Opinion FlashMay 31, 2002
Volume 8 Number 96
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.
TBA members can get the full-text versions of these opinions three ways detailed below. All methods require a TBA username and password. If you have forgotten your password, you can look it up on-line at http://www.tba.org/getpassword.mgi . If you are a TBA member, but do not have a username and password, you can receive one online at http://www.tba.org/signup.mgi. Here's how you can obtain full-text version.
Howard H. Vogel
DIANNA BOARMAN v. GEORGE JAYNES Court:TCA Attorneys: K. Erickson Herrin, Johnson City, for the appellant, George Jaynes. Arthur M. Fowler, Johnson City, for the appellee, Dianna Boarman. Judge: SUSANO First Paragraph: Dianna Boarman, Clerk and Master of the Chancery Court for Washington County, brought this lawsuit pursuant to T.C.A. S 8-20-101, et seq. (1993 & Supp. 2001), seeking salary increases for her three chief deputy clerks. Defendant George Jaynes, the Washington County Executive ("the County Executive"), answered, denying that salary increases were necessary to enable Boarman to properly and efficiently conduct the affairs and transactions of her office. The County Executive also filed a counterclaim, seeking the elimination of a deputy clerk position in Boarman's office. The trial court decreed salary increases for Boarman's three chief deputy clerks and denied the County Executive's counterclaim. We affirm the trial court's denial of the County Executive's counterclaim; but reverse the trial court's judgment increasing the salaries of Boarman's three chief deputy clerks. http://www.tba.org/tba_files/TCA/boarmand.wpd
MAGDALENE A. MILLER, et al. v. MT. LAUREL CHALETS, INC., et al. Court:TCA Attorneys: W. I. Howell Acuff, Cookeville, Tennessee, for the appellants, Magdalene A. Miller and Robert Miller. James W. Harrison, Morristown, Tennessee, for the appellee, Mt. Laurel Chalets, Inc. Linda J. Hamilton Mowles, Knoxville, Tennessee, for the appellee, Bob Light. Judge: SUSANO First Paragraph: Magdalene A. Miller fell down a flight of stairs at a rental chalet in Gatlinburg. She and her husband, Robert Miller, sued Bob Light, the owner of the chalet, and Mt. Laurel Chalets, Inc., the rental agent for the chalet. Both defendants filed a motion for summary judgment. Both motions were granted. We affirm. http://www.tba.org/tba_files/TCA/millerma.wpd
CORRECTION: IN RE: THE ESTATE OF J. CRAWFORD MURPHY Court:TCA Attorneys: John T. McArthur, and Martha S. L. Black, Maryville, Tennessee, for the Appellant, Matthew Thompson Edward H. Hamilton, Sevierville, Tennessee, for the Appellee, Robert A. Murphy, Executor of the Estate of J. Crawford Murphy Judge: GODDARD First Paragraph: In this case the Probate Court held that the personal representative of the Estate of Mae Thompson Murphy did not have authority to dissent from the will of her husband, J. Crawford Murphy, and thereby take an elective share of his Estate. We find that T.C.A. 31-4-105 gives the personal representative this right and reverse the judgment of the Trial Court. http://www.tba.org/tba_files/TCA/murphyjcra.wpd
STATE OF TENNESSEE, et al. v. FLORENCE E. HARRELL Court:TCA Attorneys: Paul G. Summers and Stuart F. Wilson-Patton, Nashville, Tennessee, for the Appellant, State of Tennessee ex rel Thomas J. Harrell Byron Douglas Bryant, Knoxville, Tennessee, for the Appellee, Florence E. Harrell Judge: GODDARD First Paragraph: In this appeal from the Chancery Court for Union County the Petitioner/Appellant, the State of Tennessee ex rel. Thomas J. Harrell, contends that the Chancery Court erred in denying the State a judgment against the Respondent/Appellee, Florence E. Harrell, for retroactive child support and for reimbursement of AFDC benefits paid by the State on behalf of Mr. Harrell and his and Ms. Harrell's two minor children. We affirm the judgment of the Chancery Court. http://www.tba.org/tba_files/TCA/stateharrell.wpd
STATE OF TENNESSEE v. DONALD RAY HICKEY Court:TCCA Attorneys: Paul G. Summers, Attorney General and Reporter; Thomas E. Williams, III, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Philip H. Morton, Assistant District Attorney General, for the Appellant, State of Tennessee. Mark Stephens, Public Defender, Knoxville, Tennessee (on appeal); and Randall J. Kilby, Assistant Public Defender, Knoxville, Tennessee (on appeal and at trial), for the Appellee, Donald Ray Hickey. Judge: WEDEMEYER First Paragraph: The Knox County Grand Jury indicted the Defendant for driving under the influence, fifth offense, driving on a revoked license, driving on a suspended license, driving on a cancelled license, and driving without a license. Claiming that the arresting officer stopped him illegally, the Defendant moved to suppress any evidence resulting from the stop. The trial court granted the motion, and the State appealed. We conclude that the trial court committed no error in its determination that the arresting officer lacked reasonable suspicion supported by specific and articulable facts to justify an investigatory stop of the Defendant's automobile. We further conclude that a "seizure" within the meaning of the Fourth Amendment to the United States Constitution and article I, S 7 of the Tennessee Constitution occurred when a police officer stopped her patrol car directly behind the Defendant's van and activated the blue lights and siren on her patrol car, but the Defendant drove away and did not submit to the officer's authority. Thus, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/hickeydr.wpd
PLEASE FORWARD THIS E-MAIL!
GET A FULL-TEXT COPY OF AN OPINION!
JOIN THE TENNESSEE BAR ASSOCIATION!
SUBSCRIBE TO OPINION FLASH!
UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT!
But if you must, visit the TBALink web site at: http://www.tba.org/op-flash.mgi
© Copyright 2002 Tennessee Bar Association