TBA YLD Presents 19th Annual Trial Practice Seminar
March 1 - Memphis
March 2 - Jackson
March 3 - Nashville
March 4 - Knoxville
March 4 - Kingsport

The TBA's Young Lawyers Division is again offering its basic program
covering key areas in state and federal litigation. This seminar
provides practical information on all aspects of jury and bench trials
from voir dire to closing arguments. Learn from experienced trial
practitioners from the local area as they share their insights
valuable to attorneys preparing for their first or their thousandth
trial.

Today's Opinions: February 2, 2005
Volume 11 — Number 021
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.
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
03 New Opinion(s) from the Tennessee Court of Appeals
01 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

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 or need to obtain a password, you can look it up on-line at http://www.tba.org/getpassword.mgi.

Here's how you can obtain full-text version. We recommend you download the Opinions to your computer and then open them from there. • Click the URL at end of each Opinion paragraph below. This should give you the option to download the original document. If not, you may need to right-click on the URL to get the option to save the file to your computer. • Do a key word search in the Search Link area of TBALink. This option will allow you to view and save a plain-text version of the opinion. • Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion.

Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink


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

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