September 28, 2001
Volume 7 — Number 179

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):
 
04 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
00 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
 

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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

CLARA FRAZIER v. EAST TENNESSEE BAPTIST HOSPITAL, INC., et al.

Court:TSC

Attorneys: 

Adolpho A. Birch, Jr., Janice M. Holder, William M. Barker, JJ.,
joined.

Donna Keene Holt and David E. Waite, Knoxville, Tennessee, for the
appellant, Clara Frazier.

R. Franklin Norton, Gary G. Spangler, and Joe R. Feagins, Knoxville,
Tennessee, for the appellee, East Tennessee Baptist Hospital, Inc.                         

Judge: DROWOTA

First Paragraph:

On May 8, 1998, plaintiff, in her capacity as estate administrator,
brought this medical malpractice claim against defendant East
Tennessee Baptist Hospital and Mark W. Jackson, M.D., in Knox County
Circuit Court.  On August 7, 1998, plaintiff moved for and was granted
a voluntary dismissal without prejudice as to East Tennessee Baptist
Hospital only.  On August 5, 1999, plaintiff, seeking to rejoin East
Tennessee Baptist Hospital as a defendant, filed a motion to amend the
complaint and a proposed amended complaint.  The motion to amend was
granted and an order was entered on August 10, 1999, rejoining East
Tennessee Baptist Hospital as a defendant.  East Tennessee Baptist
Hospital later filed a motion to dismiss, claiming that the period of
limitation for re-filing under Tenn. Code Ann. S 28-1-105 had expired
on August 7, 1999.  The defendant's motion to dismiss was granted, and
East Tennessee Baptist Hospital was dismissed from the case. 
Plaintiff appealed to the Court of Appeals, which affirmed the trial
court's decision.  The issue before this Court is whether the filing
of a motion to amend and a proposed amended complaint "commenced a new
action" within the meaning of Rule 3 of the Tennessee Rules of Civil
Procedure and Section 28-1-105 of Tennessee Code Annotated (the
"saving statute").  We hold that filing a motion to amend and a
proposed amended complaint constitute commencement of a new action. 
Therefore, the plaintiff has fulfilled the requirements of the saving
statute, and the judgments of the trial court and the Court of Appeals
are reversed and this cause is remanded to the circuit court.

http://www.tba.org/tba_files/TSC/frazierc.wpd


STATE OF TENNESSEE v. MICHAEL SHANE HONEYCUTT Court:TSC Attorneys: Richard McGee, Nashville, Tennessee, for appellant, Michael Shane Honeycutt. Paul G. Summers, Attorney General and Reporter, Michael E. Moore, Solicitor General, Kim R. Helper, Assistant Attorney General, Victor S. Johnson, III, District Attorney General, Roger Moore, Assistant District Attorney General, for appellee, State of Tennessee. Judge: BIRCH First Paragraph: Michael Shane Honeycutt was convicted of aggravated child abuse; the Court of Criminal Appeals affirmed the conviction. Honeycutt contends that he was denied effective assistance of counsel due to trial counsel's failure to employ a theory of defense seeking to establish the child's mother as the perpetrator. We hold that trial counsel's performance was deficient in this regard and that this deficiency prejudiced the outcome of the case. The judgment of the Court of Criminal Appeals is therefore reversed, and this case is remanded to the trial court for a new trial. http://www.tba.org/tba_files/TSC/honeycuttm.wpd
DAVID EARL MILLER v. STATE OF TENNESSEE Court:TSC ORDER DENYING PETITION FOR REHEARING Upon due consideration, the Court concludes that the petition to rehear filed by David Earl Miller should be and is hereby DENIED. http://www.tba.org/tba_files/TSC/millerrehear_ord.wpd
STATE OF TENNESSEE v. RUDOLPH MUNN Court:TSC The appellant, Rudolph Munn, has filed a petition to rehear this Court's opinion, which was released on August 31, 2001. We have reviewed all of the arguments raised in the petition and conclude that they are without merit. Accordingly, it is ORDERED that the petition to rehear is denied. http://www.tba.org/tba_files/TSC/munnrehear_ord.wpd

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