Opinion Flash
February 11, 2003
Volume 9 — Number 024
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 |
| 01 |
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 |
| 02 |
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
JOYCE MULLINS v. CROTTY CORP., et al.
(Makes correction on page three of opinion released 01/31/03)
Court:TSC - Workers Comp Panel
Attorneys:
Kirk L. Clements, Nashville, Tennessee, for the appellants, Crotty
Corp. and Employee Benefit Insurance Company
Edwin Sadler and James D. Madewell, Cookeville, Tennessee, for the
appellee, Joyce Mullins
Judge: LOSER
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. In this
appeal, the employer questions the trial court's findings as to
causation, permanency, extent of vocational disability and mileage
reimbursement. As discussed below, the panel has concluded the
evidence fails to preponderate against the findings of the trial
court.
http://www.tba.org/tba_files/TSC_WCP/mullinsjcorrex.wpd
IN THE MATTER OF: A.W. AND J.W., CHILDREN UNDER
EIGHTEEN (18) YEARS OF AGE
Court:TCA
Attorneys:
Debra L. Dishmon, Lebanon, Tennessee, for the appellant, T.W.
Paul G. Summers, Attorney General and Reporter; Elizabeth C. Driver,
Assistant Attorney General, for the appellee, Tennessee Department of
Children's Services.
Judge: CANTRELL
First Paragraph:
The Juvenile Court of Wilson County terminated the parental rights of
both parents to two young daughters. The mother appeals, asserting
that the court erred in finding: (1) that the Department of Children's
Services made reasonable efforts to reunite the family, (2) that she
failed to substantially comply with the goals in the permanency plans,
(3) that she failed to remedy the conditions that prevented the
children's return to her, and (4) that the best interests of the
children required the termination of her parental rights. We affirm
the judgment of the juvenile court.
http://www.tba.org/tba_files/TCA/awjw.wpd
WANDA F. CHERRY, et al. v. FIRST STATE BANK
Court:TCA
Attorneys:
C. Mark Troutman, LaFollette, Tennessee, for the Appellant First State
Bank.
Rob Quillin, Knoxville, Tennessee, for the Appellees Wanda F. Cherry
and Daniel R. Greene.
Judge: SWINEY
First Paragraph:
Wanda F. Cherry and Daniel R. Greene ("Plaintiffs") are the owners of
property located on the parkway in Pigeon Forge. Wayne Burroughs
("Burroughs") owned property adjacent to the Plaintiffs' property, but
Burroughs' property did not adjoin the parkway. Burroughs leased
Plaintiff's property and used their property and his property to
operate a business. During this time, Burroughs borrowed money from
First State Bank ("Defendant"). Burroughs' leasehold interest in
Plaintiffs' property was part of the collateral for this loan. After
Burroughs filed for bankruptcy, his leasehold interest in Plaintiffs'
property was sold at auction. Defendant was the highest bidder at the
auction. Defendant paid rent for a period of time, but then stopped
paying rent. Plaintiffs sued for past due rent. The Trial Court
granted summary judgment to Plaintiffs and awarded damages totaling
$127,968.60. Defendant appeals the grant of summary judgment to
Plaintiffs. We affirm.
http://www.tba.org/tba_files/TCA/cherryw.wpd
IN THE MATTER OF: THE CONSERVATORSHIP OF ELLEN P. GROVES
Court:TCA
Attorneys:
Landon W. Meadow and Bruce A. Kennedy, Clarksville, Tennessee, for the
appellant, Glendon P. Groves.
Thomas R. Meeks, Clarksville, Tennessee, for the appellees, Ellen P.
Groves and Cheryl Phillips Travis.
Judge: KOCH
First Paragraph:
This appeal involves the conservatorship of an elderly widow. Both
the widow's brother-in-law and a niece filed petitions in the Chancery
Court for Montgomery County requesting to be appointed her
conservator. Following a bench trial, the trial court determined that
the widow was "competent" and, therefore, dismissed both
conservatorship petitions. The trial court also disapproved the
brother-in-law's accounting of his expenditures on the widow's behalf
and directed the brother-in- law and his wife to return the widow's
real and personal property to her. On this appeal, the widow's
brother-in-law asserts that the trial court erred (1) by refusing to
appoint him conservator, (2) by refusing to approve reimbursing him
for his expenses in caring for his sister-in-law, and (3) by directing
him to return his sister-in-law's real and personal property. We have
determined that the evidence preponderates against the trial court's
conclusions that the widow is not disabled and that she does not need
a conservator. However, we have also determined that the trial court
properly declined to reimburse the widow's brother-in-law for his
expenses in caring for her and properly ordered him to return her real
and personal property.
http://www.tba.org/tba_files/TCA/grovesep.wpd
JENNY L. PARROTT v. JOHN B. ABRAHAM
Court:TCA
Attorneys:
Thomas R. Meeks and Gregory D. Smith, Clarksville, Tennessee, and
Robert J. Turner, Nashville, Tennessee, for the appellant, John B.
Abraham.
Mark R. Olson, Clarksville, Tennessee, for the appellee, Jenny L.
Parrott.
Judge: CAIN
First Paragraph:
Appellant/Father appeals dismissal of his petition seeking to be named
residential custodian of his minor child. The trial court found that
Tennessee was not the "home" state of the child under Tennessee Code
Annotated section 36-6-216 and dismissed the case for lack of subject
matter jurisdiction. We reverse.
http://www.tba.org/tba_files/TCA/parrott.wpd
DONALD G. BROOKS v. STATE OF TENNESSEE
Court:TCCA
Attorneys:
Robert T. Bateman, Clarksville, Tennessee, for the appellant, Donald
G. Brooks.
Paul G. Summers, Attorney General and Reporter; Renee W. Turner,
Assistant Attorney General; John Wesley Carney, Jr., District Attorney
General; and Arthur Bieber, Assistant District Attorney General, for
the appellee, State of Tennessee.
Judge: WOODALL
First Paragraph:
Petitioner, Donald G. Brooks, filed a petition for post-conviction
relief from his convictions for first degree felony murder, especially
aggravated robbery, theft of property over $1,000 and setting fire to
personal property. In his petition, Petitioner alleged that he
received ineffective assistance of counsel at trial and on appeal.
Following an evidentiary hearing, the post-conviction court concluded
that Petitioner's appellate counsel had rendered ineffective
assistance when he failed to request a transcript of Petitioner's
sentencing hearing on appeal. The post-conviction court found that
all of the other grounds presented by Petitioner for post-conviction
relief were without merit. After a careful review, we affirm in part
and reverse in part the judgment of the post-conviction court.
http://www.tba.org/tba_files/TCCA/brooksdg.wpd
JEFFREY M. ENGLISH v. STATE OF TENNESSEE
Court:TCCA
Attorneys:
Stacey M. Brackeen, Franklin, Tennessee, for the appellant, Jeffrey M.
English.
Paul G. Summers, Attorney General and Reporter; Thomas E. Williams,
III, Assistant Attorney General; Ronald L. Davis, District Attorney
General; and Mary K. Harvey, Assistant District Attorney General, for
the appellee, State of Tennessee.
Judge: WOODALL
First Paragraph:
Petitioner, Jeffrey M. English, was charged with three counts of
aggravated robbery and one count of aggravated assault. He entered
open pleas of guilt to the three counts of aggravated robbery, and the
State nolled the aggravated assault count. A sentencing hearing was
conducted, and Petitioner received a sixteen year sentence for each of
the three counts of aggravated robbery. Petitioner also received an
eight year sentence for a probation violation, which Petitioner
conceded. The trial court ordered all four sentences to be served
consecutively, resulting in a total effective sentence of fifty- six
years. Petitioner's sentence was affirmed by this court on direct
appeal. State v. Jeffrey English, 2000 Tenn. Crim. App. LEXIS 911,
No. M1999-02495-CCA-R3-CD (Tenn. Crim. App. at Nashville, November 22,
2000) perm. to appeal denied April 9, 2001. Petitioner filed a pro se
petition for post-conviction relief, in which he alleged that he
received the ineffective assistance of counsel. Petitioner was
appointed new counsel, and he subsequently filed an amended petition.
An evidentiary hearing was conducted, and the trial court denied the
petition. We affirm the judgment of the post-conviction court.
http://www.tba.org/tba_files/TCCA/englishj.wpd
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