Opinion Flash

August 6, 2002
Volume 8 — Number 136

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
03 New Opinion(s) from the Tennessee Court of Appeals
01 New Opinion(s) from the Tennessee Court of Criminal Appeals
02 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


JANET BOLTON, et al. v. STATE OF TENNESSEE

Court:TCA

Attorneys:

Paul G. Summers, Michael E. Moore and Laura T. Kidwell, Nashville,
Tennessee, for the Appellant, State of Tennessee.

Joe E. Guess and Samuel A. Guess, Knoxville, Tennessee, for the
Appellees, Janet Bolton and Jack Bolton.

Judge: SWINEY

First Paragraph:

Janet Bolton and Jack Bolton ("Plaintiffs") sued the State of
Tennessee ("State"), alleging the State was liable for injuries Janet
Bolton received in a motor vehicle accident which occurred on a State
highway in Loudon County.  The State filed a Motion for Summary
Judgment, arguing it was entitled to judgment as a matter of law under
the defense of discretionary function immunity.  The Tennessee Claims
Commission denied the motion.  The State appeals.  We affirm, in part,
and reverse, in part, and remand.

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

FLYNT ENGINEERING COMPANY v. WILLIAM COX 

Court:TCA

Attorneys:

Jerry H. McCarter, Gatlinburg, Tennessee, for the Appellant, William
Cox

Adrienne L. Anderson, Knoxville, Tennessee, for the Appellee, Flynt
Engineering Company                       

Judge: GODDARD

First Paragraph:

This is a suit by Flynt Engineering Company against William Cox,
seeking to recover the value of services rendered to Mr. Cox under the
terms of a written contract.  The Trial Judge granted a summary
judgment in favor of Flynt Engineering in the amount of $115,753.15. 
We affirm.

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

APRIL GRANT INGLE v.  ROBERT WAYNE INGLE

Court:TCA

Attorneys:

Arnold A. Stulce, Jr., Chattanooga, for the appellant, April Grant
Ingle.

Richard A. Schulman and Brenda R. Grant, Chattanooga, for the
appellee, Robert Wayne Ingle.

Judge: SUSANO

First Paragraph:

This is a post-divorce case.  The parties were divorced in 1998.  On
September 21, 2000, April Grant Ingle ("Mother") filed a petition to
modify the parties' divorce judgment.  She alleged that Robert Wayne
Ingle ("Father") had been unemployed at the time of the divorce, and,
consequently, was not ordered to pay child support.  She further
alleged that he had subsequently become employed and that he should
now be ordered to pay child support computed pursuant to the Tennessee
Child Support Guidelines ("the Guidelines").  Mother also sought to
modify Father's visitation as set forth in the divorce judgment. 
After comparing the parties' respective incomes, the trial court
ordered Father to pay child support of $177 per month.  Mother
appeals.  We vacate the trial court's child support award and the
effective date of that award.  The remainder of the trial court's
order is affirmed.  This case is remanded to the trial court for such
additional proceedings as may be necessary and for the entry of an
order consistent with this opinion.

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

STATE OF TENNESSEE v. JAMES ANTHONY CLINE

Court:TCCA

Attorneys:

Steve McEwen, Mountain City, Tennessee (on appeal), and Mack Garner,
Maryville, Tennessee, for the appellant, James Anthony Cline.

Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger,
Assistant Attorney General; Mike Flynn, District Attorney General; and
Edward P. Bailey, Jr., Assistant District Attorney General, for the
appellee, State of Tennessee.                     

Judge: MCGEE OGLE

First Paragraph:

The appellant, James Anthony Cline, pled guilty to one count of theft
of property and received a probationary sentence.  Prior to the entry
of the judgment of conviction, the appellant committed another theft
offense.  Additionally, during the appellant's probationary sentence,
the appellant was convicted of several other offenses, including four
forgery offenses.  As a result of the appellant's continued criminal
conduct, the trial court revoked the appellant's probation.  On
appeal, the appellant raises the following issues for our review: (1)
whether the trial court abused its discretion in finding that the
appellant violated the conditions of his probation; and (2) whether
the trial court erred in denying alternative sentencing.  Upon a
review of the record and the parties' briefs, we affirm the judgments
of the trial court and remand for correction of the judgments on the
four forgery offenses.

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

Effect of Chapter 859 of the 2002 Public Acts on the Rate and
Distribution of the Business Tax

Date: August 2, 2002

Opinion Number: 02-084                         

http://www.tba.org/tba_files/AG/2002/OP84.pdf

Use of School Building and School Property By Private Entities

Date: August 5, 2002

Opinion Number: 02-085                         

http://www.tba.org/tba_files/AG/2002/OP85.pdf

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