Opinion Flash

July 14, 2003
Volume 9 — Number 124

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
04 New Opinion(s) from the Tennessee Court of Appeals
00 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


JOE R. CRAFT v. FORKLIFT SYSTEMS, INC.

Court:TCA

Attorneys:

Douglas E. Jones, Nashville, Tennessee, for the appellant, Forklift
Systems, Inc.

Lance B. Mayes, Nashville, Tennessee, for the appellee, Joe R. Craft.

Judge: CAIN

First Paragraph:

This is an appeal from a judgment for Plaintiff in a breach of
contract action.  The trial court awarded judgment on equitable
principles, without any findings as to whether or not the contract had
been breached by Defendant.  The judgment is reversed.

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

SHERMAN ALEXANDER HENDERSON v. CHARLES M. TRAUGHBER, LARRY HASSELL,
AND THE TENNESSEE BOARD OF PROBATION AND PAROLE

Court:TCA

Attorneys: 

Sherman Alexander Henderson, Henning, Tennessee, pro se.

Paul G. Summers, Attorney General and Reporter, Michael E. Moore
Solicitor General, and John H. Sinclair, Assistant Attorney General,
Nashville, Tennessee, for Appellees.

Judge: FRANKS

First Paragraph:

Plaintiff denied parole by the Board of Probation and Parole filed
appeal with Chancery Court which was denied.  On appeal, we affirm.

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

AMY B. SMITH v. MADELEINE FOWLER

Court:TCA

Attorneys: 

J. Ross Pepper, Nashville, Tennessee, for the appellant, Madeleine
Fowler.

Stephen K. Heard and Mary B. Langford, Nashville, Tennessee, for the
appellee, Amy B. Smith.                         

Judge: CAIN

First Paragraph:

Appellant, the defendant in fault, challenges the lower court's
refusal to set aside default judgment.  Appellant failed to file her
answer timely in the trial court.  Neither in the original Motion for
Default nor in the response to the Motion to Set Aside did Plaintiff
aver any prejudice to her other than delay.  We reverse the default
judgment and remand the case to the trial court.

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

JAMES DARRELL SMITH v. PATRICIA A. CALDWELL and GREGORY A. CALDWELL,
and ERIC PARKER

Court:TCA

Attorneys: 

Eric Parker, Clarksville, Tennessee, pro se.

Albert P. Marks and Roger A. Maness, Clarksville, Tennessee, for
Appellee.

Judge: FRANKS

First Paragraph:

In this action to enforce foreign judgment, defendant attempted to
appeal the actions of the Trial Court.  We dismiss the appeal.

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

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