Opinion Flash
June 4, 2003
Volume 9 — Number 101
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 |
| 06 |
New Opinion(s) from the Tennessee Court of Appeals |
| 06 |
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
ALFRED T. DUNCAN, ROSA L. DUNCAN, and JERRY WAYNE BELL v. YVONNE
ELIZABETH QUALLS, JERRY BARBER and wife, MARGIE BARBER, and H. TOM
KITTRELL, SR.
Court:TCA
Attorneys:
Bobby A. McGee, Linden, Tennessee, for appellants, Jerry Barber and
wife, Margie Barber.
Douglas Thompson Bates, III, Centerville, Tennessee, for appellee,
Yvonne Elizabeth Qualls.
Wm. Landis Turner, Hohenwald, Tennessee, for appellees, Alfred T.
Duncan, Rosa L. Duncan, and Jerry Wayne Bell.
Judge: LILLARD
First Paragraph:
This is a boundary line dispute. The plaintiffs filed suit against
the defendants to establish common boundary lines and to recover for
timber cut from their land. One of the defendants counterclaimed for
damages to his land. The trial court found that the defendants'
proposed boundary line was the correct boundary line, but granted the
plaintiffs a perpetual easement over the defendants' land. The trial
court declined to award the plaintiffs compensation for the cut
timber. On appeal, one of the defendants argues that the trial court
erred in denying a motion to produce findings of facts, erred in
granting a perpetual easement across the defendants' land, and erred
in failing to grant the defendants damages. The plaintiffs assert
that the trial court erred in failing to award them damages and
discretionary costs. We reverse the award of a perpetual easement
since the record does not indicate that such relief was sought, and
affirm the remainder of the trial court's decision.
http://www.tba.org/tba_files/TCA/duncanat.wpd
FRANKLIN IRON & METAL RECYCLING, INC. v. WORLEY ENTERPRISES, INC., et
al.
Court:TCA
Attorneys:
J. Britt Phillips, Franklin, Tennessee, for the appellants, Worley
Enterprises, Inc. and Johnny Worley.
J. Nick Shelton, Franklin, Tennessee, for the appellee, Franklin Iron
& Metal Recycling, Inc.
Judge: CAIN
First Paragraph:
Defendants appeal the action of the trial court denying a Tennessee
Rule of Civil Procedure 59.04 motion seeking to set aside a previous
grant of summary judgment. We have determined that the trial court
did not abuse its discretion in denying the motion and therefore
affirm the judgment.
http://www.tba.org/tba_files/TCA/frankliniron.wpd
BOBBY G. HELTON, et al. v. JAMES EARL CURETON, et al.
Court:TCA
Attorneys:
Fletcher L. Ervin, Newport, Tennessee, for the Appellants Bobby G.
Helton and Linda Helton.
Terry E. Hurst, Newport, Tennessee, for the Appellees James Earl
Cureton and Cynthia Diane Cureton.
Judge: SWINEY
First Paragraph:
Bobby G. Helton and Linda Helton ("Plaintiffs") sold land and a house
to James Earl Cureton and Cynthia Diane Cureton ("Defendants") for
$47,000. The parties signed a Contract for Sale of Land ("Contract").
The Contract required monthly payments to be made over a twenty-one
year period and was made subject to Plaintiffs' existing mortgage on
the property with Merchants and Planters Bank. The Contract also
required Defendants to obtain fire insurance, even though Plaintiffs
maintained fire insurance on the property as required by their
existing mortgage. Defendants did not have fire insurance when the
house later was destroyed by fire. Plaintiffs' insurance company paid
a total of $41,970, of which $12,664.73 was paid directly to Merchants
and Planters Bank in satisfaction of Plaintiffs' mortgage. Plaintiffs
sued for the remaining balance owed on the Contract after Defendants
stopped making the monthly payments. The Trial Court held that
Defendants were entitled to a credit against the purchase price for
the insurance proceeds of $41,970, and entered judgment accordingly.
Plaintiffs appeal, claiming Defendants were not entitled to a credit
for the $12,664.73 paid in satisfaction of their mortgage. We affirm.
http://www.tba.org/tba_files/TCA/heltonbg.wpd
JACK T. JONES, et al. v. MELVIN JOHNSON
Court:TCA
Attorneys:
J. Todd Faulkner, Nashville, Tennessee, for the appellant Melvin
Johnson.
Jeanan Mills Stuart, Nashville, Tennessee, for the appellees, Jack T.
Jones and Joann Jones.
Judge: CANTRELL
First Paragraph:
This suit arose from the deliberate destruction of a walnut tree on
the plaintiffs' property. The trial court awarded the plaintiffs
$5,500 in damages. The defendant argues on appeal that the court used
the wrong measure to calculate damages, and that the judgment should
not have exceeded $1,000. We affirm the trial court.
http://www.tba.org/tba_files/TCA/jonesjt1.wpd
OLD REPUBLIC SURETY COMPANY v. MORRIS ESHAGHPOUR
Court:TCA
Attorneys:
Todd E. Panther, Nashville, Tennessee, for the appellant, Morris
Eshaghpour.
Melissa Kurtz Blackburn, Nashville, Tennessee, for the appellee, Old
Republic Surety Company.
Judge: KOCH
First Paragraph:
A building contractor agreed to make certain repairs to a residence
and procured a performance bond as required by the Metro Government.
To obtain the bond the contractor was required to execute an indemnity
agreement favorably to the bonding company. The homeowner complained
of the quality of the contractor's workmanship, and the Codes
Department of the Metro. Government determined that certain remedial
action should be taken by the contractor in order to achieve
compliance with the building code. The contractor declined to do so,
insisting that the problems complained of were caused by the
homeowner; whereupon, the bonding company engaged another contractor
to make the repairs, and filed this action against the initial
contractor for indemnification. The Circuit Court ruled in favor of
the bonding company. We affirm.
http://www.tba.org/tba_files/TCA/oldrepublic1.wpd
DAVID W. VAUGHN v. DAIMLER CHRYSLER CORPORATION, et al.
Court:TCA
Attorneys:
Lon V. Boyd, Kingsport, Tennessee, for the Appellant, David W. Vaughn
G. David Hatfield, Knoxville, Tennessee, for the Appellees, Daimler
Chrysler Corporation and Grindstaff, Inc.
Judge: GODDARD
First Paragraph:
David W. Vaughn sues Daimler Chrysler Corporation and Grindstaff,
Inc., seeking damages in connection with his October 1994 purchase of
a 1994 Chrysler LHS automobile which was manufactured by Chrysler and
sold to him by Grindstaff. The complaint alleges violations of T.C.A.
Title 55, Chapter 24, commonly known as the "Lemon Law." The Trial
Court sustained a motion for summary judgment filed by the Defendants,
resulting in this appeal, wherein Mr. Vaughn contends there are
disputed material facts rendering summary judgment inappropriate. We
affirm.
http://www.tba.org/tba_files/TCA/vaughn.wpd
STATE OF TENNESSEE v. ROBIN A. CONNER
Court:TCCA
Attorneys:
Steve McEwen, Mountain City, Tennessee (on appeal); Raymond Mack
Garner, District Public Defender; and Stacey D. Nordquist, Assistant
District Public Defender (on appeal and at hearing), for the
appellant, Robin A. Conner.
Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe,
Assistant Attorney General; Michael L. Flynn, District Attorney
General; and John Anderson Bobo, Jr., Assistant District Attorney
General, for the appellee, State of Tennessee.
Judge: RILEY
First Paragraph:
The defendant, Robin A. Conner, pled guilty to robbery, and the Blount
County trial court sentenced her to three years' incarceration as a
Range I standard offender. The defendant appeals the trial court's
denial of alternative sentencing. Upon review of the record and the
applicable law, we reverse the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/connerr1.wpd
STATE OF TENNESSEE v. DEBRA FOSTER
Court:TCCA
Attorneys:
Doug Vance, Jr., Bristol, Tennessee, for the appellant, Debra Foster.
Paul G. Summers, Attorney General and Reporter; Braden H. Boucek,
Assistant Attorney General; H. Greeley Wells, Jr., District Attorney
General; and J. Lewis Combs, Assistant Attorney General, for the
appellee, State of Tennessee.
Judge: MCGEE OGLE
First Paragraph:
The appellant, Debra Foster, pled guilty to seven counts of attempt to
obtain possession of a controlled substance by fraud, Class D
felonies. She received an effective sentence of eight years as a
Range II, multiple offender. The trial court denied alternative
sentencing and the appellant timely appealed. Upon review of the
record and the parties' briefs, we affirm the judgment of the trial
court.
http://www.tba.org/tba_files/TCCA/fosterd.wpd
STATE OF TENNESSEE v. JAMIE H. JONES
Court:TCCA
Attorneys:
Michael A. Colavecchio (on appeal) and Paul T. Housch (at trial),
Nashville, Tennessee, for the appellant, Jamie H. Jones.
Paul G. Summers, Attorney General and Reporter; Mark A. Fulks,
Assistant Attorney General; Victor S. (Torry) Johnson, III, District
Attorney General; and Brian K. Holmgren and Kristen K. Shea, Assistant
District Attorneys General, for the appellee, State of Tennessee.
Judge: MCGEE OGLE
First Paragraph:
The appellant, Jamie H. Jones, was convicted by a jury in the Davidson
County Criminal Court of five counts of forgery and received a total
effective sentence of eight years incarceration in the Tennessee
Department of Correction. On appeal, the appellant raises several
issues for our review, including the sufficiency of the evidence, the
correctness of the trial court's rulings, the propriety of the
sentences imposed, and the denial of the appellant's motion for new
trial. Upon review of the record and the parties' briefs, we affirm
the judgments of the trial court.
http://www.tba.org/tba_files/TCCA/jonesjh.wpd
STATE OF TENNESSEE v. DEXTER LEE SPENCE
Court:TCCA
Attorneys:
Edward C. Miller, District Public Defender, for the appellant, Dexter
Lee Spence.
Paul G. Summers, Attorney General & Reporter; John H. Bledsoe,
Assistant Attorney General; and Steven R. Hawkins, Assistant District
Attorney General, for the appellee, State of Tennessee.
Judge: WADE
First Paragraph:
The defendant, Dexter Lee Spence, entered a guilty plea to second
degree murder. The trial court imposed a twenty-five-year sentence.
In this appeal of right, the defendant argues that the sentence was
excessive. The judgment of the trial court is affirmed.
http://www.tba.org/tba_files/TCCA/spenced.wpd
STATE OF TENNESSEE v. THURMAN L. WHITSEY AND CHARLIE MAE WHITSEY
Court:TCCA
ORDER ON PETITION TO REHEAR
http://www.tba.org/tba_files/TCCA/whitseycharliemaerehear.wpd
STATE OF TENNESSEE v. THURMAN L. WHITSEY AND CHARLIE MAE WHITSEY
Court:TCCA
AMENDED JUDGMENT
http://www.tba.org/tba_files/TCCA/whitseythurman_amnjud.wpd
NORA FAYE YOUNG v. STATE OF TENNESSEE
Court:TCCA
Attorneys:
William B. Hawkins, III, Nashville, Tennessee, for the appellant, Nora
Faye Young.
Paul G. Summers, Attorney General and Reporter; Helena Walton
Yarbrough, Assistant Attorney General; Victor S. (Torry) Johnson, III,
District Attorney General; and Roger D. Moore, Assistant District
Attorney General, for the appellee, State of Tennessee.
Judge: WILLIAMS
First Paragraph:
The petitioner appeals after being denied post-conviction relief. She
originally pled guilty to three counts of facilitation of first degree
murder and received a forty-five-year sentence. She alleges that her
guilty plea was not knowingly, voluntarily, or intelligently entered.
She further alleges that her trial counsel knew that her co-defendant
made exonerating statements, and she would not have pled guilty if she
had known of her co-defendant's exonerating statements. After careful
review, we conclude that the evidence does not preponderate against
the post-conviction court's findings. We affirm the judgment of the
post-conviction court.
http://www.tba.org/tba_files/TCCA/youngnf.wpd
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