Opinion Flash

April 22, 2003
Volume 9 — Number 072

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
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


21st MORTGAGE CORP. , formerly 21st CENTURY MORTGAGE CORP. 
v. CAPITOL HOMES, LLC, et al.

Court:TCA

Attorneys:     

Anthony R. Steele, Knoxville, Tennessee, for the Appellant 21st
Mortgage Corp., formerly 21st Century Mortgage Corp.

Gary L. Edwards, Johnson City, Tennessee, for the Appellee Capitol
Homes, LLC.                     

Judge: SWINEY

First Paragraph:

Ms. Stella Ford ("Ford") purchased a manufactured home from Capitol
Homes, LLC ("Capitol Homes") and contractually agreed to make monthly
payments.  At the same time, Capitol Homes assigned its rights under
the contract with Ford to 21st Mortgage Corp. ("Plaintiff") through an
Assignment by Seller ("Assignment").  Capitol Homes made twelve
express warranties in the Assignment.  The Assignment further provided
it would be with limited recourse for two months.  After the two
months expired, Plaintiff sued Capitol Homes and James Hurst
("Hurst")(collectively referred to as "Defendants").  Hurst had
personally guaranteed the debt of Capitol Homes.  Plaintiff alleged,
among other things, that Capitol Homes had breached several of the
express warranties.  Defendants filed a motion to dismiss claiming the
two month limited recourse provision also applied to any claim for
breach of express warranty.  The Trial Court agreed, and dismissed the
lawsuit.  Plaintiff appeals, and we reverse.

http://www.tba.org/tba_files/TCA/21stmortgage1.wpd

21st MORTGAGE CORP. , formerly 21st CENTURY MORTGAGE CORP. 
v. CAPITOL HOMES, LLC

Court:TCA

Attorneys:

Anthony R. Steele, Knoxville, Tennessee, for the Appellant 21st
Mortgage Corp., formerly 21st Century Mortgage Corp.

Gary L. Edwards, Johnson City, Tennessee, for the Appellee Capitol
Homes, LLC.                         

Judge: SWINEY

First Paragraph:

This appeal involves the identical issue presented to this Court for
resolution in a companion case styled 21st Mortgage Corp., formerly
21st Century Mortgage Corp. v. Capitol Homes, LLC., No.
E2002-02670-COA-R3-CV, in which our full Opinion is being filed
contemporaneously with this Opinion.  For the reasons set forth in our
Opinion in that companion case, the Judgment of the Trial Court is
reversed and this case is remanded.

http://www.tba.org/tba_files/TCA/21stmortgage2.wpd

THE OCEANICS SCHOOLS, INC. v. CLIFFORD E. BARBOUR, JR.

OPINION AND ORDER ON PETITION FOR REHEARING

http://www.tba.org/tba_files/TCA/oceanicsschools2.wpd

STATE OF TENNESSEE v. WENDELL CLARKE CHAMBERS

Court:TCCA

Attorneys:

Jerry C. Colley, Columbia, Tennessee, for the appellant, Wendell
Clarke Chambers.

Paul G. Summers, Attorney General and Reporter; Renee W. Turner,
Assistant Attorney General; Dan M. Alsobrooks, District Attorney
General; and Carey J. Thompson, Assistant District Attorney General,
for the appellee, State of Tennessee.

Judge: GLENN

First Paragraph:

Following a jury trial, the defendant was found guilty of first degree
premeditated murder and reckless homicide.  The reckless homicide
conviction was merged with the murder conviction and the defendant was
sentenced to life imprisonment.  The defendant appeals, arguing that
the evidence was insufficient to support his conviction and that the
trial court erred in overruling his motions for judgment of acquittal
and in allowing a videotape and photograph of the crime scene into
evidence.  Finding no error, we affirm the judgment of the trial
court.

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

STATE OF TENNESSEE v. DAVID WAYNE FOUNTAIN

Court:TCCA

Attorneys:

Larry G. Roddy, Sale Creek, Tennessee, for the Appellant, David Wayne
Fountain.

Paul G. Summers, Attorney General and Reporter; Angele M. Gregory,
Assistant Attorney General; James Michael Taylor, District Attorney
General; and James W. Pope, III, Assistant District Attorney General,
for the Appellee, State of Tennessee.

Judge: WITT

First Paragraph:

David Wayne Fountain, who pleaded guilty to Class E felony attempted
theft, appeals from the Rhea County Circuit Court's determination that
he serve a two-year, split-confinement sentence for his crime.  He
claims that he should have received a minimum, one-year probationary
sentence.  We disagree and affirm the lower court's sentencing
pronouncement.   However, we modify the sentence imposed to the extent
that it mandates day-for-day confinement.

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

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