tba_files/TCCA/coxrj.wpd
STATE OF TENNESSEE v. JERRY WAYNE ELLIOTT Court:TCCA Attorneys: George Morton Googe, District Public Defender; Michael D. Rasnake, Assistant Public Defender, Jackson, Tennessee, for the appellant, Jerry Wayne Elliott. Paul G. Summers, Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; Jerry Woodall, District Attorney General; William R. Martin, Assistant District Attorney General, for the appellee, State of Tennessee Judge: WOODALL First Paragraph: The Defendant, Jerry Wayne Elliott, pled guilty to three counts of aggravated assault, reserving his right to appeal a certified question of law, pursuant to Tenn. R. Crim. P. 37(b)(2)(i). Defendant had filed a Motion to Suppress evidence obtained from an allegedly unconstitutional search and seizure of Defendant, which the trial court denied following an evidentiary hearing. The denial of this Motion to Suppress is the basis of the certified question of law. After review of the record and the briefs we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/elliottjw.wpd
AARON BERNARD GRAY v. STATE OF TENNESSEE Court:TCCA Attorneys: Pamela J. Drewery, Jackson, Tennessee, for the appellant, Aaron Bernard Gray. Paul G. Summers, Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; Jerry Woodall, District Attorney General; and Al Earls, Assistant District Attorney General, for the appellee, State of Tennessee Judge: WELLES First Paragraph: The Defendant, Aaron Bernard Gray, appeals as of right from the dismissal of his petition for post- conviction relief. On appeal, he asserts that he should have been granted post-conviction relief because he was denied the effective assistance of counsel at trial, because the trial court abused its discretion by finding the victim competent to testify, and because the trial court abused its discretion by failing to grant a mistrial. We hold that the Defendant has failed to establish that he was denied the effective assistance of counsel and that his other two issues are either waived or previously determined. Thus, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/grayab.wpd

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