Opinion FlashAugust 2, 2004Volume 10 — Number 147 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 SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/certlist_0802.wpd DANNY L. DAVIS CONTRACTORS, INC. v. B. ALLEN HOBBS, ET AL. Court:TCA Attorneys: Danny P. Dyer, Knoxville, Tennessee, for the appellant, Mullen Construction Co., Inc. John T. McArthur and Melanie E. Davis, Maryville, Tennessee, for the appellee, Danny L. Davis Contractors, Inc. Judge: SUSANO First Paragraph: Danny L. Davis Contractors, Inc. ("the plaintiff") sued (1) B. Allen Hobbs and Pete Roach, who together did business as BH Construction, and (2) Mullen Construction Co., Inc., ("Mullen Construction"), a Tennessee corporation, seeking to collect money owed under a contract the plaintiff entered into with BH Construction for the performance of electrical work in connection with the construction of a CiCi's Pizza restaurant. The general sessions court awarded a judgment against Mullen Construction for $12,506.71. Mullen Construction filed an appeal bond, and the case was then tried de novo without a jury in the trial court. The trial court entered a judgment of $12,506.21 against Mullen Construction. Additionally, the trial court revoked the contractor's license of Mullen Construction, with reinstatement dependent upon the company satisfying the judgment. Mullen Construction appeals, contending that the trial court (1) abused its discretion in admitting "hearsay" testimony into evidence; (2) erred in finding Mullen Construction liable on the contract under an agency theory; and (3) erred in revoking its contractor's license pursuant to Tenn. Code Ann. S 62-6- 118 (1997). We affirm. http://www.tba.org/tba_files/TCA/davisdanlcon.wpd EDGAR FOSTER, INDIVIDUALLY AND ON BEHALF OF HIS WIFE, AND STANLEY TURNER, INDIVIDUALLY AND ON BEHALF OF THE HEIRS OF MATTIE FOSTER, DECEASED v. ST. JOSEPH HOSPITAL, MAHIR R. AWDEH, M.D., RAJ C. DAVE, M.D. Court:TCA Attorneys: Al H. Thomas and Regina Guy, Memphis, for the appellants Edgar Foster, individually and on behalf of his wife, and Stanley Turner, individually and on behalf of the heirs of Mattie Foster, deceased. Robert L. Green, Memphis, for the appellee St. Joseph Hospital. Buckner P. Wellford, John H. Dotson, and Marcy L. Dodds, Memphis, for the appellees Mahir R. Awdeh, M.D., and Raj C. Dave, M.D. Judge: KIRBY First Paragraph: This is a wrongful death case. The decedent was survived by her husband and two brothers. The husband gave his power of attorney to his grand-nephew. The grand-nephew filed a wrongful death lawsuit, alleging medical malpractice which resulted in the decedent's death. The grand-nephew voluntarily dismissed the claim. The grand-nephew refiled the action within one year of the nonsuit but beyond the expiration of the original statute of limitations. In the second action, the decedent's husband was added as a plaintiff. The defendants filed motions for summary judgment, arguing that the second lawsuit was time barred. The trial court granted the motion, holding that because the grand-nephew was not a proper party plaintiff under the Tennessee wrongful death statute, the first lawsuit was a nullity and did not toll the statute of limitations. We reverse, holding that the original lawsuit was not void, but merely voidable, and that the second lawsuit was timely filed under the savings statute. http://www.tba.org/tba_files/TCA/fosteredgar.wpd JERRY LEE CHILTON v. DAVID MILLS, WARDEN Court:TCCA Attorneys: Joe H. Walker, District Public Defender and Walter V. Johnson, II, Assistant Public Defender, for the appellant, Jerry Lee Chilton. Paul G. Summers, Attorney General & Reporter; John H. Bledsoe, Assistant Attorney General; J. Scott McCluen, District Attorney General; and Roger Delp, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: The Defendant appeals from the judgments of the trial court denying him habeas corpus relief. The trial court dismissed the petitions, finding that they failed to state cognizable claims for habeas corpus relief. We affirm the judgments of the trial court. http://www.tba.org/tba_files/TCCA/chiltonjerryl.wpd JOE SHEPHERD v. HOWARD CARLTON, WARDEN and the STATE OF TENNESSEE Court:TCCA Attorneys: Joe Shepherd, Mountain City, Tennessee, Pro Se. Paul G. Summers, Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; Joe C. Crumley, Jr., District Attorney General, for the appellee, State of Tennessee Judge: OGLE First Paragraph: The pro se petitioner, Joe Shepherd, appeals the dismissal of his petition for writ of habeas corpus. The state has filed a motion requesting that this court affirm the action of the trial court pursuant to Rule 20, Tenn. Ct. Crim. App. R. The petition fails to present a cognizable claim for habeas corpus relief. Accordingly, the state's motion is granted and the judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/shepherdjoe.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
|