December 5, 2001
Volume 7 — Number 225

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

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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