Opinion FlashJune 10, 2004Volume 10 — Number 112 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 CATINA L. FASON v. SPHERION Court:TSC - Workers Comp Panel Attorneys: Joshua M. Booth, Knoxville, Tennessee, for the appellant, Spherion. Christopher L. Taylor, Memphis, Tennessee, for the appellee, Catina L. Fason. Judge: HOLDER First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. In this appeal, Employer argues that the trial court's finding that Employee's injury was causally related to her October 20, 2000 accident is not supported by a preponderance of the evidence. We conclude that the evidence fails to preponderate against the trial court's award, and therefore, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TSC_WCP/fasoncatinal.wpd SUSAN J. SMITH v. S-R OF TENNESSEE Court:TSC - Workers Comp Panel Attorneys: William B. Walk, Jr., Memphis, Tennessee, for the appellant, S-R of Tennessee. J. Thomas Caldwell, Ripley, Tennessee, for the appellee, Susan J. Smith. Judge: HOLDER First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. In this appeal, Employer argues that the trial court's award of benefits based on 55% permanent partial disability to the right upper extremity and 45% permanent partial disability to the left upper extremity is excessive and is not supported by a preponderance of the evidence. We conclude that the evidence fails to preponderate against the trial court's award, and therefore, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TSC_WCP/smithsusanj.wpd JOANN MALLINAK GLASSELL v. RICHARD LEE GLASSELL Court:TCA Attorneys: Appellant James M. Crain, Attorney, Knoxville, Tennessee. Kimberly R. Taylor, Knoxville, Tennessee, for the Appellee Richard Lee Glassell. Judge: SWINEY First Paragraph: Joann Mallinak Glassell ("Plaintiff") was represented by attorney James M. Crain ("Crain") throughout divorce proceedings she filed against Richard Lee Glassell ("Defendant"). After a trial, the Trial Court ordered the equity from the sale of the marital residence to be divided equally between the parties. The Trial Court then applied various off-sets to the amount awarded Plaintiff, thereby reducing the net amount of Plaintiff's recovery to $0.00. The Trial Court concluded that Crain's attorney's fee lien was lower in priority to the various off-sets. Crain appeals, claiming the Trial Court improperly subordinated his attorney's fee lien to the off-sets and that his lien should be given priority. We modify the judgment of the Trial Court and affirm as modified. http://www.tba.org/tba_files/TCA/glassellj.wpd JEFFREY P. HOPMAYER v. ALADDIN INDUSTRIES, LLC Court:TCA Attorneys: William N. Ozier, Nashville, Tennessee, for the appellant, Aladdin Industries, LLC. George H. Nolan and Jonathan D. Rose, Nashville, Tennessee, for the appellee, Jeffrey S. Hopmayer. Judge: FARMER First Paragraph: Plaintiff filed suit alleging Defendant breached its employment contract by failing to provide Plaintiff with phantom units when Plaintiff was terminated without cause. Defendant denied that Plaintiff's phantom units had vested, and therefore, Plaintiff was not entitled to any phantom units at the time of his termination. The trial court found that the letter memorializing the Defendant's offer of employment was sufficiently definite and met the other requirements for a valid contract, including mutual assent. The trial court also found that the terms of the employment contract did not include any vesting requirements for Plaintiff's phantom units. As a result, the trial court found that Defendant had breached its employment contract and awarded Plaintiff the value of his phantom units contained in the employment agreement plus pre-judgment interest dating back to Plaintiff's termination. Defendant appeals. We affirm. http://www.tba.org/tba_files/TCA/hopmayerjeffrey.wpd IN RE: B. B. & T. S. B. WITH CONCURRING OPINION Court:TCA Attorneys: David Kozlowski, Columbia, Tennessee, for the appellant, S.L. Paul G. Summers, Attorney General and Reporter; Dianne Stamey Dycus, Deputy Attorney General, for the appellee, State of Tennessee, Department of Children's Services. Judge: COTTRELL First Paragraph: This appeal involves a petition filed by the Department of Children's Services to terminate the parental rights of Mother to two of her minor children. The trial court granted the petition and Mother appeals the decision. Because we find there was not clear and convincing evidence of a ground for termination, we reverse the judgment. http://www.tba.org/tba_files/TCA/inrebbtsb_opn.wpd CONCURRING OPINION http://www.tba.org/tba_files/TCA/inrebbtsb_con.wpd STATE RESOURCES CORPORATION v. THOMAS E. TALLEY Court:TCA Attorneys: Sam J. Watridge of Humboldt for Appellant, Thomas E. Tally Gregory D. Smith of Clarksville and Stephen L. Hughes of Milan for Appellee, State Resources Corporation Judge: CRAWFORD First Paragraph: Appellee purchased Appellant's overdue Note from FDIC, who was receiver of The Bank of Alamo. Appellee sought to enforce the Note and trial court entered Judgment for Appellee. Appellant contends that Appellee had no right to enforce the Note because Appellee was not a holder in due course. Since no defenses to enforcement were raised by Appellant, the question of whether Appellee is a holder in due course is irrelevant. We affirm. http://www.tba.org/tba_files/TCA/talleythomas.wpd STATE OF TENNESSEE v. JEFF WILKES Court:TCCA Attorneys: Noel H. Riley, II, Dyersburg, Tennessee, for the appellant, Jeff Wilkes. Paul G. Summers, Attorney General and Reporter; Michelle R. Chapman, Assistant Attorney General; C. Phillips Bivens, District Attorney General; and Karen Waddell Burns, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: A Dyer County Circuit Court jury convicted the defendant, Jeff Wilkes, of robbery, a Class C felony, and the trial court sentenced him as a Range I, standard offender to six years in the Department of Correction (DOC). The defendant appeals, claiming (1) that the evidence is insufficient to support his conviction and (2) that his sentence is excessive. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/wilkesjeff.wpd PLEASE FORWARD THIS E-MAIL! GET A FULL-TEXT COPY OF AN OPINION! 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