Opinion FlashJuly 25, 2002Volume 8 — Number 128 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 MICHAEL JOSEPH CASBY v. THERESA JEAN (CASBY) HAZLERIG Court:TCA Attorneys: Stuart B. Breakstone, Memphis, for Appellant William C. Cole, Millington, for Appellee Judge: HIGHERS First Paragraph: This appeal involves a custody and visitation dispute brought by divorced parents having joint custody of their two children. Following the submission of numerous filings by the parties, the court held a hearing to determine whether or not to alter the custody arrangement set out in the court's final decree. As a result of the hearing, the court issued an opinion and permanent parenting plan which altered the previous visitation agreement by naming the father primary custodial parent and granting the mother limited visitation rights. The court further ordered the mother to pay child support in accordance with the guidelines. The mother appealed and, for the following reasons, we affirm the decision of the trial court. http://www.tba.org/tba_files/TCA/casbymj.wpd DAVID E. CROCKETT v. RUTHERFORD COUNTY, TENNESSEE, et al. Court:TCA Attorneys: Joseph A. Woodruff, Charles H. Williamson, Nashville, Tennessee, for the appellant, David E. Crockett Stephen S. Duggins, Chattanooga, Tennessee, for the appellee, The Moody Bible Institute of Chicago; John T. Blankenship, Murfreesboro, Tennessee, for the appellees, Charles and Glenna R. Williams Judge: WHEATCRAFT First Paragraph: The Rutherford County Commission rezoned three (3) acres of Defendant Williams' property from "Residential R-20" to "Communications - 4899". The Chancery Court of Rutherford County found that the rezoning had "elements" of arbitrariness and capriciousness and amounted to spot zoning; nonetheless, the Court deferred to the Rutherford County Commission, upheld the zoning change, and dismissed the Plaintiff's lawsuit. The issues presented for appeal are whether the Chancellor erred as a matter of law by granting deference to the Rutherford County Commission on the zoning issue in spite of the Court's factual findings in favor of Plaintiff, and whether the Trial Court erred in finding that the zoning amendment did not violate the Establishment Clauses of the United States and Tennessee Constitutions. http://www.tba.org/tba_files/TCA/crockettdavid.wpd EAGLE VISION, INC. v. ODYSSEY MEDICAL, INC., et al. Court:TCA Attorneys: Robert E. Craddock, Jr.; John S. Wilson, III, Memphis, For Appellant, Eagle Vision, Inc. Randall D. Noel; Daniel W. Van Horn, Memphis, for Appellees, Odyssey Medical, Inc., and Gary Tatge Judge: CRAWFORD First Paragraph: This is an action for misappropriation of trade secrets in which the manufacturer of a surgical product allegedly misappropriated the product design and marketed a competing product after the developer discontinued its relationship with manufacturer. Trial court granted summary judgment in favor of manufacturer on all claims. We reverse and remand. http://www.tba.org/tba_files/TCA/eaglevision.wpd BHARAT B. GANDHI v. WILLIAM RUCKER Court:TCA Attorneys: Charles Galbreath, Nashville, Tennessee, for the appellant, William Rucker. William Timothy Hill, Nashville, Tennessee, for the appellee, Bharat B. Gandhi. Judge: CAIN First Paragraph: This is an appeal by Defendant from denial by the trial court of a Rule 60.02 motion to set aside a judgment on the basis of mistake, inadvertence, surprise, or excusable neglect. The trial court denied the motion, and on consideration of the record, we reverse the judgment and remand the case for a trial on the merits. http://www.tba.org/tba_files/TCA/gandhibharat.wpd BARTON HAWKINS v. TENNESSEE DEPARTMENT OF CORRECTION Court:TCA Attorneys: Barton Hawkins, Henning, Tennessee, Pro Se. Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; Stephanie R. Reevers, Associate Deputy Attorney General, for the appellee, Tennessee Department of Correction. Judge: COTTRELL First Paragraph: Petitioner, a state inmate, filed the underlying pro se petition for writ of certiorari to challenge the result of a prison disciplinary proceeding against him. The trial court dismissed the suit sua sponte for improper venue. Because the legislature has localized venue for actions brought by inmates to the county where the prison facility is located, we affirm the decision of the trial court, but remand for transfer to the appropriate trial court. http://www.tba.org/tba_files/TCA/hawkinsb.wpd RHEA COUNTY, TENNESSEE, et al. v. THE TOWN OF GRAYSVILLE, TENNESSEE Court:TCA Attorneys: Gary Neil Fritts, Dayton, Tennessee, for the Appellant, Rhea County, Tennessee Carol Barron, Dayton, Tennessee, for the Appellee, The Town of Graysville, Tennessee Ruth Ann Wilson, Intervening Petitioner, Pro Se Judge: GODDARD First Paragraph: In this appeal we are called upon to determine whether the Trial Court erred in its finding that the Appellee Town of Graysville's validly annexed certain territory within the boundaries of Appellant Rhea County. We affirm the judgment of the Trial Court. http://www.tba.org/tba_files/TCA/rheacountygray.wpd CHRISTOPHER SANDLIN v. UNIVERSITY MEDICAL CENTER Court:TCA Attorneys: William C. Moody, Nashville, Tennessee, for the appellant, University Medical Center. Richard L. Wommack, Nashville, Tennessee, for the appellee, Christopher Sandlin. Judge: ASH First Paragraph: This appeal arises from a medical malpractice suit in which Christopher Sandlin alleged the negligent delay in his medical treatment by Dr. Herbert Smith, Dr. Scott Giles and the University Medical Center resulted in residual facial deformity which could have been prevented. The jury found Dr. Smith was not guilty of negligence but found Dr. Giles guilty of negligence. The jury awarded Mr. Sandlin compensatory damages of $250,000 from UMC for the negligence of Dr. Giles. UMC appeals the qualification of the plaintiff's expert witnesses in accordance with the locality rule of T.C.A. S 29-26-115, the sufficiency of the evidence and the application of the appropriate statute of limitations. For the reasons below, we reverse the lower court's decision. http://www.tba.org/tba_files/TCA/sandlinchris.wpd DONALD A. TANGWALL v. PATRICK STAPLETON, CRAIG M. REED, DARCY REED, MARK PLOE, LINDA PLOE and MICHAEL JABLONSKI Court:TCA Attorneys: Donald A. Tangwall, pro se, Maryville, Tennessee, Appellant. R. Franklin Norton, and R. David Benner, Knoxville, Tennessee, for Appellee, Patrick Stapleton. Linda J. Hamilton Mowles, Knoxville, for Appellees, Craig M. Reed and Darcy Reed. Ronald Attannasio, Knoxville, for Appellees, Mark Ploe and Lynn Ploe. Judge: FRANKS First Paragraph: Plaintiff filed a Petition in bankruptcy and subsequently filed suit in Circuit Court, claiming damages against defendants. The Trial Court dismissed plaintiff's action. On appeal, we affirm. http://www.tba.org/tba_files/TCA/tangwalld.wpd MARY TREW, d/b/a TREW'S WRECKER SERVICE v. DAVID B. HAGGARD, SHERIFF Court:TCA Attorneys: Gerald Largen, Kingston, Tennessee, for the Appellant, Mary Trew, d/b/a Trew's Wrecker Service. Tom McFarland, Kingston, Tennessee, for the Appellees, David B. Haggard, Sheriff, and Roane County, Tennessee. Judge: SWINEY First Paragraph: Trew's Wrecker Service and the Roane County Sheriff's Department entered into an oral contract regarding towing and storage services for vehicles seized by the Sheriff's Department in drug interdiction and DUI enforcement matters. The parties dispute many of the terms of the oral contract, including how much Trew's Wrecker Service was to be paid for towing and storage and when the Sheriff's Department was required to hold a sale of the seized vehicles in order to clear the wrecker service lot. Mary Trew, d/b/a Trew's Wrecker Service ("Plaintiff"), sued the Roane County Sheriff's Department and Sheriff David B. Haggard ("Defendants") for "breach of contract, and benefits conferred." The Trial Court awarded damages based upon a $45 per vehicle towing and storage charge for 83 vehicles. Plaintiff appeals. We affirm. http://www.tba.org/tba_files/TCA/trewm.wpd VIVIAN E. WARNER, ADMINISTRATRIX C.T.A. ESTATE OF MAUDE FRAZIER v. DEWEY FRAZIER , et al. Court:TCA Attorneys: C. Douglas Fields, Crossville, Tennessee, for the Appellants, Arlene Scudder; Patricia Flynn, Dorothy Owen, Nannie Mae Rice and Sylvia Cooke Joe M. Looney, Crossville, Tennessee, for the Appellee, Mary Lou Underwood. No briefs were filed by the other Appellees Judge: GODDARD First Paragraph: In this appeal Vivian E. Warner, Administratrix, cum testamento annexo, seeks a declaration by the Court as to the proper construction of two clauses in Maude Frazier's will. We affirm. http://www.tba.org/tba_files/TCA/warnervivian_opn.wpd VIVIAN E. WARNER, ADMINISTRATRIX C.T.A. ESTATE OF MAUDE FRAZIER v. DEWEY FRAZIER , et al. Court:TCA SUSANO DISSENTING http://www.tba.org/tba_files/TCA/warnervivian_dis.wpd STATE OF TENNESSEE v. MICHAEL SCOTT BROGAN Court:TCCA Attorneys: Wesley D. Stone (on appeal) and Ben Pressnell (at trial), Tazewell, Tennessee, and Michael Hatmaker, Jacksboro, Tennessee (at trial), for the appellant, Michael Scott Brogan. Paul G. Summers, Attorney General & Reporter; David H. Findley, Assistant Attorney General; William Paul Phillips, District Attorney General; and Jared Effler, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The defendant, Michael Scott Brogan, entered pleas of guilt to second degree murder and attempted second degree murder. The trial court imposed concurrent sentences of 20 years and 8 years, respectively. In this appeal of right, the defendant asserts that his sentence for second degree murder is excessive. Because the trial court misapplied several enhancement factors, the sentence for second degree murder is modified to 18 years. Otherwise, the judgments are affirmed. http://www.tba.org/tba_files/TCCA/broganmichaels.wpd STATE OF TENNESSEE v. TRICIA ANN LANDRY Court:TCCA Attorneys: Steve McEwen, Mountain City, Tennessee (on appeal), and Mack Garner, District Public Defender (at trial and on appeal), for the appellant, Tricia Ann Landry. Paul G. Summers, Attorney General & Reporter; Christine M. Lapps, Assistant Attorney General; and Tammy M. Harrington, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The defendant, Tricia Ann Landry, was convicted of theft over $500.00 and theft over $1,000.00. The trial court imposed concurrent Range I sentences of two years and three years, respectively. Later, the defendant was determined to have violated her probation. The trial court ordered service of the sentence in the Department of Correction. In this appeal of right, the defendant argues that the trial court should have granted an alternative sentence. The judgment is affirmed. http://www.tba.org/tba_files/TCCA/landryta.wpd PLEASE FORWARD THIS E-MAIL! 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