December 5, 2001
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.
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Howard H. Vogel
JOSEPH BEAUCAMP v. TENNESSEE BOARD OF PAROLES, et al. Court:TCA Attorneys: Joseph Beaucamp, Tiptonville, Tennessee, Pro Se. Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; and Stephanie R. Reevers, Nashville, Tennessee, for the appellee, Tennessee Board of Paroles. Judge: KOCH First Paragraph: This appeal involves a dispute between a prisoner and the Tennessee Board of Paroles over the prisoner's right to sentence credits against his Tennessee conviction for time served in Arkansas penal institutions. After the Board declined to give him credit for this time, the prisoner filed a petition for common-law writ of certiorari in the Chancery Court for Davidson County asserting that the Board had acted illegally by refusing to abide by the terms of his Arkansas sentence. The trial court dismissed the petition, and the prisoner has appealed. We affirm the dismissal of the petition because Tennessee is not bound by the terms of the criminal sentences imposed by the courts of Arkansas. http://www.tba.org/tba_files/TCA/beaucampj.wpd YONA BOYD, et al. v. DONALD BRUCE, M.D., et al. Court:TCA Attorneys: David E. Danner, Nashville, For Appellants, Yona Boyd and Brenda Collier Thomas L. Whiteside, Nashville, For Appellees, Donald Bruce, M.D. and D & C Property Mgmt. Corp. Judge: CRAWFORD First Paragraph: This is an appeal of the trial court's order denying plaintiff's relief pursuant to Tenn.R.Civ.P. 60.01. We affirm the trial court. http://www.tba.org/tba_files/TCA/boydbruce.wpd YONA BOYD, et al. v. PRIME FOCUS, INC., et al. Court:TCA Attorneys: David E. Danner, Nashville, Tennessee, for the appellants, Yona Boyd and Brenda Collier. Thomas L. Whiteside, Nashville, Tennessee, for the appellees, Prime Focus, Inc., Donald Bruce, M.D. and D&C Property Management Corp. Judge: FARMER First Paragraph: This case began as a dispute between the plaintiffs and their employers. The defendant was awarded summary judgment, and plaintiffs were sanctioned by the court pursuant to Rule 11 of the Tennessee Rules of Civil Procedure. Plaintiffs now appeal this sanction. We affirm sanctions but modify the order. http://www.tba.org/tba_files/TCA/boydprime.wpd MICHAEL DANIEL FRY v. YURIKO SHINODA FRY Court:TCA Attorneys: D. Scott Parsley, Nashville, Tennessee, for the appellant, Michael Daniel Fry. Yuriko Shinoda Fry, Nashville, Tennessee, Pro Se. Judge: CANTRELL First Paragraph: Pursuant to the wife's motion under Rule 60, Tenn. R. Civ. P., the trial court amended the division of the husband's Navy pension contained in an agreed order of divorce. We reverse the trial court's judgment. http://www.tba.org/tba_files/TCA/frymd.wpd LINDA DARLENE MUSICK v. CALVIN LESLIE MUSICK Court:TCA Attorneys: Thomas C. Jessee, Johnson City, Tennessee, for Appellant. David S. Haynes, Bristol, Tennessee, for Appellee. Judge: FRANKS First Paragraph: The Trial Court granted parties a divorce, divided marital property, and awarded alimony. The parties have appealed on issues of evidence, division of marital property, the granting of alimony, and wife's attorney's fees. We affirm. http://www.tba.org/tba_files/TCA/musickl.wpd ROBERT VAUGHN ODOM v. MARY JO ODOM Court:TCA Attorneys: Jeffrey L. Levy, Nashville, Tennessee, for the appellant, Mary Jo Odom. Karla C. Hewitt, Nashville, Tennessee, for the appellee, Robert Vaughn Odom. Judge: KOCH First Paragraph: This appeal involves a bitter custody dispute over three children between the ages of nine and fourteen. During the divorce proceeding in the Chancery Court for Dickson County, the parties agreed that the mother would have custody of the children and also agreed on visitation arrangements that accommodated the mother's planned move to another state. Several months after the entry of the divorce decree, the father petitioned to change custody and to hold the mother in contempt for interfering with his relationship with the children. During the ensuing three years, the parties traded allegations of sexual and physical abuse of the children and other misconduct. Following a bench trial in December 1998, the trial court found that there had been a material change in the children's circumstances and granted the father custody of the children. On this appeal, the mother asserts that she was denied due process by the trial court's refusal to require the parties and their children to undergo a psychological examination and that the trial court unlawfully delegated its judicial authority to a psychologist who had been counseling the children. We have determined that the mother received an essentially fair hearing on this custody dispute and, therefore, affirm the trial court. http://www.tba.org/tba_files/TCA/odomrv.wpd THOMAS A. SMYTHE v. PHIL JONES, et al. Court:TCA Attorneys: David I. Komisar, Nashville, Tennessee, for the Appellant, Thomas A. Smythe Grant C. Glassford, Nashville, Tennessee, for the Appellees, Phil Jones and McFarlin Woods, L.L.C. Judge: GODDARD First Paragraph: In this suit wherein the Plaintiff, Thomas a. Smythe, seeks damages against the Defendant, Donald Cowan, for willfully interfering with contractual relations between Mr. Smythe and Phil Jones, the Trial Court granted summary judgment because in his opinion the Statute of Limitations barred the claim asserted. We affirm. http://www.tba.org/tba_files/TCA/smythethomas.wpd
ALEXANDER C. WELLS v. STATE OF TENNESSEE
Court:TCA
Attorneys:
Mark C. Scruggs, Nashville, Tennessee, for the appellant, Alexander C.
Wells.
Paul G. Summers, Attorney General and Reporter; Michael E. Moore,
Solicitor General; and George H. Coffin, Jr., Assistant Attorney
General, for the appellee, State of Tennessee.
Judge: CANTRELL
First Paragraph:
Appellant, Dr. Alexander C. Wells, was a professor at Tennessee State
University ("TSU"). He was relieved of his teaching duties in 1992
and was asked to remove his property from the office and laboratory
space he occupied at TSU. He moved some of his belongings in 1995.
His remaining belongings were boxed and moved to the campus warehouse
in 1996 because the space had been reassigned. When he retrieved his
belongings in 1997, he found several items missing. Appellant then
brought a claim in the Tennessee Claims Commission asking the State of
Tennessee to return his property or, in the alternative, give him
monetary compensation for the lost items. The Commission held that
TSU had not been negligent in the care, custody and control of
appellant's property. Therefore, the State was not liable for the
missing property. We affirm the decision of the Commission.
http://www.tba.org/tba_files/TCA/wellsac.wpd
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