February 19, 2003
Volume 9 Number 029
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):
||New Opinion(s) from the Tennessee Supreme Court
||New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
||New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
||New Opinion(s) from the Tennessee Court of Appeals
||New Opinion(s) from the Tennessee Court of Criminal Appeals
||New Opinion(s) from the Tennessee Attorney General (PDF format)
||New Judicial Ethics Opinion(s)
||New Formal Ethics Opinion(s) from the Board of Professional Responsibility
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Howard H. Vogel
DALE PRATT V. AVERITT EXPRESS, INC.
Court:TSC - Workers Comp Panel
Andrew R. Tillman, LLP, Paine, Tarwater, Bickers and Tillman,
Knoxville, Tennessee, for the Appellant, Averitt Express, Inc.
Richard Baker, Baker, Gulley & Oldham, P.A., Knoxville, Tennessee, for
the Appellee, Dale Pratt.
This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann.
S 50-6-225(e) for hearing and reporting of findings of fact and
conclusions of law. The employer appeals the trial court's refusal to
cap the employee's award at two and one-half times the employee's
medical impairment as provided by Tenn. Code Ann. S 50-6-241(a)(1).
We modify the judgment of the trial court.
FRANK M. FLY v. SIMPLE PLEASURES, INC., et al.
Frank M. Fly and Aaron S. Guin, Murfreesboro, Tennessee, for the
appellant, Frank M. Fly.
E. Evan Cope, Murfreesboro, Tennessee, for the appellees, Simple
Pleasures, Inc., Tina Woodruf and Gary Viane.
Landlord appeals an Order granting summary judgment to Tenant on the
effect of a holdover tenancy after the expiration of the term of the
lease. We affirm the judgment of the trial court.
STATE OF TENNESSEE, et rel. KATHY E. JONES v. TIMOTHY R. SPIVEY
Paul G. Summers, Attorney General & Reporter and Stuart F.
Wilson-Patton, Senior Counsel, Nashville, Tennessee, for the
appellant, State of Tennessee, ex rel. Kathy E. Jones.
Timothy Spivey, Doyle, Tennessee, Pro Se.
This appeal concerns an action by the state seeking enforcement of
certain support orders in the juvenile court pursuant to Title IV-D of
the Social Security Act, 42 U.S.C. SS 651 et seq. The State of
Tennessee, ex rel. Kathy E. Jones sought an order from the Warren
County Juvenile Court requiring the payment of $7,195 in child support
and finding Timothy Spivey in contempt of said court for the failure
to pay the child support arrearage. From the order of the trial court
forgiving all but $864.85 of the child support arrearage and refusing
to find Spivey in contempt, the state appeals.
NANCY BARNARD MARTIN v. CHARLES HOWARD MARTIN
Charles Howard Martin, Pro Se
John H. Fowler, Sevierville, Tennessee, for the Appellee, Nancy
Charles Howard Martin appeals a judgment of the Trial Court which
awarded Nancy Barnard Martin a divorce and certain other relief. We
CINDERELLA FERRELL OSBORNE v. MOUNTAIN LIFE INSURANCE COMPANY
Douglas P. Jenkins, Rogersville, for Appellant, Cinderella Ferrell
Lewis S. Howard and Delicia R. Bryant, Knoxville, for Appellee,
Mountain Life Insurance Company
This appeal raises a question of coverage under a policy of credit
life insurance. The Plaintiff, Cinderella Ferrell Osborne, brought
this action against Mountain Life Insurance Company ("Mountain Life"),
alleging that it wrongfully denied her claim under a credit life
insurance policy on the life of her deceased husband, Kenneth Scott
Osborne. The Trial Court granted Mountain Life's motion for summary
judgment, finding that Mr. Osborne died within six months after the
effective date of coverage, from a disease for which he received
medical treatment within six months of the effective date of the
insurance. The Court held that these facts triggered a limitation of
liability provision in the policy, which limited Ms. Osborne's
recovery to the premium paid. We reverse the judgment of the Trial
CITY OF PIGEON FORGE v. WILLIAM LOVEDAY, et ux, MARILYN LOVEDAY, and
HOME FEDERAL BANK OF TENNESSEE, and INVESTORS TRUST COMPANY, TRUSTEE
Edward H. Hamilton, Sevierville, Tennessee, for Appellants.
James L. Gass, Sevierville, Tennessee, for Appellee.
Landowner seeks a new trial in eminent domain case on grounds that the
Trial Court admitted in evidence the price paid for the land 19 years
earlier. We reverse the Trial Court's Judgment.
STATE OF TENNESSEE v. MARY JEAN MAYRAND
Howard L. Upchurch, Pikeville, Tennessee, for the Appellant, Mary Jean
Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney,
Assistant Attorney General; James Michael Taylor, District Attorney
General; and Will Dunn, Assistant District Attorney General, for the
Appellee, State of Tennessee.
A Rhea County jury convicted the Defendant of first offense DUI, and
the trial court sentenced her to forty-eight hours' confinement. In
this direct appeal, the Defendant argues (1) that insufficient
evidence was presented to support her conviction; (2) that the trial
court erred by denying her challenge to one of the jurors during voir
dire; (3) that the trial court erred by denying her pre-trial motion
to dismiss the indictments; (4) that the trial court erred by allowing
the arresting officer to testify as to the contents of an alcoholic
beverage; and (5) that her constitutional rights were violated when
the State failed to provide her with a "legible" copy of a videotape
taken of her at jail following her arrest. We conclude that
sufficient evidence was presented to support the Defendant's
conviction and that the trial court erred by allowing the arresting
officer to testify as to the contents of an alcoholic beverage, but
that the error was harmless. We further conclude that the Defendant
has waived all other issues on appeal. We therefore affirm the
judgment of the trial court.
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