Opinion Flash

May 29, 2002
Volume 8 — Number 94

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.

This Issue (IN THIS ORDER):
 
00 New Opinion(s) from the Tennessee Supreme Court
01 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
03 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


HEATHER LYNN KEY v. AMERICAN INSURANCE COMPANY

Court:TSC - Rules

Attorneys:

William R. Pigue and A. Allen Smith, III, Nashville, Tennessee, for
the appellant, American Insurance Company.

William Joseph Butler and E. Guy Holliman, Lafayette, Tennessee, for
the appellee, Heather Lynn Key.                         

Judge: INMAN

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann.S 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law.  The trial
court found the plaintiff to be 22 _ percent anatomically impaired,
and applied a multiplier of 2 _  times in awarding benefits based upon
a 56.25 vocational percent impairment.  The evidence preponderates
against a finding of 22 _ percent anatomical impairment.

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

CORY L. STAPLES v. WILLIAM L. CLIFTON

Court:TCA

Attorneys: 

Harry K. Hays, Chattanooga, Tennessee, for Appellant.

Morgan G. Adams, Chattanooga, Tennessee, for Appellee.                         

Judge: FRANKS

First Paragraph:

Trial Court entered Judgment for plaintiff on malicious prosecution
claim.  On appeal, plaintiff seeks an additur.  Defendant also
appeals, arguing there is no evidence to establish the cause of action
and damages were not established.  We affirm.

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

WILLIAM J. VINCENT v. REID TROUTMAN, EXECUTOR, et al.
IN RE:  ESTATE OF GEORGE C. VINCENT

Court:TCA

Attorneys:    

Johnny V. Dunaway, LaFollette, Tennessee, for the Appellant William J.
Vincent.

Roy L. Aaron and Amy V. Hollars, Knoxville, Tennessee, for the
Appellee John Oliver.

Reid Troutman, LaFollette, Tennessee, as Personal Representative of
the Estate of George C. Vincent.

Judge: SWINEY

First Paragraph:

George Vincent directed in his Last Will and Testament for his
Executor to pay "all my just debts."  Mr. Vincent was solely
responsible for a mortgage on his home.  This real estate passed to
his nephew, William Vincent ("Plaintiff"), who was a joint tenant with
the right of survivorship.  A dispute arose as to whether Mr.
Vincent's estate was responsible for paying the remaining balance owed
on the mortgage, or whether Plaintiff was responsible for same.  The
Trial Court concluded since Plaintiff became the sole owner of the
property after the death of his uncle, the real estate was not part of
the estate and Plaintiff was, therefore, responsible for the debt.  We
conclude the mortgage was a "just debt" of the estate, and reverse.

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

RONALD E. WALKER v. SHERRY K. WALKER

Court:TCA

Attorneys:  

John R. Morgan, Chattanooga, Tennessee, for the Appellant, Ronald E.
Walker.

Sherry B. Paty, Chattanooga, Tennessee, for the Appellee, Sherry K.
Walker.                        

Judge: SWINEY

First Paragraph:

Ronald E. Walker ("Husband") and Sherry K. Walker ("Wife") were
divorced in 2001, pursuant to a final judgment.  The parties were
awarded joint custody of their then almost sixteen year old child
("Child") with Husband serving as the primary physical custodian of
the Child.  The Trial Court awarded Wife alimony in futuro and ordered
Wife to pay child support.  Husband appeals the type of alimony
awarded to Wife, the amount of the alimony award, and the amount of
Wife's child support obligation.  We affirm, as modified, and remand.

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

STATE OF TENNESSEE v. WILLIAM J. BURNS

Court:TCCA

Attorneys:    

Ed Miller, Public Defender, Dandridge, Tennessee, for the Appellant,
William J. Burns.

Paul G. Summers, Attorney General & Reporter; Thomas E. Williams, III,
Assistant Attorney General; Al C. Schmutzer, Jr., District Attorney
General; and Charles Atchley, Jr., Assistant District Attorney
General, for the Appellee, State of Tennessee.

Judge: WITT

First Paragraph:

William J. Burns appeals from his aggravated burglary and theft
convictions.  He was convicted at a jury trial in the Sevier County
Circuit Court, and he is presently serving an effective fifteen-year
sentence as a persistent offender for these crimes.  He claims in this
appeal that the evidence is insufficient to support his aggravated
burglary conviction and that the lower court erred in denying his
motion for a mistrial.  Because we disagree, we affirm.

http://www.tba.org/tba_files/TCCA/burnswilliamj.wpd

STATE OF TENNESSEE v. DOUGLAS A. MATHIS

Court:TCCA

Attorneys:

Stephen M. Wallace, District Public Defender; and Richard A. Tate,
Assistant District Public Defender, for the appellant, Douglas A.
Mathis.

Paul G. Summers, Attorney General and Reporter; Angele M. Gregory,
Assistant Attorney General; H. Greeley Wells, Jr., District Attorney
General; and J. Lewis Combs, Assistant District Attorney General, for
the appellee, State of Tennessee.                     

Judge: RILEY

First Paragraph:

A Sullivan County jury convicted the defendant of theft over $1,000
for stealing a car.  On appeal, he argues the evidence was
insufficient to support his conviction.  We affirm the judgment of the
trial court.

http://www.tba.org/tba_files/TCCA/mathisda.wpd

STATE OF TENNESSEE v. TIMOTHY S. OGLESBY

Court:TCCA

Attorneys:

Cynthia M. Fort, Nashville, Tennessee, for appellant, Timothy S.
Oglesby.

Paul G. Summers, Attorney General & Reporter; David H. Findley,
Assistant Attorney General; Mickey Layne, District Attorney General;
and Kenneth Shelton, Assistant District Attorney, for appellee, State
of Tennessee.

Judge: SMITH

First Paragraph:

The appellant, Timothy S. Oglesby, pled guilty to the offense of
felonious possession of a weapon.  He received a two (2)-year
sentence.  Contemporaneously with the entry of the guilty plea the
appellant and the State entered an agreed order purporting to reserve
a certified question of law for appeal pursuant to Tennessee Rule of
Criminal Procedure 37(b)(2)(i).  The certified question of law alleged
to be dispositive of the case is stated in the agreed order as "the
denial of his suppression motion."  We hold that the absence in the
judgment of the certified question of law or of a statement
incorporating the agreed order into the judgment compels a dismissal
of this appeal.  In addition, the failure of the agreed order to set
forth the certified question with sufficient specificity compels the
dismissal of this appeal even if the agreed order had been
incorporated by reference into the judgment.

http://www.tba.org/tba_files/TCCA/oglesbytim.wpd

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