Opinion FlashMay 21, 2002
Volume 8 Number 89
Following this index are summaries of each case, including its name, first paragraph, author's name, and the names of attorneys for the parties of each opinion.
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Howard H. Vogel
STATE OF TENNESSEE, DEPARTMENT OF CHILDREN'S SERVICES v. C.H.H. In re: A.N.R. Court:TCA Attorneys: Lawrence M. House, Knoxville, Tennessee, for the Appellant, C.H.H. Paul G. Summers and Douglas Earl Dimond, Nashville, Tennessee, for the Appellee, State of Tennessee, Department of Children's Services. Judge: SWINEY First Paragraph: The State of Tennessee, Department of Children's Services ("DCS") filed a petition seeking to terminate the parental rights of C.H.H. ("Father"), the biological father of the minor child, A.N.R. ("Child"). The Trial Court granted DCS' petition to terminate Father's parental rights. Father appeals. We affirm as modified and remand. http://www.tba.org/tba_files/TCA/chh.wpd
ROY R. FERGUSON v. STATE OF TENNESSEE Court:TCA Attorneys: Samuel W. Brown, Knoxville, Tennessee, for the Appellant Roy R. Ferguson. Eugenie B. Whitsell, Senior Counsel, and Elizabeth Martin, Senior Counsel, Nashville, Tennessee, for the Appellee State of Tennessee. Judge: SWINEY First Paragraph: Roy R. Ferguson ("Plaintiff") filed suit in the Claims Commission against the State of Tennessee ("Defendant") after he was denied tenure at Roane State Community College ("Roane State"). Plaintiff claimed Defendant, by and through its agents, failed to follow its policies and procedures, thereby violating the implied covenant of good faith and fair dealing in his employment contract. Defendant filed a motion to dismiss alleging, inter alia, the covenant of good faith and fair dealing could not form the basis of a breach of contract claim against the State because it was not in writing. Defendant also argued the Claims Commission ("Commission") lacked subject matter jurisdiction over the claim. The Commission concluded it did not have jurisdiction over Plaintiff's claim because the implied covenant of good faith and fair dealing was not written. The Commission further concluded Plaintiff's claim should have been brought pursuant to the provisions of the Uniform Administrative Procedures Act and not in the Claims Commission, and dismissed the complaint for lack of subject matter jurisdiction. We affirm, as modified. http://www.tba.org/tba_files/TCA/fergusonrr.wpd
JAMES E. GUNTER v. TIM E. EMERTON Court:TCA Attorneys: John E. Appman, Jamestown, Tennessee, for the appellant, James E. Gunter. Keith L. Edmiston, Knoxville, Tennessee, for the appellee, Tim E. Emerton Judge: CANTRELL First Paragraph: In this action against a police officer for invasion of privacy by placing the plaintiff in false light the trial court granted summary judgment to the defendant. On appeal, the plaintiff claims that the trial judge erred by granting summary judgment on a defense not raised by the defendant. We affirm. http://www.tba.org/tba_files/TCA/gunterje.wpd
ORLANDO RESIDENCE, LTD. v. NASHVILLE LODGING CO., et al. Court:TCA Attorneys: Samuel L. Felker and Joseph F. Welborn, III, Nashville, Tennessee for the appellants, Nashville Lodging Company, Nashville Residence Corporation and Kenneth E. Nelson. Eugene N. Bulso, Jr. and Rebecca C. Blair, Nashville, Tennessee for the appellee, Orlando Residence, Ltd. Judge: CANTRELL First Paragraph: This is an action for damages for the fraudulent conveyance of a Nashville hotel to defeat the rights of a creditor of the original owner. After a trial and two prior appeals, the Chancery Court of Davidson County tried the case on the merits again in August of 2000. The jury returned a verdict in favor of the plaintiffs for $797,615. The defendants assert on appeal that the statute of limitations barred the claim, that the trial court erred in miscalculating the defendants' claim for restitution, and that there is no evidence in the record to support a finding that the transfer was fraudulent. We reverse the lower court's ruling that as a matter of law the statute of limitations had not run. In all other respects we affirm the lower court's judgment. http://www.tba.org/tba_files/TCA/orlandores.wpd
ANNE B. POPE, et al. v. LEUTY & HEATH, PLLC, et al. Court:TCA Attorneys: William W. Gibson, J. Graham Matherne, Andrew B. Campbell, Lyle Reid, and Jonathan D. Rose, Nashville, Tennessee, for the appellant, Anne B. Pope. Charles G. Copeland and Robert C. Richardson, Ridgeland, Mississippi, for the appellant, George Dale. Douglas Schmidt, Kansas City, Missouri, for the appellant, Scott B. Lakin. Susan M. Loving, Edmond, Oklahoma, for the appellant, Carroll Fisher. Ronald G. Harris, Nashville, Tennessee, for the appellee, Continental Casualty Company. Judge: CANTRELL First Paragraph: The receivers of a group of insolvent life insurance companies brought a malpractice action against an accounting firm that had performed allegedly negligent audits of the companies. The accounting firm denied any negligence, and filed a third party complaint against its professional liability insurer, requesting payment of benefits under an expired policy. The trial court dismissed the third-party complaint, ruling that the insurance policy was a claims-made policy and that the insurer was no longer obligated to its former insured. The court certified its order as final for purposes of appeal. We have concluded that the trial court was correct, and we affirm its order. http://www.tba.org/tba_files/TCA/popeab.wpd
JO ANNE SILVERMAN v. KRSNA, INC. Court:TCA Attorneys: Randolph A. Veazey and Warren M. Smith, Nashville, Tennessee, for the appellant, KRSNA, Inc. James S. Higgins and R. Lee Martin, Nashville, Tennessee, for the appellee, Jo Anne Silverman. Judge: CANTRELL First Paragraph: A woman who was severely scalded by the water in a motel bathtub sued the motel owner under several theories. She filed a motion for partial summary judgment on her theory of negligence per se, arguing that the defendant had not complied with provisions of the 1994 plumbing code designed to prevent such injuries. The defendant responded that it did not have to comply with the 1994 code, because the plumbing system and hot water heaters in the motel were installed before 1994, and were in compliance with the codes in existence at the time of their installation. The trial court denied the summary judgment motion. The court also ruled that while the defendant was not required to comply with a provision of the 1994 code that mandated the installation of certain safety devices in hot water systems, it was required to comply with a provision that established a maximum water temperature setting of 120 degrees Fahrenheit. Because of the potential impact of its ruling on the ultimate outcome of this case, the court granted the parties permission to apply to this court for interlocutory appeal, which we granted. We affirm the denial of summary judgment, but reverse the trial court's ruling that makes part of the 1994 code retroactive. http://www.tba.org/tba_files/TCA/silvermanja.wpd
STATE OF TENNESSEE v. TRACY FARRELL Court:TCCA Attorneys: William A. Buckley, Jr. (at trial), William Donaldson and Julie A. Rice (on appeal), for the Appellant, Tracy Farrell. Paul G. Summers, Attorney General & Reporter; Kathy D. Aslinger, Assistant Attorney General; Jerry N. Estes, District Attorney General; and Shari Tayloe, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WITT First Paragraph: The defendant, Tracy Farrell, appeals from his eleven drug convictions rendered by a McMinn County Criminal Court jury. On appeal he challenges the trial court's failure to grant a severance of offenses. We have determined that the trial court did not abuse its discretion in denying the motion to sever offenses, and we affirm the conviction judgments. http://www.tba.org/tba_files/TCCA/farrelltracy.wpd
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