Opinion Flash

September 30, 2003
Volume 9 — Number 177

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
02 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
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

TBA members can get the full-text versions of these opinions three ways detailed below. All methods require a TBA username and password. If you have forgotten your password, you can look it up on-line at http://www.tba.org/getpassword.mgi . If you are a TBA member, but do not have a username and password, you can receive one online at http://www.tba.org/signup.mgi. Here's how you can obtain full-text version.
Click the URL at end of each Opinion paragraph below. This option will allow you to download the original document.

Do a key word search in the Search Link area of TBALink. This option will allow you to view and save a plain-text version of the opinion.

Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion.

Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink


MICHAEL G. BINKLEY, et al. v. RODNEY TREVOR MEDLING, et al.

Court:TSC

Attorneys:

Troy Lee Brooks, Mount Juliet, Tennessee, for the appellant, Rodney
Trevor Medling.

Michael G. Binkley and wife, Martha Binkley; Robert A. Jones, Sr. and
wife, Mary Evelyn Jones; and Charles H. Cathey and wife, E. Jane
Cathey, appellees, pro se.                       

Judge: DROWOTA

First Paragraph:

The issue in this appeal is whether the defendant's motion to alter or
amend filed thirty-three days after entry of judgment was timely under
Tennessee Rule of Civil Procedure 58 and therefore sufficient to toll
commencement of the thirty-day period for filing a notice of appeal. 
The Court of Appeals dismissed the defendant's appeal as untimely.  We
agree with the intermediate court's conclusion that the defendant has
failed to carry his burden of proving that the motion to alter or
amend was timely filed.  We therefore affirm the judgment of the Court
of Appeals, dismissing the appeal.

http://www.tba.org/tba_files/TSC/binkleymg.wpd

STATE OF TENNESSEE v. GERALD E. SAYLOR

Court:TSC

Attorneys:

Clifton Corker, Johnson City, Tennessee, for the appellant, Gerald E.
Saylor.

Paul G. Summer, Attorney General and Reporter; Michael E. Moore,
Solicitor General; Braden H. Boucek, Assistant Attorney General; Joe
C. Crumley, Jr., District Attorney General; and Victor J. Vaughn,
Assistant District Attorney General, for the appellee, State of
Tennessee.                         

Judge: ANDERSON

First Paragraph:

We granted review to determine (1) whether the trial court erred by
refusing to suppress the defendant's confession on the ground that he
did not invoke his right to counsel; (2) whether the trial court erred
by excluding the testimony of a witness as to an uncommunicated threat
made by the victim; and (3) whether the trial court erred by denying a
mistrial based on the admission of statements regarding the
defendant's parole status.  We conclude that the trial court properly
refused to suppress the defendant's confession; that the trial court
committed harmless error when it excluded proof of an uncommunicated
threat; and that the trial court properly exercised its discretion by
not declaring a mistrial.

http://www.tba.org/tba_files/TSC/saylorge_opn.wpd

STATE OF TENNESSEE v. GERALD E. SAYLOR

Court:TSC

BIRCH CONCURRING AND DISSENTING

http://www.tba.org/tba_files/TSC/saylorge_dis.wpd

MAHLE, INC. V. TERRY LEE REESE

Court:TSC - Workers Comp Panel

Attorneys:

J. Eric Harrison, Morristown, Tennessee, for the Appellant, Terry Lee
Reese.

Joseph J. Doherty, Wimberly, Lawson, Seale, Wright & Daves, PLLC,
Morristown, Tennessee, for the Appellee, MAHLE, Inc.

Judge: PEOPLES

First Paragraph:

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 issues are the amount of the award and
whether the trial court erroneously applied the doctrine of
intervening cause.  We affirm.

http://www.tba.org/tba_files/TSC_WCP/mahle.wpd

DIANA  J. NEESE  v. SHONEY'S INC.

Court:TSC - Workers Comp Panel

Attorneys:

Mark A. Baugh, Nashville, Tennessee, for the appellant, Shoney's Inc.

Kelly R. Williams, Livingston, Tennessee, for the appellee, Diana J.
Neese.                      

Judge: WEATHERFORD

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tennessee Code Annotated S 50-6-225(e)(3) for hearing and
reporting to the Supreme Court of findings of fact and conclusions of
law.  In this case, the trial court found that the employee had
sustained a 75% vocational disability to each extremity for bilateral
carpal tunnel syndrome caused by her work activity.  The employer
argues that this award is excessive and preponderates against the
evidence.  For the reasons set out in this opinion, we affirm the
judgment of the trial court.

http://www.tba.org/tba_files/TSC_WCP/neesediana.wpd

JAMES CORBIN v. TOM LANGE COMPANY, INC.

Court:TCA

Attorneys:

Frank J. Scanlon, Nashville, Tennessee, for appellant, Tom Lange
Company, Inc.

Kevin H. Sharp and Brad A. Lampley, Nashville, Tennessee, for
appellee, James Corbin.                       

Judge: KIRBY

First Paragraph:

This case involves a noncompetition agreement.  An employee signed a
noncompete agreement when he began working for an employer.  The
employee resigned and began working for a competitor of the employer. 
The employee sought a declaratory judgment that the noncompete
agreement was unenforceable.  Approximately eighteen months into the
two-year noncompetition period, the trial court issued a ruling that
the agreement was not enforceable.  The employer appeals.  We affirm,
finding that neither the training provided to the employee nor the
employee's relationship with the employer's customers created a
business interest that warranted the protection of a noncompetition
agreement.

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

JODELL L. DUNKIN v. DAVID H. DUNKIN

Court:TCA

Attorneys:   

P. Edward Schell, Franklin, Tennessee, for the appellant, Jodell L.
Dunkin.

Clark Lee Shaw, Nashville, Tennessee, for the appellee, David H.
Dunkin.                       

Judge: SUSANO

First Paragraph:

This is a post-divorce dispute concerning the custody of Kaylea Jodell
Dunkin ("the child") (DOB: July 1, 1994), the child of these
litigants.  The non-custodial parent, David H. Dunkin ("Father"),
filed a petition seeking to enjoin the child's mother, Jodell L.
Dunkin ("Mother"), from relocating with the child to Montana. 
Following a hearing, the trial court found that there was no
reasonable purpose for the proposed move and that the relocation would
not be in the best interest of the child.  The trial court then denied
Mother's request to relocate.  We affirm.

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

BEVERLY GAYLE WILSON v. THOMAS RANDALL WILSON

Court:TCA

Attorneys:

Bobby James Ellis, Gainesboro, Tennessee, for the appellant, Thomas
Randall Wilson.

John Philip Parsons, Cookeville, Tennessee, for the appellee, Beverly
Gail Wilson.                     

Judge: FARMER

First Paragraph:

This appeal arises from an order of the trial court distributing 25%
of the increase in value of the husband's business to the wife as
marital property.  We affirm.

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

PLEASE FORWARD THIS E-MAIL!
Feel free to forward this Opinion Flash on to anyone you know of with an e-mail address.

GET A FULL-TEXT COPY OF AN OPINION!
See the intrsuctions at the beginning of this edition of Opinion Flash.

JOIN THE TENNESSEE BAR ASSOCIATION!
While Opinion Flash is a free service of the Tennessee Bar Association, you must be a member of the Tennessee Bar Association in order to access the full text of the opinions or enjoy the many other features of TBALink.

To join the TBA go to: http://www.tba.org/join_bar.mgi

SUBSCRIBE TO OPINION FLASH!
Would you like to receive the TBALink Opinion Flash free each day by e-mail? Anyone, whether a TBA member or not, is welcome to subscribe ... it's free! Sign up for text or HTML version.

Visit the TBALink web site at: http://www.tba.org/op-flash.mgi

UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT!

But if you must, visit the TBALink web site at: http://www.tba.org/op-flash.mgi


HomeContact UsPageFinderWhat's NewHelp
© Copyright 2003 Tennessee Bar Association