November 15, 2001 Volume 7 — Number 212 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 06 New Opinion(s) from the Tennessee Court of Appeals 01 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. Howard H. Vogel Knoxville, Tennessee Editor-in-Chief, TBALink THELIA BARRETT v. WHITE HOUSE UTILITY DISTRICT OF ROBERTSON AND SUMNER COUNTIES Court:TCA Attorneys: Bridgett A. Wohlpart, Brentwood, for Appellant, White House Utility District of Robertson and Sumner Counties. Hugh Green, Lebanon, for Appellee, Thelia Barrett Judge: TURNBULL First Paragraph: This appeal challenges an award of damages made to the plaintiff by the trial judge after a bench trial. Defendant claims the trial judge's finding of causation is contrary to the weight of the evidence, that the damages are excessive and that it was error to award discretionary costs. Plaintiff claims that the award was inadequate. We affirm the trial court in all respects. http://www.tba.org/tba_files/TCA/barrett.wpd STATE OF TENNESSEE v. MARK A. DOOLEN, JR. Court:TCA Attorneys: William B. (Jake) Lockert, III, District Public Defender; Chris Young, Assistant Public Defender, Ashland City, Tennessee, for the appellant, Mark A. Doolen, Jr. Paul G. Summers, Attorney General and Reporter; Elizabeth T. Ryan, Assistant Attorney General, for the appellee, State of Tennessee. Judge: CANTRELL First Paragraph: A thirteen-year-old boy was convicted of vandalism in juvenile court, and was ordered to pay restitution of over $6,600. He claimed that the amount of restitution was excessive, and appealed to the circuit court, which affirmed the juvenile court's determination. We affirm the order of restitution, but modify the amount, for the reasons set out below. http://www.tba.org/tba_files/TCA/doolenma.wpd BEN HAMBRICK v. DONAL CAMPBELL, COMMISSIONER Court:TCA Attorneys: Ben Hambrick, Petros, Tennessee, Pro Se. Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; Stephanie R. Reevers, Senior Counsel, for the appellee, State of Tennessee. Judge: CANTRELL First Paragraph: A prisoner filed a petition for writ of certiorari more than sixty days after the entry of the order he was appealing from, in violation of Tenn. Code. Ann. S 27-9-102. The trial court dismissed the petition because of lack of jurisdiction. We affirm the trial court. http://www.tba.org/tba_files/TCA/hambrickb.wpd DWAYNE HAWKINS, et al. v. PATRICK A. HART, et al. Court:TCA Attorneys: Steven A. Riley, Katharine R. Cloud, and Taylor A. Cates, Nashville, Tennessee, for the appellants, Dwayne Hawkins and Al Gossett. John P. Branham and Kathryn Barnett, Nashville, Tennessee, for the appellees, Patrick A. Hart, Superior Motors, Inc., Nelson Bowers, II, and Bowers Transportation Group, LLC. H. Wayne Grant and David M. Elliott, Chattanooga, Tennessee, for the appellees, Bownel EMN, LLC f/k/a European Motors of Nashville, LLC, Sonic Automotive, Inc., Sonic Automotive of Tennessee, Inc., and Sonic Automotive of Nashville, LLC. Judge: CAIN First Paragraph: This matter began when Plaintiffs signed an agreement to purchase an automobile dealership from Defendant, Patrick Hart. Defendant Hart refused to honor this agreement and later agreed to sell the dealership to Defendant, Nelson Bowers. The current case flows from these breach of contract and inducement of breach of contract actions previously dismissed by the trial court and appealed to this Court. We are now asked to determine whether the trial court correctly applied the Court of Appeals decision in this matter. Plaintiffs appeal two orders issued by the trial court on remand: (1) an order dismissing claims for conversion and interference with business relations against the Bowers Defendants, reinstating the discretionary costs previously vacated by this Court in favor of the Bowers Defendants, and denying Plaintiffs' motion to amend to add additional claims and parties; and (2) a second order dismissing Plaintiffs' separate action against European Motors and Sonic Automotive, parties whom Plaintiffs had previously tried to join in the original action. We find that the trial court correctly interpreted and applied the Court of Appeals decision and affirm both orders in their entirety. http://www.tba.org/tba_files/TCA/hawkinsdwaynewbc.wpd SHIRLEY PEGUES, et ux. v. DR. LESTER R. GRAVES, JR., et al. Court:TCA Attorneys: Fred M. Ridolphi, Jr., Memphis, For Appellants, Shirley and Curtis Pegues William H. Haltom, Jr., Memphis, For Appellees, Dr. Lester R. Graves, Jr.,and Drs. Graves, Sanford, Cox & Aycock, P.C. Judge: CRAWFORD First Paragraph: Plaintiffs, husband and wife, sued physician when wife became pregnant after physician had performed a pregnancy avoidance procedure and allegedly guaranteed the results thereof. Defendant moved for a directed verdict which the trial court granted, but plaintiffs contend that it was granted after plaintiffs took a nonsuit. Plaintiffs appeal. We reverse. http://www.tba.org/tba_files/TCA/peguesshi.wpd F. RAY WHITE v. REGIONS FINANCIAL CORPORATION Court:TCA Attorneys: Stanley A. Kweller, Nashville, Tennessee, for the Appellant, F. Ray White. Barbara J. Moss, Nashville, Tennessee, for the Appellee, Regions Financial Corporation. Judge: GODDARD First Paragraph: In this appeal from the Circuit Court for Davidson County, the Plaintiff/Appellant, F. Ray White, contends that the Trial Court erred in granting the Defendant/Appellee, Regions Financial Corporation, a summary judgment against him with regard to his cause of action for age discrimination under the Tennessee Human Rights Act. We affirm the judgment of the Trial Court and we adjudge costs of appeal against Mr. White and his surety. http://www.tba.org/tba_files/TCA/whitefray.wpd STATE OF TENNESSEE v. BURITA A. WINEBARGER Court:TCCA Attorneys: Richard A. Spivey, Kingsport, Tennessee, for the Appellant, Burita A. Winebarger. Paul G. Summers, Attorney General and Reporter; Angele M. Gregory, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and J. Lewis Combs, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: The Defendant, Burita A. Winebarger, was charged in an arrest warrant with the offense of theft of property less than $500.00 in value. She pled guilty to the offense in the General Sessions Court of Sullivan County. The General Sessions Court sentenced her to serve eleven months and twenty nine days, with all but thirty days suspended. Defendant filed a timely appeal to the Criminal Court of Sullivan County. On the date that the case was set for "announcement" in criminal court, Defendant was approximately one hour late in arriving at court. The criminal court dismissed the appeal for "failure to prosecute" and remanded the case to the General Sessions Court of Sullivan County for "execution of the sentence." The Defendant filed a timely appeal to this court. After a review of the record, and the applicable law, we reverse the judgment of the criminal court and remand for a sentencing hearing de novo. http://www.tba.org/tba_files/TCCA/winebargerburita.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! 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