Opinion FlashJanuary 16, 2004Volume 10 — Number 011 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 NPS ENERGY SERVICES, INC., Appellant v. NELSON E. MOORE, Appellee Court:TSC - Workers Comp Panel Attorneys: Raymond S. Leathers, Ruth, Howard, Tate & Sowell, Nashville, Tennessee, for the appellant NPS Energy Services, Inc. George E. Copple, Jr., Nashville, Tennessee, for the appellee Nelson E. Moore. Judge: CLEMENT First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting findings of fact and conclusions of law. The employer/appellant contends: (1) that the trial court erred in determining that the employee suffered an injury arising out of and in the course of his employment, and (2) that the trial court erred in awarding forty percent (40%) permanent partial disability to the body as a whole. As discussed herein, the panel has concluded that the judgment of the trial court should be affirmed http://www.tba.org/tba_files/TSC_WCP/npsvmoore.wpd STATE OF TENNESSEE, DEPARTMENT OF CHILDREN'S SERVICES v. A.W.S. and E.S. In re: R.T.S. Court:TCA Attorneys: Jon A. Anderson, Maryville, Tennessee, for the Appellant, A.W.S. Wm. Lee Gribble, II, Maryville, Tennessee, for the Appellant, E.S. Paul G. Summers and John H. Bledsoe, Nashville, Tennessee, for the Appellee, State of Tennessee, Department of Children's Services. Judge: SWINEY First Paragraph: The State of Tennessee, Department of Children's Services ("DCS") filed a petition seeking to terminate the parental rights of A.W.S. ("Mother") and E.S. ("Father"), the biological parents of the minor child, R.T.S. ("the Child"). The Juvenile Court granted DCS' petition to terminate Mother's and Father's parental rights. Both Mother and Father appeal. We affirm. http://www.tba.org/tba_files/TCA/aws.wpd JANET LYNN DITZER v. CURTIS J. DITZER Court:TCA Attorneys: Grace E. Daniell, Chattanooga, Tennessee, for Appellant. Janet Lynn Ditzer, Chattanooga, Tennessee, pro se Judge: FRANKS First Paragraph: The Trial Court ordered the father to pay one-half of the daughter's college expenses pursuant to the parties' Marital Dissolution Agreement, and reimburse the mother for one-half of expenses already paid. On appeal, we affirm. http://www.tba.org/tba_files/TCA/ditzerj.wpd MARY LEE DOTSON v. WILLIAM ENNIS DOTSON Court:TCA Attorneys: M. Wallace Coleman, Jr., Lawrenceburg, Tennessee, for the appellant, William Ennis Dotson. Kim B. Tycer, Pulaski, Tennessee, for the appellee, Mary Lee Dotson. Judge: KOCH First Paragraph: This appeal involves the dissolution of a 28-year marriage by default. The wife filed for divorce in the Chancery Court for Maury County and, after the husband failed to file a timely answer, filed for a default judgment. The trial court granted the default judgment even though the husband had filed an answer and counterclaim on the day before the hearing and later denied the husband's Tenn. R. Civ. P. 55.02 motion to set aside the default. The husband has appealed. We have determined that the trial court properly granted the default judgment but erred by refusing to later set the default judgment aside. http://www.tba.org/tba_files/TCA/dotsonml.wpd IN RE: ESTATE OF CARL MYERS, REBECCA DYKE and KEVIN BRUCE BRANTLY v. GLENDA SEYMOUR and JUDY A. TOLLIVER and COMMERCIAL BANK Court:TCA Attorneys: Timothy P. Coode, Knoxville, Tennessee, for Appellant. David H. Stanifer, Tazewell, Tennessee, for Appellee. Judge: FRANKS First Paragraph: The Trial Court voided agreements with Bank by Decedent creating survivorship accounts with his daughter on grounds of incompetency. On appeal, we affirm. http://www.tba.org/tba_files/TCA/myersc.wpd THE POLK COUNTY BOARD OF EDUCATION v. THE POLK COUNTY EDUCATION ASSOCIATION Court:TCA Attorneys: Richard L. Colbert and W. Gregory Miller, Nashville, Tennessee, for Appellant. D. Scott Bennett, Chattanooga, Tennessee, for Appellee. Judge: FRANKS First Paragraph: The Trial Court ruled the School Board did not have to negotiate with the Teachers Association regarding a dress code policy adopted by the Board. On appeal, we reverse and remand. http://www.tba.org/tba_files/TCA/polkcty.wpd CORDELL C. TAYLOR, ET AL., v. DONNIE H. AND VICK WILLIAMS Court:TCA Attorneys: Johnny V. Dunaway, LaFollette, Tennessee, for Appellant. James W. Brooks, Jr., Wartburg, Tennessee, for Appellees. Judge: FRANKS First Paragraph: In this dispute over the boundary line between the parties' property, the Trial Court established the line and declared an easement. Defendants have appealed. We affirm. http://www.tba.org/tba_files/TCA/taylorc.wpd ALEXANDER C. WELLS v. TENNESSEE BOARD OF REGENTS, ET AL. Court:TCA Attorneys: Phillip L. Davidson, Nashville, Tennessee, for the appellant, Alexander C. Wells. Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; and Kae Carpenter Todd, Assistant Attorney General, for the appellees, Tennessee Board of Regents, Tennessee State University, and James Hefner. Judge: KOCH First Paragraph: This appeal is the continuation of a protracted dispute between Tennessee State University and a faculty member stemming from his termination for sexually harassing a student. After the courts vacated the dismissal, the university and the Tennessee Board of Regents established a process of transitional reinstatement. The professor objected and refused to report to work. Thereafter, the professor filed a petition in the Chancery Court for Davdison County to hold the university and the board in contempt. The trial court heard the matter without a jury and declined to hold either the university or the board in contempt. The professor has appealed. We affirm because orders declining to grant contempt petitions are not appealable. http://www.tba.org/tba_files/TCA/wellsac.wpd STATE OF TENNESSEE v. COY J. COTHAM, JR. Court:TCCA Attorneys: Amy Harwell (at trial) and William J. Steed (on appeal), Nashville, Tennessee, for the appellant, Coy Jonathan Cotham, Jr. Paul G. Summers, Attorney General & Reporter; Christine M. Lapps, Assistant Attorney General; and Bret T. Gunn, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The defendant, Coy J. Cotham, Jr., charged with criminal impersonation and aggravated assault, pled guilty to criminal impersonation, a Class B misdemeanor, see Tenn. Code Ann. S 39-16-301, and simple assault, a Class A misdemeanor, see Tenn. Code Ann. S 39-13-101. The trial court imposed concurrent sentences of six months for criminal impersonation and 11 months and 29 days for simple assault. The sentences were ordered to be served consecutively to an earlier six-year sentence of probation for aggravated assault, on which the defendant had absconded. In this appeal of right, the defendant asserts that the trial court erred by (1) ordering his sentences be served consecutively to his earlier six-year sentence for aggravated assault and (2) denying an alternative sentence. The judgments are affirmed. http://www.tba.org/tba_files/TCCA/cothamcj.wpd STATE OF TENNESSEE v. GLEN HOLT CONNCURRING OPINION Court:TCCA Judge: TIPTON First Paragraph: I concur in most of the conclusions and reasoning in the majority opinion, but I dissent from the remand in this case. I believe that the record sufficiently shows that the defendant made a knowing and intelligent waiver of his right to testify. The failure to follow the specific Momon requirements should not disturb the judgment in this case. Counsel told the trial court, in open court with the defendant present, that he had advised the defendant of his rights to testify and not to testify and that he thought the defendant understood those rights. When the record states that the "Defendant indicates affirmatively" in response to the trial court's asking him if he understood his rights and was not going to testify, I have no problem in concluding that the defendant intentionally relinquished his right to testify. Moreover, given the fact that counsel at the motion for new trial hearing indicated that the defendant had consulted with him and had made a decision not to testify further justifies my conclusion. To require a Momon hearing under the circumstances in this case would be putting form above substance. I would affirm the trial court. CONCURRING OPINION http://www.tba.org/tba_files/TCCA/holtglen_con.wpd PLEASE FORWARD THIS E-MAIL! GET A FULL-TEXT COPY OF AN OPINION! JOIN THE TENNESSEE BAR ASSOCIATION! SUBSCRIBE TO OPINION FLASH! UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT! But if you must, visit the TBALink web site at: http://www.tba.org/op-flash.mgi Home • Contact Us • PageFinder • What's New • Help |
|
© Copyright 2004 Tennessee Bar Association
|