Opinion Flash

September 25, 2002
Volume 8 — Number 168

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
05 New Opinion(s) from the Tennessee Court of Appeals
00 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


CERTAIN UNDERWRITER'S AT LLOYD'S OF LONDON Subscribing to Policy of
Insurance No. LTC982015 v. TRANSCARRIERS INC., et al.

Court:TCA

Attorneys:

Alisa W. Terry, Decatur, Georgia, for the appellant, Certain
Underwriter's at Lloyd's of London.

Joseph W. Barnwell, Jr., Memphis, Tennessee, for the appellee,
Transcarriers, Inc.

Tim W. Hellen, Memphis, Tennessee, for the appellee, Mitsui Marine &
Fire Insurance Company of America.                          

Judge: FARMER

First Paragraph:

This is an interlocutory appeal to determine when a cause of action
accrued so as to trigger a contractual limitations period contained in
a legal liability insurance policy issued to a motor carrier, where
the contract contained a settlement of loss provision and the insurer
never denied liability.  We hold the contractual statute of
limitations began to run upon the expiration of the settlement of loss
provision, when the insurer was no longer immune from suit.

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

RAY D. EDWARDS, SR., and wife, JEWELE C. EDWARDS, and JOHN F. GAZICK,
and wife, HELENE K. GAZICK v. HALLSDALE-POWELL UTILITY DISTRICT KNOX
COUNTY, TENNESSEE

Court:TCA

Attorneys: 

J. Myers Morton and George W. Morton, Jr., Knoxville, Tennessee, for
Appellants.

Samuel C. Doak and Dan D. Rhea, Knoxville, Tennessee, for Appellee.                         

Judge: FRANKS
 
First Paragraph:

This is an appeal from the grant of partial summary judgment for
defendant that plaintiff could not maintain an action for inverse
condemnation.  On appeal, we vacate the grant of summary judgment.

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

IN RE:  THE ESTATE OF JOHN H. NAIFEH

Court:TCA

Attorneys:

Randall Stamps, Hendersonville, For Appellant, Niccole Naifeh

J. Houston Gordon, Covington, For Appellee, Estate of John H. Naifeh

James S. Wilder, III, Memphis, For Cathy L. Naifeh                          

Judge: CRAWFORD

First Paragraph:

This appeal arises from an order denying a surviving spouse's Petition
to Set Aside Exempt Property and Year's Support.  The Chancery/Probate
Court of Tipton Count denied surviving spouse's petition, finding that
petition was filed outside the time limits established by T.C.A. S
30-2- 102(g) and T.C.A. S 31-4-102.  Spouse appeals.  We affirm.

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

OFF ROAD PERFORMANCE/GO RHINO 
v. 
JOHN WALLS d/b/a JOHN WALLS FOUR WHEEL DRIVE

Court:TCA

Attorneys:     

Terry D. Smart, Memphis, Tennessee, for the appellant John Walls D/B/A
John Walls Four Wheel Drive.

William A. Cohn, Cordova, Tennessee, for the appellee, Off Road
Performance/Go Rhino.

Judge: LILLARD

First Paragraph:

This is a breach of contract case.  The parties had an oral contract
for the sale of goods.  The plaintiff seller asserted that the parties
orally agreed on a price of $23,000; the defendant buyer paid $10,000
in advance of shipment.  The buyer maintained that his $10,000 payment
was the entire agreed sale price.  The trial court found that the sale
price was $23,000. The defendant appeals, arguing that Tennessee's
statute of frauds prohibited enforcement of the contract beyond the
price admitted by the defendant.  We affirm, finding that, once the
defendant admitted the existence of an oral contract, the trial court
could determine the contract's terms based on witness testimony and
other relevant evidence.

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

MARY WEST VARNER v. JASON MATTHEW VARNER

Court:TCA

Attorneys: 

Brian M. House, Ringgold, Georgia, for Appellant, Jason Matthew
Varner.

David H. Lawrence, Chattanooga, Tennessee, for Appellee, Mary West
Varner.                         

Judge: FRANKS

First Paragraph:

In divorce case the Trial Court divided marital property and debts,
awarded alimony and designated debts to be paid by husband as alimony.
 On appeal, we affirm in part and reverse in part.

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

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