ELEANOR BARNES v. HAMILTON COUNTY DEPARTMENT OF EDUCATION, ET AL.
Court:TCA
Attorneys:
Frank P. Pinchak, Chattanooga, Tennessee, for the appellant, Eleanor
Barnes.
William H. Pickering and Charles D. Lawson, Chattanooga, Tennessee,
for the appellees, Hamilton County Department of Education and
Hamilton County Board of Education.
Judge: SUSANO
First Paragraph:
When the City of Chattanooga decided to get out of the "school"
business, Hamilton County assumed the task of operating the schools
inside the city limits of Chattanooga. As required by statute, the
Hamilton County Board of Education ("the County School Board")
submitted a plan to the Tennessee Commissioner of Education ("the
Commissioner") outlining its proposal for preserving the rights of the
teachers who previously had been employed in the City school system.
The plan provides that former teachers hired by the County would
receive salaries pursuant to the collective bargaining agreement
between the County School Board and the Hamilton County Education
Association ("the HCEA"). Eleanor Barnes ("the plaintiff") was an
administrator in the City school system. Effective July 1, 1997, she
became employed by the County School Board as an administrator in the
County school system. She was hired, however, at a lower salary than
the one she had been receiving from the City. The plaintiff brought
this action against the defendants alleging that her reduction in
salary violated the provisions of Tenn. Code Ann. S 49-5-203(2002).
In general terms, that statute addresses the "rights and privileges of
a then existing teacher" upon the "change in the governmental
structure of a school system." She further averred that the plan
submitted to the Commissioner constitutes a contract of which she is a
third-party beneficiary. The parties filed cross motions for summary
judgment. The trial court ultimately granted the defendants' motion
and dismissed the plaintiff's complaint. It is from this order that
the plaintiff appeals. We affirm.
http://www.tba.org/tba_files/TCA/barneseleanor.wpd
JENNIFER FRIEND CARTY MCKAY v. DEWITT TALMADGE MCKAY, III
Court:TCA
Attorneys:
Kaye G. Burson of Memphis for Appellant, Dewitt Talmadge McKay, III
John C. Ryland of Memphis for Appellee, Jennifer Friend Carty McKay
Judge: CRAWFORD
First Paragraph:
Appellant appeals from the trial court's order imposing Tenn. R. Civ.
P. 37 sanctions, which includes dismissal with prejudice of
Appellant's post-divorce "Motion for Rehearing of Child Support" and
"Petition to Modify Custody and/or Visitation." Finding no evidence
on which to conclude that the trial court abused its discretion in
applying these sanctions, we affirm the judgment of the trial court,
and remand for determination of damages for the filing of a frivolous
appeal.
http://www.tba.org/tba_files/TCA/mckayjenfc.wpd
SWEETWATER HOSPITAL ASSOCIATION v. ANITA HOUSER CARPENTER
Court:TCA
Attorneys:
Richard A. Schulman and R. Jonathan Guthrie, Chattanooga, Tennessee,
for the appellant, Anita Houser Carpenter.
Van R. Michael, Sweetwater, Tennessee, for the appellee, Sweetwater
Hospital Association.
Judge: SUSANO
First Paragraph:
Sweetwater Hospital Association ("the Hospital") entered into a
contract with its then-employee, Anita Houser Carpenter ("the
defendant"), by the terms of which the Hospital agreed to provide
tuition assistance to enable the defendant to attend school. The
contract further provides that if the defendant works for the Hospital
for a period of five years following the completion of her studies,
her loan would be forgiven. At the conclusion of a course of studies
to become a nurse anesthetist, the defendant sought employment
elsewhere because it appeared to her that there were no nurse
anesthetist positions available at the Hospital. The Hospital brought
this action for breach of contract, seeking repayment for the monies
furnished to the defendant under the contract. The defendant
responded that the Hospital breached the contract by failing to offer
her a position as a nurse anesthetist. Following a bench trial, the
trial court entered a judgment for the Hospital. The defendant
appeals. We affirm.
http://www.tba.org/tba_files/TCA/sweetwahospital.wpd
STATE OF TENNESSEE v. MARTIN JEFFERY EDWARDS
Court:TCCA
Attorneys:
Clifford K. McGown, Jr., Waverly, Tennessee (on appeal); Gary F.
Antrican, District Public Defender; and Julie K. Pillow, Assistant
Public Defender, Somerville, Tennessee (at trial).
Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; Renee W. Turner, Assistant Attorney General;
Elizabeth T. Rice, District Attorney General; and Tracey A. Brewer
Walker, Assistant District Attorney General, for the Appellee, State
of Tennessee.
Judge: HAYES
First Paragraph:
The Appellant, Martin Jeffery Edwards, was convicted following a jury
trial of two counts of delivery of a schedule II controlled substance,
Class C felonies. On appeal, Edwards argues that (1) the evidence is
insufficient to support the convictions and (2) the trial court erred
in denying a severance of the two counts. After review, we conclude
that these issues are without merit. Accordingly, the judgment of the
Lauderdale County Circuit Court is affirmed.
http://www.tba.org/tba_files/TCCA/edwardsmartinj.wpd
|
