Opinion FlashSeptember 30, 2003Volume 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):
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. Howard H. Vogel 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! GET A FULL-TEXT COPY OF AN OPINION! JOIN THE TENNESSEE BAR ASSOCIATION! SUBSCRIBE TO OPINION FLASH! UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT! But if you must, visit the TBALink web site at: http://www.tba.org/op-flash.mgi Home • Contact Us • PageFinder • What's New • Help |
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