November 21, 2001
Volume 7 — Number 216

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
08 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

CHARLES BOBO v. TENNESSEE DEPARTMENT OF CORRECTIONS, et al.

Court:TCA

Attorneys:

Charles Bobo, Mountain City, Tennessee, Pro Se.

Paul G. Summers, Attorney General and Reporter; Michael E. Moore,
Solicitor General; and Dawn Jordan, Assistant Attorney General,
Nashville, Tennessee, for the appellees, Tennessee Department of
Correction, Northeast Correctional Complex and State Prison
Disciplinary Board.                        

Judge: CAIN

First Paragraph:

Appellant, a prison inmate, filed, in the Chancery Court of Davidson
County, a Petition for Writ of Certiorari questioning disciplinary
actions against him by the Department of Corrections.  The petition
was dismissed by the Chancellor with costs assessed against Appellant.
 Appellant then sought exemption of his inmate trust account from
execution for costs asserting that Tennessee Code Annotated Section
26-2-103 rendered his trust account and personal property to a value
of $4,000 exempt from execution for court costs.  The Chancellor held
Tennessee Code Annotated Section  26-2-103 to be inapplicable, and we
affirm the Chancellor.

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



JON D. HALL v. BILL MCLESKY, et al. Court:TCA Attorneys: Jon D. Hall, Nashville, Tennessee, Pro Se. Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; Mark A. Hudson, Senior Counsel, for the appellees, Bill McLesky, Howard Brandon, Robert Waller, Ricky Bell, Charles Tracey, Sharon Johnson, Jim Rose, Opus Correctional, LLC. Judge: CANTRELL First Paragraph: A death row inmate filed a Petition for Declaratory Judgment, claiming that employees of the Department of Correction had caused his attorney's phone number to be removed from an approved calling list, and had refused to restore the number to the list in a timely way. The inmate named seven employees of the Department and a private telephone company as defendants, and demanded monetary damages. The trial court dismissed the action, because the petitioner failed to comply with the mandatory requirements of the Uniform Administrative Procedures Act. Because we do not believe the petitioner was entitled to relief under any of the theories he advanced, we affirm the trial court. http://www.tba.org/tba_files/TCA/halljd.wpd
TEX HELTON, et al. v. COLONIAL LOAN ASSOCIATION, INC., et al. Court:TCA Attorneys: Phillip L. Boyd, Rogersville, Tennessee, for the Appellants, Tex Helton and wife, Judy Helton H. Scott Reams, Morristown, Tennessee, for the Appellee, Colonial Loan Association, Inc. Judge: GODDARD First Paragraph: Tex Helton and his wife sue Colonial Loan Association, Inc., and Lakeview Motors, Inc., seeking damages in connection with Colonial Loan's repossession of an automobile sold to them by Lakeview Motors. The Trial Court granted a summary judgment as to Colonial Loan. The claim as to Lakeview Motors has been concluded and this appeal only concerns the granting of a summary judgment in favor of Colonial Loan. We vacate the order granting summary judgment and remand. http://www.tba.org/tba_files/TCA/heltontex.wpd
ANTHONY McNABB and Wife SHERRY McNABB v. HIGHWAYS, INC., and A&H SAFETY SUPPLY, PAUL HARRISON v. HIGHWAYS, INC., and A&H SAFETY SUPPLY Court:TCA Attorneys: Andrew R. Tillman, Knoxville, Tennessee, for Appellants. Donald W. Strickland, Chattanooga, Tennessee, for Appellee, Highways, Inc. Judge: FRANKS First Paragraph: Plaintiffs' action for damages for personal injury allegedly due to defendant's negligence, was dismissed by the Trial Judge for failure of plaintiffs to join all alleged tort feasors in one action. On appeal, we vacate and remand. http://www.tba.org/tba_files/TCA/mcnabba.wpd
JOHNETTA PATRICE NELSON, et al. v. INNOVATIVE RECOVERY SERVICES, INC. Court:TCA Attorneys: Robert L. Whitaker, Nashville, Tennessee, for the appellants, Johnetta Patrice Nelson and Ruby Nelson. Rhonda M. Whitted, Nashville, Tennessee, for the appellee, Innovative Recovery Services, Inc. Judge: CAIN First Paragraph: This is a declaratory judgment action by Ruby Nelson against Innovative Recovery Services, Inc. ("IRSI"), subrogation recovery agent for Tennessee Coordinated Care Network, d/b/a Access ..MedPLUS ("TCCN"), a health maintenance organization under TennCare. TCCN paid $6,266.75 in medical expenses for Ruby Nelson and, under TennCare statutes, had a subrogation interest in this amount as to any third party recovery by Ms. Nelson. The Complaint asserts that TCCN is liable to attorneys for Ruby Nelson for attorney's fees in the amount of one-third of the subrogation interest. The Chancellor held TCCN not liable for attorney's fees to the attorneys representing Ruby Nelson, and we affirm the judgment of the Chancellor. http://www.tba.org/tba_files/TCA/nelsonjohnetta.wpd
JAMES SAYLOR v. TENNESSEE DEPARTMENT OF CORRECTION Court:TCA Attorneys: James Saylor, Pro se. Paul G. Summers, Attorney General and Reporter, Michael E. Moore, Solicitor General and Dawn Jordan, Assistant Attorney General, for the appellee, Tennessee Department of Correction. Judge: FARMER First Paragraph: Appellant, a prison inmate, filed an action challenging the Department of Correction's calculation of his sentence. The action was dismissed in the trial court and costs were assessed against Appellant. He petitioned the trial court to rule that he was entitled to claim the personal property exemption provided for in Tenn. Code Ann. S 26-2-103 (2000). The trial court denied this relief and this appeal resulted. We affirm the court below. http://www.tba.org/tba_files/TCA/saylorjames.wpd
KENNETH EUGENE VARNEY v. HEATHER LOUISE VARNEY ROEMER Court:TCA Attorneys: Connie Reguli, Nashville, Tennessee, for the appellant, Kenneth Eugene Varney. J. Robin McKinney, Jr., Nashville, Tennessee, for the appellee, Heather Louise Varney Roemer. Judge: COTTRELL First Paragraph: This is a post-divorce custody case in which Father alleged a change of circumstances due to step- father disciplining the two minor children in an inappropriate manner, Mother not being able to provide a stable and consistent home and school environment, the children experiencing emotional problems while in Mother's home, and Mother voluntarily relinquishing custody. The trial court found that Father failed to demonstrate a change of circumstances warranting change of custody. Although the two children had been living with Father, the court refused to change the initial award of custody to Mother. We find that the evidence preponderates against the trial court's determination regarding changes in circumstances and that, by focusing on one alleged incident of inappropriate discipline, the court failed to consider other circumstances relevant to the inquiry. http://www.tba.org/tba_files/TCA/varneyk.wpd
JIMMY WAYNE WILSON v. STATE OF TENNESSEE Court:TCA Attorneys: Jimmy Wayne Wilson, Wartburg, Tennessee, Pro Se. Paul G. Summers, Attorney General and Reporter and Arthur Crownover, II, Nashville, Tennessee, for the appellee, Tennessee Department of Correction. Judge: CAIN First Paragraph: By opinion of this Court dated August 27, 1999, dismissal by the trial court of Plaintiff's Petition for Declaratory Judgment or Common Law Writ of Certiorari complaining about computation of his sentence reduction credits was affirmed with costs assessed against Petitioner. He then attempted to have his inmate trust account shielded from collection of court costs by claiming exceptions under Tennessee Code Annotated section 26-2-101, et seq. The trial court denied his application and he filed timely appeal. We affirm the trial judge. http://www.tba.org/tba_files/TCA/wilsonjimmy.wpd

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