September 20, 2001
Volume 7 — Number 173

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
04 New Opinion(s) from the Tennessee Court of Appeals
02 New Opinion(s) from the Tennessee Court of Criminal Appeals
03 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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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

STATE EX REL ALICE ELIZABETH DURRANT v. EDWIN BRITTAIN HOWARD, II

Court:TCA

Attorneys:

Jonathan A. Moffatt, Knoxville, Tennessee for Appellant, Alice
Elizabeth Durrant.

Wanda G. Sobieski, Diane M. Messer, and Nanette J. Landen, Knoxville,
Tennessee for Appellee, Edwin Brittain Howard, II.

Judge: FRANKS

First Paragraph:

In this custody dispute, the Trial Court gave custody to the father. 
The mother appealed.  We affirm.

http://www.tba.org/tba_files/TCA/durranta.wpd


JOE T. JONES V. MARY ANN MCMURRAY, et al. Court:TCA Attorneys: Joe T. Jones, Franklin, Tennessee, pro se Appellant. Maclin P. Davis, Jr., and Terrence O. Reed, Nashville, Tennessee, for the Appellees Mary Ann McMurray and R.E. Lee Davies. Judge: SWINEY First Paragraph: In this malicious prosecution action, Joe T. Jones ("Plaintiff") appeals the Trial Court's grant of summary judgment to the defendants after concluding there was no genuine issue of material fact supporting Plaintiff's allegation of fraud surrounding entry of a judgment against Plaintiff in the underlying lawsuit. We affirm the judgment of the Trial Court. http://www.tba.org/tba_files/TCA/jonesjt.wpd
JOHN R. MALONEY, et al. v. MORRISTOWN CLINIC CORP., d/b/a EAST TENNESSEE OB/GYN, P.C., et al. Court:TCA Attorneys: David C. Lee and J.D. Lee, Knoxville, Tennessee, for the appellants, John R. Maloney and Cheryl C. Caruso, individually and as surviving parents of Emily LeAnn Maloney, deceased. Edward G. White, II, and Amy V. Hollars, Knoxville, Tennessee, for the appellees, Morristown Clinic Corp., d/b/a East Tennessee OB/GYN, P.C., and William B. Harris, Jr., M.D. C. J. Gideon, Jr., and Edward A. Hadley, Nashville, Tennessee, for the appellee, Hospital of Morristown, Inc., d/b/a Lakeway Regional Hospital. Judge: SUSANO First Paragraph: This is a wrongful death action based upon alleged medical malpractice. The plaintiffs are the parents of Emily LeAnn Maloney, who died six days after her birth. The trial court dismissed the plaintiffs' claims "for consortium and companionship damages" against the defendants - an obstetrician, his group, and a hospital - all of whom were involved in the birth and subsequent care of the plaintiffs' infant child. We reverse and remand for further proceedings. http://www.tba.org/tba_files/TCA/maloneyjr.wpd
PARKS PROPERTIES, et al. v. MAURY COUNTY, et al. Court:TCA Judge: KOCH OPINION DENYING PETITION FOR REHEARING http://www.tba.org/tba_files/TCA/parksproperties.wpd
STATE OF TENNESSEE v. STEVEN L. CHRISMAN Court:TCCA Attorneys: Gregory D. Smith (on appeal) and Roger Nell, Public Defender, Clarksville, Tennessee (on appeal and at trial), for the appellant, Steven L. Chrisman. Paul G. Summers, Attorney General & Reporter; Elizabeth T. Ryan, Assistant Attorney General; and Helen Young, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The defendant, Steven L. Chrisman, was convicted of three counts of aggravated burglary, Class C felonies. See Tenn. Code Ann. S 39-14-403. The trial court imposed concurrent sentences of eight years on each count; required jail confinement of 90 days; and ordered placement in a Community Corrections program for the remainder of the sentence. When the defendant failed to report to his Community Corrections officer, failed to make restitution, and failed to pay costs, the trial court ordered service of the remainder of the sentence in the Department of Correction. In this appeal of right, the defendant contends that the trial court erred by the revocation of his Community Corrections sentence. The judgment is affirmed. http://www.tba.org/tba_files/TCCA/chrismanstevenl.wpd
KING DAVID JOHNSON v. STATE OF TENNESSEE Court:TCCA Attorneys: Michael J. Flanagan, Nashville, Tennessee, for the appellant, King David Johnson. Paul G. Summers, Attorney General & Reporter; Thomas E. Williams, III, Assistant Attorney General; and Robert C. Sanders, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The petitioner, King David Johnson, appeals the trial court's denial of his petition for post-conviction relief. The issue presented for review is whether the petitioner was denied the effective assistance of counsel at trial. The judgment is affirmed. http://www.tba.org/tba_files/TCCA/johnsonkingdavid.wpd
Sheriff's entitlement to fees on first wage garnishment Date: September 11, 2001 Opinion Number: 01-145 http://www.tba.org/tba_files/AG/OP145.pdf
Records Concerning HIV Patients Date: September 14, 2001 Opinion Number: 01-146 http://www.tba.org/tba_files/AG/OP146.pdf
Establishment of Horizontal Property Regime without Regional Planning Commission's Approval Date: September 14, 2001 Opinion Number: 01-147 http://www.tba.org/tba_files/AG/OP147.pdf

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