Opinion Flash

January 30, 2002
Volume 8 — Number 018

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
03 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


CALSONIC YOROZU CORPORATION, INC. v. FORKLIFTS UNLIMITED, L.L.C.

Court:TCA

Attorneys:

George E. Copple, Nashville, Tennessee, for the appellant, Forklifts
Unlimited, L.L.C.

B. Timothy Pirtle, McMinnville, Tennessee, for the appellee, Calsonic
Yorozu Corporation, Inc.                          

Judge: CANTRELL

First Paragraph:

Calsonic Yorozu Corporation, Inc., appellee, sought declaratory
judgment relieving it of its duties under contract to Forklifts
Unlimited, L.L.C., appellant.  Appellee filed a motion for summary
judgment, which the trial court granted.  Because we think the
defendant was denied a reasonable opportunity for discovery we reverse
the summary judgment granted by the trial court.

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

STATE OF TENNESSEE, EX REL. TEWANNA STEWART v. GARY LOCKETT

Court:TCA

Attorneys:  

Paul G. Summers, Attorney General & Reporter; Stuart F. Wilson-Patton,
Senior Counsel, for the appellant, State of Tennessee, ex rel. Tewanna
Stewart.

Terry Clayton, Nashville, Tennessee (at trial) for the appellee, Gary
Lockett.                        

Judge: CANTRELL

First Paragraph:

The juvenile court ordered the father of a minor child to pay
retroactive child support for the first ten years after the child's
birth.  Because the court did not want to create a windfall for the
mother, it ordered that only part of the retroactive support be paid
to her, and that the remainder be placed in an educational trust fund
for the child's benefit.  The State argues on appeal that under the
facts of this case, the creation of an educational trust fund is not
authorized by the child support statutes and guidelines.  We affirm
the award of retroactive child support, but we reverse its allocation
between the mother and the child.

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

WATSON'S CARPET AND FLOOR COVERINGS, INC. v. RICK McCORMICK, et al.

Court:TCA

Attorneys:

Trevor W. Howell and R. Scott Jackson, Jr., Nashville, Tennessee, for
the Appellant, Watson's Carpet and Floor Coverings, Inc.

Alan Mark Turk, Brentwood, Tennessee, for the Appellees, Rick
McCormick and Carpet Den, Inc.

Kaz Kikkawa and William A. Blue, Jr., Nashville, Tennessee, for the
Appellee, Mohawk Industries, Inc.                          

Judge: GODDARD

First Paragraph:

This is a suit by Watson's Carpet and Floor Coverings, Inc., seeking
damages for intentional interference with a business relationship and
civil conspiracy.  The Trial Judge found, under the authority of
Nelson v. Martin, 958 S.W.2d 643 (Tenn. 1997), that no such cause of
action exists in Tennessee.  He also awarded discretionary costs to
all of the Defendants, and attorney fees to the Defendants, Rick
McCormick and his Corporation, Carpet Den, Inc.  The Plaintiff appeals
contesting all of the Court's determinations.  We affirm.

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

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