Opinion FlashJuly 31, 2002
Volume 8 Number 132
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
HEATHER LYNN KEY v. AMERICAN INSURANCE COMPANY Corrected Version Court:TSC - Workers Comp Panel 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_WCP/keyheatherlynn.wpd
CITY OF COLLEGEDALE, TENNESSEE, et al. v. HAMILTON COUNTY WATER AND WASTEWATER TREATMENT AUTHORITY Court:TCA Attorneys: John R. Anderson and Harry R. Cash, Chattanooga, Tennessee, for the Appellant, Hamilton County Water and Wastewater Treatment Authority Sam D. Elliott, Chattanooga, Tennessee, for the Appellee, City of Collegedale, Tennessee Judge: GOODARD First Paragraph: This is a suit brought by the City of Collegedale, seeking a declaration that Hamilton County Wastewater and Wastewater Treatment Authority is required to arbitrate a dispute between them in connection with the City annexing certain property served by the Authority. The complaint also sought a declaration that in the event the City prevails the Authority would not be entitled to prosecute a suit to condemn and re-acquire the facilities in question. The Trial Judge found in favor of the City on both issues and the Authority appeals. We affirm in part and vacate in part. http://www.tba.org/tba_files/TCA/colleged.wpd
IN RE: ESTATE OF VIVIAN K. McSWAIN Court:TCA Attorneys: Thomas F. Bloom, Nashville, Tennessee, for the appellant, Robert L. Poe. Larry Edmondson and Phillip Kirk, Nashville, Tennessee, for the appellees, the beneficiaries of the Estate of Vivian K. McSwain. Judge: SUSANO First Paragraph: Robert L. Poe, in his capacity as the executor of the Estate of Vivian K. McSwain, filed a motion to set his fee and expenses. Following a bench trial on the executor's motion, the trial court awarded the executor $20,000. The executor appeals, arguing that the award is inadequate. We affirm. http://www.tba.org/tba_files/TCA/mcswainvk.wpd
CITY OF SEVIERVILLE v. BILL GREEN, et al. Court:TCA Attorneys: Linda J. Hamilton Mowles, Knoxville, Tennessee, for the Appellant, City of Sevierville Robert L. Ogle, Sevierville, Tennessee, for the Appellees, Bill Green, Claudine Green, Dallas Coffman, and Jean Coffman Judge: GOODARD First Paragraph: This appeal from the Sevier County Circuit Court questions whether the Trial Court erred in awarding landowners compensation for incidental damages to their property because the City of Sevierville changed the frontage access to their property from unlimited access to restricted access. We affirm the judgment of the Trial Court. http://www.tba.org/tba_files/TCA/sevierv.wpd
OMAWALI ASHANTI SHABAZZ, a/k/a FRED EDMOND DEAN v. GREELEY WELLS, et al. Court:TCA Attorneys: Omawali Ashanti Shabazz, a/k/a Fred Edmond Dean, Pro Se Paul G. Summers, Attorney General & Reporter, Michael E. Moore, Solicitor General, and Michael A. Meyer, Assistant Attorney General, Nashville, Tennessee, for the Appellees Judge: GODDARD First Paragraph: In this suit, wherein Omawali Ashanti Shabazz, a/k/a, Fred Edmond Dean, seeks to acquire certain materials held in the office of the District Attorney General. The Trial Court denied the relief he sought because, under Tenn.R.Crim. P. 16, he was not entitled to the material while a post- conviction proceeding was pending. We affirm. http://www.tba.org/tba_files/TCA/shabaz.wpd
STATE OF TENNESSEE v. PERRY RAY DAVIS Court:TCCA Attorneys: Jerry H. Summers, Chattanooga, Tennessee, for the appellant, Perry Ray Davis. Paul G. Summers, Attorney General & Reporter; Kathy D. Aslinger, Assistant Attorney General; and Thomas Kimball, Assistant District Attorney General, for the appellee, the State of Tennessee. Judge: WADE First Paragraph: The defendant, Perry Ray Davis, was convicted of driving under the influence, fourth offense, and driving on a revoked license. In this appeal as of right, the defendant challenges his DUI conviction and asserts (1) that the trial court impermissibly relied on facially invalid convictions to enhance his conviction to fourth offense DUI; (2) that because the Georgia DUI statute is not similar to the Tennessee statute, the trial court should not have used his prior DUI convictions from Georgia for enhancement purposes; (3) that the implied consent form used in this case was unconstitutional; and (4) that the 1995 amendment to the Post-Conviction Procedure Act, see Tenn. Code Ann. SS 40-30- 201 to-310, rendered invalid the ruling in State v. McClintock, 732 S.W.2d 268 (Tenn. 1987), which held that the proper procedure for collateral attack on a prior DUI conviction was through the Post- Conviction Procedure Act. The judgment of the trial court is affirmed http://www.tba.org/tba_files/TCCA/davispr.wpd
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