Opinion Flash
April 29, 2003
Volume 9 — Number 077
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):
| 02 |
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 |
| 06 |
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
STATE OF TENNESSEE v. DARRYL LEE ELKINS
Court:TSC
Attorneys:
Mark H. Toohey, Kingsport, Tennessee, for the appellant, Darryl Lee
Elkins.
Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; Angele M. Gregory, Assistant Attorney General; H.
Greeley Wells, Jr., District Attorney General; James F. Goodwin,
Assistant District Attorney General; and Mary Katharine Harvey,
Assistant District Attorney General, for the appellee, the State of
Tennessee.
Judge: BARKER
First Paragraph:
The defendant, Darryl Lee Elkins, was tried and convicted of child
rape and attempted child rape in the Criminal Court for Sullivan
County. The Court of Criminal Appeals unanimously affirmed his child
rape conviction and affirmed by majority his attempted child rape
conviction. We granted this appeal to determine whether the evidence
was sufficient to support both convictions. After examining the facts
and the law relevant to the issues, we hold that the evidence was
sufficient to support the defendant's convictions. We also hold that
with respect to the defendant's attempted child rape conviction, the
jury could properly infer from evidence of the subsequent child rape
that the defendant intended to commit child rape in the first attack
on the victim, and the defendant's actions in the first attack
constituted a substantial step toward the completion of the offense of
child rape.
http://www.tba.org/tba_files/TSC/elkinsdl_opn.wpd
STATE OF TENNESSEE v. DARRYL LEE ELKINS
Court:TSC
HOLDER CONCURRING
http://www.tba.org/tba_files/TSC/elkinsdl_con.wpd
STATE OF TENNESSEE v. DARRYL LEE ELKINS
Court:TSC
BIRCH CONCURRING AND DISSENTING
http://www.tba.org/tba_files/TSC/elkinsdl_dis.wpd
SUSAN GREEN v. LEON MOORE, ET AL.
Court:TSC
Attorneys:
Pamela M. McCord, for the appellant, Susan Green.
Eugene N. Bulso, Jr. and Barbara Hawley Smith, for the appellees, Leon
Moore, ShoLodge, Inc., and ShoLodge Franchise Systems, Inc.
Judge: BARKER
First Paragraph:
The sole issue in this appeal is whether the thirty (30)-day notice of
appeal period, articulated in Tennessee Rule of Appellate Procedure
4(a) ("Rule 4(a)"), began to run when the appellees filed a notice of
voluntary dismissal of the final claim between all parties in this
action, or when the trial court entered an order confirming that all
claims between all parties in this action had been adjudicated. The
Court of Appeals held that the thirty-day period commenced on the date
the appellees filed the notice of voluntary dismissal and concluded
that the appellant's notice of appeal was untimely filed. We granted
permission to appeal and hold that the thirty-day notice of appeal
period commenced on the date that the trial court entered an order
confirming that all claims between all the parties had been
adjudicated. Accordingly, the judgment of the Court of Appeals is
reversed, and this case is remanded to the intermediate court for
consideration of the merits of the appeal.
http://www.tba.org/tba_files/TSC/greensu.wpd
PATRICK BEAUDREAU, et al. v. GENERAL MOTORS ACCEPTANCE CORPORATION
Court:TCA
Attorneys:
Gordon Ball, Knoxville, Tennessee, for the Appellant, Patrick
Beaudreau.
Stephen G. Anderson and Andrew L. Colocotronis, Knoxville, Tennessee,
for the Appellee, General Motors Acceptance Corporation.
Judge: SWINEY
First Paragraph:
Patrick Beaudreau ("Plaintiff") purchased a new car from Thomas-Hill
Auto Center ("Dealer"). In order to finance the purchase of the
vehicle, Plaintiff signed a retail installment sales contract
("Contract") at an annual percentage rate ("APR") of 13.5%. The
Contract listed Dealer as the creditor. General Motors Acceptance
Corporation ("GMAC") purchased the Contract from Dealer at a rate of
11.25% ("buy rate"). GMAC paid Dealer the difference between the APR
and the buy rate ("dealer reserve"). Plaintiff sued GMAC claiming
GMAC had conspired with Dealer to defraud him by not revealing the
dealer reserve and the buy rate, or what Plaintiff claims is the "real
interest rate." GMAC filed a motion for summary judgment. The Trial
Court found the business practices of GMAC detailed in the record are
not unlawful or fraudulent and granted summary judgment. Plaintiff
appeals, asserting that the Trial Court erred in its treatment of
Plaintiff's expert's affidavit and in granting summary judgment. We
vacate the grant of summary judgment and remand.
http://www.tba.org/tba_files/TCA/beaudreaup.wpd
CHILHOWEE TRAILER SALES, INC. v. INTERNATIONAL CHRISTIAN CHURCH, et al.
Court:TCA
Attorneys:
F.D. Gibson, Maryville, Tennessee, for the appellants, International
Christian Church, Charles Clendell Walker and Delores Walker.
William A. Reeves, Knoxville, Tennessee, for the appellee, Chilhowee
Trailer Sales, Inc.
Judge: SUSANO
First Paragraph:
This is a suit to collect deficiencies on six retail installment
contracts. These deficiencies resulted following the repossession and
sale of six motor homes, part of the collateral for the obligations
represented by the contracts. The motor homes had been originally
sold - ostensibly to an entity identified as International Christian
Church ("the church") - by Chilhowee Trailer Sales, Inc ("the
plaintiff"). The trial court held that Charles Clendell Walker and
his wife, Delores Walker ("the Walkers"), entered into a civil
conspiracy with the church and others to defraud the plaintiff in
connection with the sale of the motor homes - title to all of which
had been placed in the name of the church. The plaintiff was awarded
a judgment, including prejudgment interest, of $620,189.43, against
the Walkers and the church, jointly and severally. The Walkers and
the church appeal, arguing that (1) the trial court erred in finding
that they had been involved in a civil conspiracy; (2) the court erred
in finding that Robert Charles Coburn, Sr., another defendant, acted
as their agent so as to bind them to the retail installment contracts;
and (3) the award is speculative and amounts to a windfall. We
affirm.
http://www.tba.org/tba_files/TCA/chilhowee.wpd
in re: CRYSTAL MICHELLE MOATS
Court:TCA
Attorneys:
R. D. Hash, Maryville, Tennessee, for the appellant, Teresa E.
Headrick.
H. Allen Bray, Maryville, Tennessee, for the appellee, Randy L.
Garner.
Judge: SUSANO
First Paragraph:
This is a paternity case. Following DNA testing, the parties agreed
that Randy L. Garner ("Father") is the biological father of Crystal
Michelle Moats (DOB: August 13, 1985) ("the child"). The issues
remaining before the trial court were "current support, past due
support, and medical payments." Following a bench trial, the court
addressed these issues. As pertinent to this appeal, the trial court
awarded Mother $1,000 as support for the child from her date of birth
to the date of filing of the paternity petition, i.e., September 18,
2000. Mother appeals, contending that the trial court erred in
setting the amount of retroactive support for the period prior to the
filing of the petition. We vacate the trial court's award of $1,000
and remand for further proceedings.
http://www.tba.org/tba_files/TCA/headrickte.wpd
DWIGHT HUNT ex rel. JAMES W. DOTSON, et al. v. CARTER COUNTY, et al.
Court:TCA
Attorneys:
John S. Taylor, Johnson City, Tennessee, for the appellants, Dwight
Hunt, Individually and for the use and benefit of James W. Dotson and
Ted Ervin.
Mark S. Dugger, Elizabethton, Tennessee, for the appellee, Carter
County.
John Banks, Elizabethton, Tennessee, for the appellee, Robert
Franklin.
Judge: SUSANO
First Paragraph:
In this action to set aside a tax sale, the trial court dismissed the
plaintiff's complaint, finding that he did not have standing or
capacity to bring the action on behalf of the real parties in
interest. We affirm.
http://www.tba.org/tba_files/TCA/huntd_opn.wpd
DWIGHT HUNT ex rel. JAMES W. DOTSON, et al. v. CARTER COUNTY, et al.
Court:TCA
SWINEY CONCURRING AND DISSENTING
http://www.tba.org/tba_files/TCA/huntd_dis.wpd
NANNIE SNEED v. THE ESTATE OF MARIE BRIGHT WITHERSPOON, DECEASED,
JAMES MORTON, SENIOR, et al.
Court:TCA
Attorneys:
Brian O. Bowhan, Nashville, TN, for Appellant
Josh A. McCreary, Murfreesboro, TN, for Appellee
Judge: HIGHERS
First Paragraph:
This appeal involves a claim filed against an estate for personal
services rendered to a decedent. The lower court granted the estate's
motion to dismiss, finding that the claim was time barred, the
claimant had received compensation for her services, and there was no
evidence of "fraud, tort, deceit, or concealment." The parties raise
multiple issues on appeal. For the following reasons, we affirm.
http://www.tba.org/tba_files/TCA/sneednannie.wpd
IN RE: ESTATE OF JAMES H. WILLIAMS
Court:TCA
Attorneys:
Dana McLendon, Ernest Wilson Williams, Franklin, Tennessee, for the
appellant, Jennie Williams Perdue, Executrix.
Eva C. Madison, Peter T. Dirksen, Stephen A. Cobb, Nashville,
Tennessee, for the appellee, Kathryn L. H. Williams.
David A. Thornton, Memphis, Tennessee, for the appellee, Hartford Life
and Annuity Ins. Co.
Christopher E. Thorsen, George H. Nolan, Nashville, Tennessee, for the
appellee, Lincoln National Life Insurance.
Gregory M. Leitner, Nashville, Tennessee, for the intervenor, Guardian
Life Insurance.
Judge: COTTRELL
First Paragraph:
This case began as four separate cases which were consolidated. All
four cases arose from the divorce of James Hollister Williams and
Kathyrn L. H. Williams, his untimely death, and the probate and
distribution of assets in his sizeable estate. The trial court upheld
the validity of the divorce by denying Ms. Williams relief under Tenn.
R. Civ. P. 60.02, awarded several annuities to Ms. Williams based on
her status as the named beneficiary, ordered her to pay the estate
taxes resulting from those annuities, and approved part of a claim
filed by Ms. Williams against the Estate, but denied part. We affirm
the decisions of the trial court upholding the validity of the divorce
and awarding the annuities to Ms. Williams, but vacate the order
granting the Estate a judgment against Ms. Williams for the estate
taxes on the annuities. We also affirm in part and reverse in part
the decision of the trial court with respect to the claim against the
Estate, and hold that the entire claim should have been denied.
http://www.tba.org/tba_files/TCA/williamsjest.wpd
STATE OF TENNESSEE v. JOSHUA ALAN STEAKLEY
Court:TCCA
Attorneys:
Chadwick G. Hunt, Savannah, Tennessee, for the appellant, Joshua Alan
Steakley.
Paul G. Summers, Attorney General and Reporter; Thomas E. Williams,
III, Assistant Attorney General; G. Robert Radford, District Attorney
General; and John W. Overton, Jr., Assistant District Attorney
General, for the appellee, State of Tennessee.
Judge: GLENN
First Paragraph:
The defendant was convicted of burglary, a Class D felony, after a
jury trial and was sentenced to two years, six months, with all but
fifteen days suspended, and the balance to be served on supervised
probation. The defendant was also ordered to pay $353.95 in
restitution to North Elementary School. On appeal, he argues that the
evidence was insufficient to support his conviction and that the trial
court erred in denying full probation and ordering that he serve
fifteen days in confinement. Following our review, we affirm the
judgment of the trial court.
http://www.tba.org/tba_files/TCCA/steakleyjoshua.wpd
STATE OF TENNESSEE v. MAURICE WHITLOCK
Court:TCCA
Attorneys:
Ardena J. Garth, District Public Defender, and Donna Robinson Miller,
Assistant District Public Defender (on appeal); and Myrlene Marsa,
Assistant District Public Defender (at trial), Chattanooga, Tennessee,
for the appellant, Maurice Whitlock.
Paul G. Summers, Attorney General and Reporter; Thomas E. Williams,
III, Assistant Attorney General; William H. Cox, III, District
Attorney General; and Christopher D. Poole, Assistant District
Attorney General, for the appellee, State of Tennessee.
Judge: WEDEMEYER
First Paragraph:
Pursuant to a plea agreement, the Defendant pled guilty to aggravated
assault, a Class C felony and received a three-year sentence with the
manner of service to be determined by the trial court. Following a
sentencing hearing, the trial court ordered that the Defendant serve
his three-year sentence in the Tennessee Department of Correction.
The Defendant now appeals, arguing that the trial court erred by
failing to grant the Defendant probation or alternative sentencing.
Finding no error, we affirm the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/whitlockm.wpd
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