Opinion FlashNovember 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):
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Howard H. Vogel
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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