Opinion Flash

October 20, 2004
Volume 10 — Number 203

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

02	New Opinion(s) from the Tennessee Court of Appeals

02	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

ORLANDO F. SEGNERI ET AL., v. VERA M. MILLER ET AL.

Court:TCA

Attorneys:                          

Keith C. Dennen, Natalya L. Rose, Nashville, Tennessee, for the
appellants, Vera M. Miller and Constance A. Miller.

Michael W. Edwards, Hendersonville, Tennessee, for the appellees,
Orlando F. Segneri and Cynthia Segneri.

Judge: COTTRELL

First Paragraph:

This appeal involves a dispute concerning a lease purchase agreement. 
Tenants filed a complaint for declaratory judgment, seeking a
declaration that they had a right to purchase the property at the
price established in a separate sales agreement and, alternatively,
that they were entitled to reimbursement for $50,000 worth of
improvements they made to the residence while they rented it.  The
trial court found that the sales contract had expired and ordered
Tenants to vacate the property.  The trial court further ordered
Landlords to reimburse Tenants for over $45,000 in improvements.  Both
parties appeal the amount of the reimbursement.  Because we find no
basis under the lease to either require the Landlords to reimburse
Tenants for their improvements or to deny Landlords an award of
attorney's fees, we reverse the judgment in part.

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

VERA LYNNE STILES, ET AL v. MEIGS COUNTY, TENNESSEE d/b/a MEIGS COUNTY
AMBULANCE SERVICE, ET AL

Court:TCA

Attorneys:                          

Kevin T. Beck, Chattanooga, Tennessee, for the Appellants.

Michael E. Evans, Nashville, Tennessee, for the Appellee.

Judge: LEE

First Paragraph:

This is an appeal from a judgment in favor of the Defendants in a
professional negligence case against a paramedic and his governmental
employer pursuant to the Tennessee Governmental Tort Liability Act. 
The Plaintiffs filed a notice of appeal and subsequently filed a short
narrative statement of evidence.  The Defendants filed a motion to
strike the statement of evidence and dismiss the appeal  asserting
that the statement of evidence was not timely filed and that the
Plaintiffs failed to give notice that no transcript or only a partial
transcript would be filed. The trial court transferred the matter to
this Court to resolve. We denied the motion to dismiss and granted an
extension of time to the Plaintiffs for the late filing of the
statement of evidence. Then the Defendants filed a counter- statement
of the evidence asserting that the Plaintiffs' statement of evidence
was not accurate. We remand this cause to the trial court to determine
whether the Plaintiffs' statement of evidence is a fair, accurate, and
complete account of what transpired  in the trial court with respect
to those issues which form the bases for this appeal.

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

STATE OF TENNESSEE v. ANDREW JOHN BELLAMY

Court:TCCA

Attorneys:                          

Kenneth F. Irvine, Jr., Knoxville, Tennessee, for the appellant,
Andrew John Bellamy.

Paul G. Summers, Attorney General & Reporter; Kathy D. Aslinger,
Assistant Attorney General; Greeley Wells, District Attorney General;
and William Crabtree, Assistant District Attorney General,  for the
appellee, State of Tennessee.

Judge: SMITH

First Paragraph:

The appellant, Andrew John Bellamy, pled guilty to driving on a
revoked license and third offense DUI and reserved, with the consent
of the State and the court, the right to appeal a certified question
of law that is dispositive of the case.  The certified question of law
relates to whether the trial court was correct in overruling the
appellant's motion to suppress all the evidence introduced against the
appellant because of an allegedly illegal stop of his vehicle.  For
the following reasons, we affirm the judgment of the trial court.

http://www.tba.org/tba_files/TCCA/bellamyandrew.wpd

STATE OF TENNESSEE v. TAMMY CHEAK TRENT

Court:TCCA

Attorneys:                          

Barry H. Valentine, Newport, Tennessee, for the Appellant, Tammy Cheak
Trent.

Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; Renee W. Turner, Assistant Attorney General; Al
Schmutzer, Jr., District Attorney General; and James B. Dunn,
Assistant District Attorney General, for the Appellee, State of
Tennessee.

Judge: HAYES

First Paragraph:

The Appellant, Tammy Cheak Trent, appeals the sentencing decision of
the Cocke County Circuit Court.  Under the terms of a plea agreement,
Trent entered a best interest plea to the class E felony of accessory
after the fact and received an agreed one-year sentence.  Following a
sentencing hearing, the trial court sentenced Trent to one-year
confinement in the Department of Correction.  Trent appeals arguing
that (1) the trial court's sentence of confinement is in conflict with
applicable sentencing principles and (2) the procedures employed by
the trial court at the sentencing hearing "compelled [Trent] to
involuntarily become a witness against herself."  Finding merit to
these contentions, we modify Trent's sentence to reflect a
split-confinement sentence of one year with service of thirty days in
confinement followed by supervised probation.

http://www.tba.org/tba_files/TCCA/trenttammycheak.wpd

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