Opinion FlashNovember 13, 2003Volume 9 — Number 208 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 BEVERLY A. TAYLOR v. EBASCO CONSTRUCTORS, INC. Court:TSC - Workers Comp Panel Attorneys: Robert M. Shelor and Kristi D. McKinney, of Knoxville, for Appellant, Ebasco Constructors, Inc. Bruce D. Fox, of Clinton, Tennessee, for Appellee, Beverly A. Taylor. Judge: THAYER First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann.S 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The trial court found the employee was permanently and totally disabled as a result of her exposure to aluminum during the course of her employment. The employer contends the evidence is not sufficient to establish a compensable work injury. The judgment of the trial court is affirmed. http://www.tba.org/tba_files/TSC_WCP/taylorb.wpd IN RE: PROPOSED AMENDMENT TO SUPREME COURT RULE 13 ORDER Court:TSC - Rules First Paragraph: The Tennessee Bar Association, the Tennessee District Attorneys General Conference, the Tennessee District Public Defenders Conference, the Tennessee Post-Conviction Defender, and the Tennessee Association of Criminal Defense Lawyers (collectively "Movants") filed a joint motion on November 3, 2003, requesting that this Court (1) extend the November 14, 2003, deadline for filing comments on the proposed revisions to Tennessee Supreme Court Rule 13; (2) schedule oral argument on the proposed rule; and (3) instruct the Administrative Office of the Courts to cooperate with and assist Movants in their "exploration of the administrative and fiscal impact of the proposals and alternatives." http://www.tba.org/tba_files/TSC_Rules/rule13propamd.wpd HOLLINGSWORTH, INC. , a.k.a. LONG HEALTH ENTERPRISES, INC. v. RUTH E. JOHNSON, COMMISSIONER OF REVENUE, STATE OF TENNESSEE Court:TCA Attorneys: Paul G. Summers, Attorney General & Reporter, and Mary Bernadette Welch, Assistant Attorney General, Nashville, Tennessee, for the Appellant, Ruth E. Johnson, Commissioner of Revenue, State of Tennessee George H. Buxton and Harold P. Cousins, Jr., Oak Ridge, Tennessee, for the Appellee, Hollingsworth, Inc. a.k.a. Long Health Enterprises, Inc. Judge: GODDARD First Paragraph: This appeal questions the holding of the Trial Court regarding the right of a corporation to claim bad debt credits for sales tax remitted relative to health club membership contracts which were subsequently defaulted upon. We affirm in part and reverse and dismiss in part. http://www.tba.org/tba_files/TCA/hollingsw.wpd In re C.R.B. and A.L.B. Court:TCA Attorneys: Joe R. Johnson, II, Springfield, Tennessee, for the appellant, A.I.B. Paul G. Summers, Attorney General and Reporter, and Dianne Stamey Dycus, Deputy Attorney General, for the appellee, Tennessee Department of Children's Services. Judge: KOCH First Paragraph: This appeal involves the termination of the parental rights of the mother of two children under the age of six. The mother is a chronic substance abuser who voluntarily surrendered custody of her children to another family in 1999. The Tennessee Department of Children's Services removed the children from this family in 2000 and established a parenting plan designed to reunify the mother with her children. In September 2001, the Department filed a petition in the Juvenile Court for Robertson County seeking to terminate the parental rights of the mother and the fathers of the two children. Following a trial in October 2002, the juvenile court entered an order on December 30, 2002, terminating the parental rights of all parents. Only the mother has appealed. We have determined that the December 30, 2003 order does not comply with Tenn. Code Ann. S 36-1-113(k) (Supp. 2003) and, therefore, that the case must be remanded for the preparation of findings of fact and conclusions of law as required by In re D.L.B., ___ S.W.3d ___, ___ (Tenn. 2003). http://www.tba.org/tba_files/TCA/inrecrb.wpd STATE OF TENNESSEE, DEPARTMENT OF CHILDREN'S SERVICES v. MW, IN THE MATTER OF: IW, A CHILD UNDER 18 YEARS OF AGE Court:TCA Attorneys: J. Eric Harrison, Morristown, Tennessee, for Appellant. Paul G. Summers, Attorney General and Reporter, and Juan G. Villasenor, Assistant Attorney General, Nashville, Tennessee, for Appellee. Judge: FRANKS First Paragraph: The Trial Judge held the minor child was dependent and neglected and that the mother had committed severe child abuse against her child. Custody was awarded to DCS who was relieved of making reasonable efforts to reunify the mother and child. The mother appealed, insisting there is no evidence to support the Trial Court's findings. We affirm the Trial Court. http://www.tba.org/tba_files/TCA/mw.wpd PACHE INDUSTRIES, LLC v. WALLACE HARDWARE CO., INC.
Court:TCA
Attorneys:
Lori L. Jessee, Morristown, Tennessee, for the Appellant, Wallace
Hardware Co., Inc.
J. Randall Shelton, Morristown, Tennessee, for the Appellee, Pache
Industries, LLC.
Judge: SWINEY
First Paragraph:
Pache Industries, LLC ("Plaintiff") sued Wallace Hardware Co., Inc.
("Defendant") for unpaid invoices. Defendant was served with the
summons and complaint, but did not answer within thirty days.
Plaintiff filed a motion for default judgment. After being served
with the motion for default judgment, Defendant hired an attorney,
filed an answer to the complaint, and filed responses to discovery
requests. The Trial Court granted Plaintiff a default judgment.
Defendant filed a motion to set aside the default judgment. The Trial
Court denied the motion. Defendant appeals. We affirm.
http://www.tba.org/tba_files/TCA/pachei.wpd
RDM v. STATE OF TENNESSEE, DEPARTMENT OF CHILDREN'S SERVICES, IN THE MATTER OF: AGM, A Child Under Eighteen Years of Age Court:TCA Attorneys: Spence R. Bruner, Kingston, Tennessee, for Appellant. Paul G. Summers, Attorney General and Reporter, and Juan G. Villasenor, Assistant Attorney General, Nashville, Tennessee, for Appellee. Judge: FRANKS First Paragraph: The Trial Court terminated parents' parental rights. The father has appealed. We affirm the Trial Court. http://www.tba.org/tba_files/TCA/rdm.wpd RENA THOMPSON v. CHARLES HENSLEY, ET AL.
Court:TCA
Attorneys:
J. Lewis Kinnard, Madisonville, Tennessee, for the Appellant Rena
Thompson.
Peter Alliman, Madisonville, Tennessee, for the Appellees Charles
Hensley and Karen Hensley.
Judge: SWINEY
First Paragraph:
Rena Thompson ("Plaintiff") filed this lawsuit claiming her grandson,
Charles Hensley, and his wife, Karen Hensley (collectively
"Defendants"), breached an oral contract. Specifically, Plaintiff
claims she conveyed her house and real property to Defendants in
exchange for their oral promise to take care of her and allow her to
remain living in the house with them. Plaintiff suffered a stroke and
went to live with her son, Perrian Hensley ("Plaintiff's son" or "her
son"). After living with her son for approximately one year,
Plaintiff wanted to return to her house. When she was not allowed to
return to her house, Plaintiff sued Defendants for specific
performance. The Trial Court found there was no contract. Plaintiff
appeals. We affirm.
http://www.tba.org/tba_files/TCA/thompr.wpd
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