Opinion Flash

January 2, 2002
Volume 8 — Number 001

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
01 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
13 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
 

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

SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS 

Court:TSC - Rules

http://www.tba.org/tba_files/TSC_Rules/certlist_1231.wpd

MITCHELL THOMAS ANDERSON, et ux. v. DR. KEN WARREN, et ux.

Court:TCA

Attorneys:  

David W. Camp, Jackson, For Appellants, The Warrens

L. L. Harrell, Jr., Trenton, For Appellees, The Andersons                        

Judge: CRAWFORD

First Paragraph:

Buyers of home sued sellers for damages resulting from numerous
defects in home not disclosed to buyers and in direct contradiction of
the representations made about the property.  The trial court found
sellers had fraudulently misrepresented the condition of the property
and awarded damages.  Sellers appeal.  We affirm.

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

MYRTLE MAE DALY BROWN, et al. v. NORMA JEAN BELTON DALY

Court:TCA

Attorneys:

G. Keith Rogers and Larry K. Scroggs, Collierville, Tennessee, for the
appellants, Myrtle Mae Daly Brown, Willie Myrle Daly Cruse, Mary
Elizabeth Daly Wolfe, and T. J. Ward.

Joe M. Duncan and R. Porter Feild, Memphis, Tennessee, for the
appellee, Norma Jean Belton Daly.                       

Judge: FARMER

First Paragraph:

This appeal involves the disputed ownership of real property. 
Appellee claims title to the land by prescription, or in the
alternative, under the doctrine of laches.  After a jury trial, the
trial court entered a judgment in favor of Appellee.  Appellants
assert that the trial court erred by admitting a check into evidence
as proof that Appellee's predecessor in interest lived on the property
without the permission of Appellants.  We agree that the trial court
erred by admitting the check, but we affirm the judgment of the trial
court because the record contains material evidence to support the
jury's findings and corresponding verdict.

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

RICKY FLAMINGO BROWN, SR. v. C. O. I. MAJORS, et al.

Court:TCA

Attorneys:

Ricky Flamingo Brown, Nashville, TN, pro se

Paul G. Summers, Attorney General and Reporter, Michael E. Moore,
Solicitor General, Stephanie R. Reevers, Associate Deputy Attorney
General, Nashville, TN, for Appellees                       

Judge: HIGHERS

First Paragraph:

This appeal arises from the dismissal of the Appellant's petition for
writ of certiorari seeking review of disciplinary action and the
confiscation of property.  The Circuit Court of Hardeman County
dismissed the Appellant's petition for writ of certiorari for the
Appellant's failure to comply with section 41-21-801, et seq. of the
Tennessee Code, for lack of subject matter jurisdiction, and for
failure to state a claim upon which relief can be granted.  The
Appellant appeals the dismissal of his petition for writ of
certiorari.  For the reasons stated herein, we affirm the trial
court's decision.

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

RICHARD CROWE v. FIRST AMERICAN NATIONAL BANK

Court:TCA

Attorneys:

Andy Rowlett, Nashville; Stephen Craig Kennedy, Selmer, for Appellant,
First American National Bank

Terry Abernathy, Selmer, For Appellee, Richard Crowe                   

Judge: CRAWFORD

First Paragraph:

Owner of a pickup truck sued the bank that financed the purchase for
conversion after the bank repossessed the truck.  The trial court
entered judgment on a jury verdict for plaintiff in the amount of
$250,000.00.  Bank appeals.  We affirm in part reverse in part and
remand.

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

INDYMAC MORTGAGE HOLDINGS, INC. v. JOHN KAUFFMAN, EMMA JO KAUFFMAN, and JOE M. KIRSCH

Court:TCA

Attorneys: 

John D. Horne, Memphis, Tennessee, for the appellants, John Kauffman,
Emma Jo Kauffman, and Joe M. Kirsch. 

Steven N. Douglass and Michelle H. Joss, Memphis, Tennessee, for the
appellee, Indymac Mortgage Holdings, Inc.

Judge: LILLARD

First Paragraph:

This case involves the equitable subrogation of a mortgage.  The
plaintiff filed a complaint to enjoin the defendants from executing
foreclosure on property and to request equitable subrogation, seeking
to have priority over the defendants' lien, which was recorded first. 
The trial court granted the plaintiff's request for subrogation.  The
defendants appeal.  We reverse, finding that the evidence does not
support a grant of equitable subrogation.

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

DAN JOHNSON v. CORRECTIONS CORPORATION OF AMERICA, et al.

Court:TCA

Attorneys: 

Dan Johnson, Pro Se

Tom Anderson, Jackson, For Appellees                         

Judge: CRAWFORD

First Paragraph:

Plaintiff, an inmate at a correctional facility, filed a complaint
against the facility's private management company and its employees,
alleging negligence, intentional infliction of emotional distress,
assault and battery, medical malpractice under Tennessee state law,
and violations of prisoner's rights under the United States
Constitution.  The trial court dismissed the complaint for failure to
state a claim upon which relief can be granted.  Inmate appeals.  We
reverse and remand.

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

RICHARD LYNN NORTON v. RANDY ECKMAN 

Court:TCA

Attorneys:  

Richard Lynn Norton, Pro Se.

Tom Anderson, Jackson, Tennessee, for the appellee, Randy Eckman.                         

Judge: FARMER

First Paragraph:

The Plaintiff, an inmate in a correctional facility, has appealed the
trial court's grant of Defendant's motion to dismiss for failure to
state a claim upon which relief can be granted.  We reverse the order
of dismissal and remand to the trial court to dispose of the
Plaintiff's summary judgment motion.

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

DOROTHY JEAN OWEN, et al. v. GEORGE D. SUMMERS

Court:TCA

Attorneys:

John D. Horne, Memphis, For Appellant, George D. Summers

J. Houston Gordon, Covington, For Appellees, Dorothy Jean Owen on
relation of Jospeh B. Owen, Jr.                         

Judge: CRAWFORD

First Paragraph:

This is an action to set aside a warranty deed.  Plaintiff-Grantor
filed suit on February 11, 1997, to set aside a deed executed July 11,
1989, on the grounds of fraud and mental incompetency.  The defendant
grantee denied fraud and mental incompetency and affirmatively relied
upon the seven-year statute of limitations.  Following a jury trial,
which ended in a mistrial, the parties stipulated that the case be
submitted to the chancellor who conducted the trial for a nonjury
determination from the trial transcript and trial exhibits.  The
chancellor found that the seven-year statute of limitations had been
tolled by virtue of the grantor's mental incompetence, the deed was
procured by fraud, and that the grantor was mentally incompetent on
the date of the execution of the deed.  The chancellor rescinded the
deed.  Defendant-Grantee has appealed.  We affirm.

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

STATE OF TENNESSEE, ON RELATION OF THE COMMISSIONER OF THE DEPARTMENT
OF TRANSPORTATION, FOR AND ON BEHALF OF SAID DEPARTMENT v. FRANCES H.
PATRICK and FRANK DUNCAN

Court:TCA

Attorneys:       

Dennis W. Plunk, Savannah, TN, for Appellants

Coburn Dewees Berry, Kristin J. Hazelwood, Nashville, TN, for Appellee

Judge: HIGHERS

First Paragraph:

This appeal involves the owner of an undivided five-sixths interest in
property acquiring the remaining one-sixth interest from her
co-tenants under the doctrine of title by prescription. The circuit
court made finding of facts indicating that the prescriptive holder of
the property held the property exclusively and uninterrupted for more
than a twenty year period.  Further, the circuit court found that no
co-tenants were under a disability to assert their rights during the
twenty year period and that no permission was given to the
prescriptive holder to possess the property.  Based on these findings
of fact, the circuit court ruled that under the doctrine of title by
prescription, the prescriptive holder had acquired full title in the
property.  For the following reasons, we affirm the decision of the
circuit court.

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

JOSEPH CARL PIERCE, SR., et al. v. CORRECTIONS CORPORATION OF AMERICA, et al.

Court:TCA

Attorneys:

Joseph Carl Pierce, Sr., Pro Se.

Tom Anderson, Jackson, Tennessee, for the appellees, Corrections
Corporation of America, Prison Management Services, Inc, Prison Realty
Trust, Inc. and Correctional Management Services Corporation.                        

Judge: FARMER

First Paragraph:

This is an appeal from an order of the trial court granting a motion
to dismiss the complaint for failure to state a claim upon which
relief can be granted.  We reverse in part and affirm in part.

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

SCARLETT MARIE SPENCER & PATRICK MENEES SPENCER v. JAMES JUSTIN AYDLOTTE

Court:TCA

Attorneys:  

L. L. Harrell, Jr., Trenton, TN, for Appellants

Jeffrey A. Smith, Trenton, TN, for Appellee                        

Judge: HIGHERS

First Paragraph:

This is a suit for the termination of parental rights.  The Appellants
filed a petition in the Chancery Court of Gibson County to terminate
the Appellee's parental rights to his child.  Following a hearing, the
trial court entered an order denying the Appellants' petition.  The
Appellants appeal the trial court's order denying the Appellants'
petition to terminate the Appellee's parental rights.  For the reasons
stated herein, we affirm the trial court's decision.

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

GUY VARNADOE v. SHELTON McGHEE, JR., et al.

Court:TCA

Attorneys:  

Adam M. Nahmias, Memphis, TN, for Appellants

John D. Horne, Memphis, TN, for Appellee                        

Judge: HIGHERS

First Paragraph:

This appeal arises from a breach of contract claim brought by the
Appellee against the Appellants in the Chancery Court of Shelby
County.  The trial court entered a consent order, referring the case
to a special master.  Pursuant to the consent order, the trial court
directed the special master to conduct an investigation and report his
findings to the trial court.  The special master conducted an
investigation and submitted his report to the trial court.  The
special master concluded that the Appellee was entitled to full
payment under the contract but that the Appellants were entitled to a
set-off.  The trial court entered a judgment in the Appellee's favor
and gave the Appellants a set-off.  The trial court ordered that the
fees approved by the special master be divided equally between the
Appellants and the Appellee.

The Appellants appeal the entry of a judgment in the Appellee's favor
by the Chancery Court of Shelby County.  For the reasons stated
herein, we affirm in part, reverse in part, and remand to the trial
court for further proceedings consistent with this opinion.

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

THOMAS CLINTON WYNNS, III. v. RAE ANN CUMMINGS

Court:TCA

Attorneys:  

Harvey Gipson, Memphis, For Appellant, Thomas Clinton Wynns, III

Bruce A. Ralston, Memphis, For Appellee, Rae Ann Cummings                        

Judge: CRAWFORD

First Paragraph:

This case involves a dispute between Thomas Clinton Wynns, III
("Thomas") and Rae Ann Cummings ("Rae Ann"), the son and granddaughter
of Mrs. Leola Wynns ("Leola"), concerning Leola's mental capacity and
ability to manage her own affairs.  Plaintiff, Thomas, holder of a
power of attorney from his mother, filed a complaint against the
defendant, Rae Ann, seeking to have Rae Ann turn over to him all of
Leola's assets in possession of Rae Ann.  Rae Ann filed an answer to
the complaint and a petition for appointment of a conservator for
Leola and for an injunction against Thomas from removing any more of
her assets.  After a nonjury trial, the trial court found that the
court had jurisdiction to appoint a conservator for Leola; that the
facts warranted the appointment of a conservator; that the power of
attorney held by Thomas and a will executed by Leola in 1998 were
void, and that the quit claim deed executed on April 22, 1999, in
favor of Thomas, was also void. Thomas appeals.  We affirm in part,
vacate in part, and remand.

http://www.tba.org/tba_files/TCA/wynnstho.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? Anyone, whether a TBA member or not, is welcome to subscribe ... it's free!

For the Plain Text Version:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE
3) Leave the body of the message blank

For the HTML Text Version:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE HTML
3) Leave the body of the message blank

UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT!

To STOP receiving TBALink Opinion-Flash:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: UNSUBSCRIBE
3) Leave the body of the message blank

© Copyright 2002 Tennessee Bar Association