Opinion Flash

November 26, 2003
Volume 9 — Number 217

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
01 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

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


SANDRA KAY TERRELL V. STERLING PLUMBING GROUP KINKEAD DIVISION

Court:TSC - Workers Comp Panel

Attorneys:                          

Steven Maroney, Jackson, Tennessee, for the Defendant-Appellant,
Sterling Plumbing Group Kinkead Division.

Jay Degroot, for the Plaintiff-Appellee, Sandra Kay Terrell.

Judge: ALISSANDRATOS

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
employer in this workers'compensation case has appealed the trial
court's decision awarding the claimant twelve percent (12%) permanent
partial disability to both arms.  This award was made despite the
absence of any impairment rating to the left arm and despite the
absence of medical evidence establishing permanency of any injury to
the left arm.  The Panel has concluded that the evidence preponderates
against the trial court's finding of a work-related injury to the left
arm.  Accordingly, we reverse the trial court's finding as tothe left
arm, but we affirm the trial court's award of 12% permanent partial
disability to the right arm.

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

ADMIRALTY SUITES AND INNS, LLC, et al v. SHELBY COUNTY, TENNESSEE, ET
AL.

Court:TCA

Attorneys:                          

J. Houston Gordon, Lyle Reid, Covington, TN, for Appellants

Edward J. McKenney, Jr., Memphis, TN, for Appellees City of Bartlett
and City of Millington

Jef Feibelman, Susan M. Clark, Memphis, TN, for Appellees Town of
Collierville and City of Germantown

Paul G. Summers, Attorney General & Reporter, Charles L. Lewis, Deputy
Attorney General, Nashville, for Appellee Paul G. Summers in his
capacity as Attorney General for the State of Tennessee

Judge: HIGHERS

First Paragraph:

This case involves the constitutionality of Tenn. Code Ann. S
67-4-1425, which governs occupancy taxes on hotels and motels.  After
conducting a hearing on the matter, the lower court found the statute
constitutional.  For the following reasons, we affirm in part and
reverse in part the finding of the trial court.

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

COMBUSTION FEDERAL CREDIT UNION v. JOHN H. FARMER

Court:TCA

Attorneys:                          

John H. Farmer, Pro Se.

Allison Ulin Lynch, Chattanooga, Tennessee, attorney for appellee,
Combustion Federal Credit Union.

Judge: INMAN

First Paragraph:

A judgment was rendered against Mr. Farmer in 1992.  It remained
unpaid, and the judgment creditor's petition for revival was granted. 
Mr. Farmer appeals, claiming that he never signed the note which
formed the basis of the 1992 action.  We affirm.

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

RONNIE L. JOHNSON v. MARK R. WHITE, ET AL.

Court:TCA

Attorneys:                          

Mike Whalen, Knoxville, Tennessee, attorney for appellants, Mark R.
White, Mark V. White and Michael Scott Webb.

David L. Valone, Knoxville, Tennessee, attorney for appellee, Ronnie
L. Johnson.

Judge: INMAN

First Paragraph:

These three cases were consolidated for trial.  Each Respondent agreed
to an Order of Protection sought by their kinsman, who was married to
the daughter of Mark V. White, the sister of Mark R. White and niece
of Michael Scott Webb.  The throes of the divorce action between the
Petitioner and his wife, Jennifer White Johnson, precipitated a
purported assault on the Petitioner by the Respondents which resulted
in criminal charges in addition to an order of protection. 
Thereafter, the Petitioner and his wife attended the Fourth Circuit
Court for a hearing, and the Respondents upon instructions of their
attorney in the criminal case also attended, and followed the
Petitioner "about the courthouse" placing him in fear.  They were
cited for criminal contempt, found guilty, and sentenced to ten days
confinement, with five days suspended.  Each appeals, complaining that
the evidence of criminal contempt is insufficient.  We affirm.

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

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