Opinion FlashJanuary 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):
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Howard H. Vogel
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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