November 1, 2001 Volume 7 — Number 203 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 00 New Opinion(s) from the Tennessee Court of Appeals 03 New Opinion(s) from the Tennessee Court of Criminal Appeals 01 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. Howard H. Vogel Knoxville, Tennessee Editor-in-Chief, TBALink MARTA MONZON v. MIGUEL ANGEL MONZON Court:TCA Attorneys: Marta Monzon, Collegedale, Tennessee, Pro Se. No appearance by appellee. Judge: SUSANO First Paragraph: The appellant, Marta Monzon, filed her notice of appeal more than 30 days after the entry of the trial court's final judgment. As a consequence of this late filing, we are without jurisdiction to hear this appeal. Accordingly, the appeal is dismissed. http://www.tba.org/tba_files/TCA/monzonm.wpd ROGER E. WHITE v. K. DAVID MYERS, et al. Court:TCA Attorneys: David A. Stuart, Clinton, Tennessee, for the Appellant, J. Philip Harber J. Brent Nolan, Knoxville, Tennessee, for the Appellee, Roger D. Hyman Judge: GODDARD First Paragraph: The Plaintiff, Roger E. White, filed suit seeking damages, attorney's fees, and court costs for multiple violations of the Fair Debt Collection Practices Act against two attorneys. Defendant K. David Myers was voluntarily dismissed with prejudice from the suit. Union County Chancery Court granted a motion for summary judgment on behalf of Defendant-Appellee, Roger D. Hyman. The court also granted Mr. Hyman's motion for sanctions against Mr. White and his attorney, J. Philip Harber. Mr. White did not appeal. Mr. Harber filed a notice of appeal as to the award of sanctions and also the amount of the sanctions. We affirm the decision of the trial court. http://www.tba.org/tba_files/TCA/whiteroger.wpd HOWARD ZOLDESSY v. INGRID DAVIS, et al. Court:TCA Attorneys: Vivian L. Crandall, Oak Ridge, Tennessee, for the appellants, Ingrid Davis and Arthur Davis. David L. Valone, Knoxville, Tennessee, for the appellee, Howard Zoldessy. Judge: SUSANO First Paragraph: Upon the application of Howard Zoldessy, a temporary injunction was issued by the trial court against the defendants, Ingrid Davis and Arthur Davis. The Davises are the parents of Zoldessy's deceased wife and the grandparents of Zoldessy's daughter, Rachel. The injunction in question prohibits the defendants "from coming about [Howard Zoldessy] and his daughter, Rachel Zoldessy, or contacting him in any manner whatsoever." Following a bench trial, the trial court found that both defendants had committed willful criminal contempt by "coming about [Zoldessy's] residence on October 4, 1999." Each defendant was sentenced to 48 hours imprisonment for their contempt. Mr. Davis was also found in contempt for sending letters to Zoldessy and was sentenced to an additional term of imprisonment of 48 hours. The defendants appeal the trial court's findings of contempt, as well as the sentences imposed. We affirm the finding of contempt as to the letters sent to Zoldessy; however, we reverse the finding of contempt for the defendants' purported "coming about" Zoldessy and his daughter. http://www.tba.org/tba_files/TCA/zoldessyh.wpd STATE OF TENNESSEE v. ELESA D. McDANIELS Court:TCCA Attorneys: J. Shannon Garrison, Dayton, Tennessee, for the appellant, Elesa D. McDaniels. Paul G. Summers, Attorney General and Reporter; Patricia C. Kussmann, Assistant Attorney General; James Michael Taylor, District Attorney General; and Steven H. Strain, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: The defendant was convicted of aggravated robbery and sentenced to eight years imprisonment. In this appeal, the defendant alleges (1) the evidence was insufficient to sustain her conviction, and (2) the trial court erroneously failed to charge simple robbery as a lesser-included offense of aggravated robbery. We conclude that the evidence was sufficient to support the conviction, and the defendant affirmatively acquiesced in the trial court's failure to charge simple robbery. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/mcdanielse.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! While Opinion Flash is a free service of the Tennessee Bar Association, you must be a subscriber to TBALink, the premier Web site for Tennessee attorneys, in order to access the full-text of the opinions or enjoy many other features of TBALink. TBA members may join TBALink for just $50 per year. To join, go to: http://www.tba.org/join.html/ SUBSCRIBE TO OPINION FLASH! Would you like to receive the TBALink Opinion Flash free each day by e-mail? 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