Opinion Flash

January 08, 2004
Volume 10 — Number 005

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
00 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
06 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


ESSROC CEMENT CORP. v. PLC, INC.

Court:TCA

Attorneys:                          

Mark S. Dessauer, Kingsport, for the Appellant, PLC, Inc. 

Timothy B. McConnell, Johnson City, for the Appellee, ESSROC Cement
Corporation

Judge: GODDARD

First Paragraph:

ESSROC Cement Corp. ("ESSROC") brought this action against PLC, Inc.,
formerly known as Paty Lumber Company, seeking judgment in amount of
$112,551.43, plus service charges and attorney's fees, as payment for
cement and masonry materials which it sold to PLC. After ESSROC filed
a motion for summary judgment, the parties reached a settlement
agreement whereby PLC agreed to pay ESSROC two installments of
$25,000.00.  PLC paid the first installment under the agreement but
not the second.  This prompted ESSROC to file a motion to rescind the
settlement agreement on grounds of fraudulent misrepresentation.  The
Trial Court granted ESSROC rescission of the settlement agreement, and
granted summary judgment in ESSROC's favor.  We affirm the judgment of
the Trial Court.

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

BILL GOINS, ET AL. v. CREDITCORP, ET AL.

Court:TCA

Attorneys:                          

Richard A. Fisher, Cleveland, for the Appellants, Bill Goins, et al.

Roger A. Jenne, for the Appellees, Creditcorp, d/b/a Check Into Cash,
et al.

Judge: GODDARD

First Paragraph:

This appeal reaches us in the form of several consolidated class
action lawsuits.  In each action the Plaintiffs alleged that
Defendants, who are owners and/or operators of check cashing
companies, effectively made short-term loans to Plaintiffs and charged
them exorbitant and usurious interest rates, in violation of various
state and federal statutes.  After negotiation, the parties reached a
settlement agreement, which was presented to and approved by the Trial
Court.  At issue in this appeal is the interpretation of a provision
in the settlement agreement.  Plaintiffs filed a "motion to enforce"
which alleged that Defendants violated the settlement agreement by
willfully failing to forgive and release certain debts of Plaintiffs
resulting from transactions taking place on or before September 30,
1997.  Defendants argued, among other things, that the agreement did
not require them to release the debts at issue.  The Trial Court
dismissed Plaintiffs' motion to enforce the settlement agreement.  We
vacate the Court's judgment and remand the case for an evidentiary
hearing.

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

J.S. HAREN COMPANY v. KELLY SERVICES, INC.

Court:TCA

Attorneys:                          

W. Tyler Chastain, Knoxville, Tennessee, for the Appellant, Kelly
Services, Inc.

Howard Curtis Trew, Athens, Tennessee, for the Appellee, J.S. Haren
Company

Judge: GODDARD

First Paragraph:

This appeal asserts that the Trial Court erred in entering judgment
against the Appellant/Defendant,  Kelly Services, Inc., for breach of
contract.  We reverse and dismiss the judgment of the Trial Court and
remand.

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

ROY MICHAEL MALONE, SR., v. SCOTT L. PROBASCO, JR., 

Court:TCA

Attorneys:                          

Michael E. Richardson, Chattanooga, Tennessee, for the Appellant, Roy
Michael Malone

Charles J. Gearhiser, Chattanooga, Tennessee, for the Appellee, Scott
L. Probasco, Jr.

Judge: GODDARD

First Paragraph:

In this appeal from the Circuit Court for Hamilton County the
Plaintiff/Appellant, Roy Michael Malone, Sr., argues that the Trial
Court erred in granting the Defendant/Appellee, Scott L. Probasco,
Jr., a summary judgment.  We affirm and remand.

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

IN RE: ESTATE OF ILENE S. RAMEY

Court:TCA

Attorneys:                          

Michael A. Eastridge, Johnson City, for the Appellants, Tommy Snapp
and Eddie Snapp

Robert L. Arrington, Kingsport, for the Appellee, Sherri H. Jones

Judge: GODDARD

First Paragraph:

At issue in this appeal is whether this will contest action, brought
by Tommy Snapp and Eddie Snapp as intestate heirs at law, is barred by
the applicable two-year statute of limitations found at  T.C.A.
32-4-108.  Plaintiffs have challenged the validity of the will of
Ilene S. Ramey on grounds that it was executed outside the presence of
two witnesses as required by T.C.A. 32-1-104.  In their complaint they
allege that the witnesses to the will were wrongfully coerced by their
employment supervisor, Defendant Sherri H. Jones, to sign affidavits
falsely stating that they were in the presence of Ms. Ramey when she
executed her will.  The Trial Court held the action to be time-barred
because it was filed more than three years after admission of the will
to probate, ruling that "under the authority of Phillips v. Phillips,
526 S.W.2d 439 (Tenn.1975), the Complaint alleges no facts that could
amount to a concealment of the claim."  The Court dismissed the
complaint under Tenn.R.Civ.P. 12.02(6) for failure to state a claim
upon which relief can be granted.  We affirm.

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

ROBERT RIGGS v. JAMES W. GREENLEE 

Court:TCA

Attorneys:                          

Robert Riggs, Pro Se, Appellant

James W. Greenlee, Pro Se, Appellee

Judge: GODDARD

First Paragraph:

This is a legal malpractice suit by Robert Riggs against James W.
Greenlee, who represented him in a criminal case.  Mr. Riggs was
convicted of a Class E felony, which carries a sentence range of one
to two years.  The Trial Court dismissed the case because Mr. Riggs,
who it appears is still incarcerated, failed to appear when the case
was set.  We vacate and remand.

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

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