Opinion Flash

May 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.

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
04 New Opinion(s) from the Tennessee Court of Appeals
01 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


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

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