Here is today's issue of TBALink Opinion-Flash. What follows is the document name, first paragraph and the names of the attorneys for the parties (If you know one of them you might want to give them a call, chances are they don't know about the opinion yet) of each electronic opinion/rules released TODAY from the three appellate courts and the TN Attorney General.
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Document Name :ALEXANDE.OPN.WP6 Court :TSC For Defendant-Appellee: For Plaintiffs-Appellants: Robert C. Goodrich, Jr. W. Gary Blackburn Farris, Warfield & Kanaday David F. Gore Nashville Blackburn & Slobey, P.C. Nashville John C. Tishler Nashville John D. Melton, III Murfreesboro First Paragraph: This case presents for review the decision of the Court of Appeals sustaining the defendant's motion for summary judgment on the ground the suit is barred by the three year statute of limitations. This Court finds the essential cause of action alleged is breach of contract rather than injury to property and, therefore, the applicable limitation period is six years rather than three years. URL:http://www.tba.org/tba_files/TSC/ALEXANDE.OPN.WP6 Document Name :BRANNON.OPN.WP6 Court :TCA James B. Summers, Richard H. Allen, NEELY, GREEN, FARGARSON & BROOKE, Memphis, Tennessee Attorney for Defendants/Counter-Plaintiffs/Appellants. Blanchard E. Tual, Memphis, Tennessee Attorney for Plaintiffs/Counter-Defendants/Appellees. First Paragraph: This is a breach of contract case involving the sale of real property. After the buyers failed to close on the property, the sellers initiated the present action seeking money damages. The buyers counterclaimed alleging fraud, violation of Tennessee's Consumer Protection Act and/or negligent misrepresentation. A bench trial on the merits resulted in a damages award for the sellers in the amount of $53,484.92 and a dismissal of the counterclaim. The trial court expressly found no misrepresentation by the sellers. The buyers have appealed. For reasons hereinafter set forth, we affirm. URL:http://www.tba.org/tba_files/TCA/BRANNON.OPN.WP6 Document Name :COPPER.OPN.WP6 Court :TCA Ted I. Jones Memphis, Tennessee Attorney for Appellant, John F. Copper Mimi Phillips Memphis, Tennessee Attorney for Appellee, Athena Copper First Paragraph: Athena Chen Copper ("Wife") filed suit for divorce against Dr. John Franklin Copper ("Husband") in the Circuit Court of Shelby County. Following a bench trial, the trial court awarded a divorce to Wife on grounds of inappropriate marital conduct, divided the marital property, and awarded $2,000 a month alimony in futuro to Wife. On appeal, Husband has presented four issues for our consideration: whether the court erred in (1) awarding excessive alimony; (2) requiring part of Husband's estate be used to repay Wife's parents for alleged loans; (3) awarding attorney fees and expenses to Wife; and (4) dividing the marital property. For the reasons stated herein, we affirm the trial court's decision in its entirety. URL:http://www.tba.org/tba_files/TCA/COPPER.OPN.WP6 Document Name :GRASHOT.OPN.WP6 Court :TCA Warner Hodges, III, of Germantown For Appellants Joe Lee Wyatt, McWhirter & Wyatt, of Memphis For Appellees First Paragraph: This appeal involves the application of the relation back provision of Tenn.R.Civ.P. 15.03 prior to the rule's amendment effective July 1, 1995. The rule provided: 15.03. Relation Back of Amendments. - Whenever the claim or defense asserted in the amended pleadings arose out of the conduct, transaction or occurrence set forth or attempted to be set forth in the original pleading, the amendment relates back to the date of the original pleading. URL:http://www.tba.org/tba_files/TCA/GRASHOT.OPN.WP6 Document Name :HALL.OPN.WP6 Court :TCA J. FRANK HALL, JR. Memphis, Tennessee Attorney for Appellant J. MINOR TAIT, JR. ASSISTANT SHELBY COUNTY ATTORNEY Memphis, Tennessee Attorney for Appellees First Paragraph: The majority of the facts in the present case are undisputed. Petitioner worked for Shelby County as a delinquent tax attorney from May 10, 1977, to February 1, 1987. Petitioner was appointed to this position by the Shelby County Trustee on a year-to-year basis. The Shelby County Trustee did not reappoint Petitioner in January of 1987. URL:http://www.tba.org/tba_files/TCA/HALL.OPN.WP6 Document Name :LUDLOW.OPN.WP6 Court :TCA DAVID O. PRICE Memphis, Tennessee Attorney for Appellant STEPHEN R. LEFFLER Memphis, Tennessee Attorney for Appellee First Paragraph: This appeal arises from a trip and fall accident which occurred on property owned by the Defendant-Appellant Memphis and Shelby County Airport Authority ("Airport"). The lower court, sitting without a jury, found that the Airport's failure to properly designate a change in elevation at the base of an approach ramp created a dangerous condition which proximately caused personal injury to the Plaintiff Appellee, Howard T. Ludlow ("Ludlow"). The lower court assessed Ludlow's negligence at 40%. The Airport appeals the trial court's decision. URL:http://www.tba.org/tba_files/TCA/LUDLOW.OPN.WP6 Document Name :MOTT.OPN.WP6 Court :TCA ROBERT B. C. HALE WARING COX Memphis, Tennessee Attorney for Defendant/Appellant Graves H. MORRIS DENTON DENTON & CARY Bolivar, Tennessee Attorney for Plaintiffs/Appellees First Paragraph: Appellant D. Dean Graves ("Graves") appeals the chancellor's decision requiring Graves to specifically perform a contract by purchasing an $85,000 parcel of real estate offered for sale by the Appellees, Donald L. Mott ("Mott") and Murl Kennamore ("Kennamore"). URL:http://www.tba.org/tba_files/TCA/MOTT.OPN.WP6 Document Name :PINSON.OPN.WP6 Court :TCA Beauchamp E. Brogan, General Counsel The University of Tennessee, Ronald C. Leadbetter, Associate General Counsel Attorneys for Defendant/Appellant. Sidney Gilreath, Richard L. Duncan, GILREATH & ASSOCIATES, Knoxville, Tennessee Lee Greer, GREER & GREER, Paris, Tennessee Attorneys for Claimant/Appellee. First Paragraph: The Appellant, State of Tennessee, appeals a final order of the Tennessee Claims Commission, finding Appellant negligent and awarding Appellee, Michael Ray Pinson (Pinson), judgment for $300,000 for injuries sustained by Pinson while playing football for the University of Tennessee at Martin (UTM). URL:http://www.tba.org/tba_files/TCA/PINSON.OPN.WP6 Document Name :RAGAN.OPN.WP6 Court :TCA HUGHIE RAGAN Jackson, Tennessee Attorney for Plaintiff/Appellant HUGH HARVEY, JR. Jackson, Tennessee Attorney for Defendants/Appellees First Paragraph: This appeal arises from the Madison County Building Commissioner Jack Hall's (hereinafter "Commissioner") denial of a building permit to the Appellant, Hughie Ragan. Mr. Ragan appealed the Commissioner's decision to the Board of Adjustments and Zoning Appeals (hereinafter "Board") and the Madison County Chancery Court, both of which affirmed the Commissioner's decision. Appellant filed a timely notice of appeal with this Court. URL:http://www.tba.org/tba_files/TCA/RAGAN.OPN.WP6 Document Name :SHEPHERD.OPN.WP6 Court :TCA Stephen P. Hale, Steven W. Likens, Jennifer Ziegenhorn, Memphis, Tennessee Of Counsel: ARMSTRONG, ALLEN, PREWITT, GENTRY, JOHNSTON & HOLMES, Memphis, Tennessee Attorneys for Plaintiff/Appellant. Robert F. Miller, Nimmo Bhagat, Memphis, Tennessee Of Counsel: THOMAS J. WALSH, Memphis, Tennessee Attorney for Defendant/Appellee. First Paragraph: This case concerns the final settlement of accounts between former partners, James Arthur Griffin ("Griffin" or "Appellee") and Mary Kathryn Shepherd ("Shepherd" or "Appellant"), and entails a review of the accounting and distribution of partnership assets as determined by the trial court. We first considered this matter in Shepherd v. Griffin, 776 S.W.2d 119 (Tenn. App. 1989), wherein the underlying facts are more fully set forth. For our purposes, we reiterate that the parties sought divorce in early 1984, but prior to entry of a final decree, entered into a business partnership, known as Griffin Enterprises, in which they transferred all of their assets. URL:http://www.tba.org/tba_files/TCA/SHEPHERD.OPN.WP6 Document Name :TAYLORGW.OPN.WP6 Court :TCA Henry C. Shelton, III of Memphis For Plaintiff-Appellee Timothy A. Ryan, III of Memphis For Defendants-Appellants First Paragraph: Defendants, Trans Aero Corporation (TAC), and Flight Management, Inc., (FMI), appeal from the judgment of the chancery court awarding breach of contract damages to plaintiff, G. W. Taylor (Taylor). Prior to May, 1986, Taylor was the sole stockholder and chief executive officer of TAC, primarily a business providing air charter services to the public. On January 1, 1986, TAC, through Taylor as president, entered into a written lease agreement in which it leased from General Electric Credit Corporation (GECC) a jet airplane. On April 17, 1986, TAC, pursuant to the lease agreement, gave notice of the termination of the lease. URL:http://www.tba.org/tba_files/TCA/TAYLORGW.OPN.WP6 Document Name :TALLEY.OPN.WP6 Court :TCCA For the Appellant: For the Appellee: Donna Robinson Miller Charles W. Burson Assistant Public Defender Attorney General of TN 700 Cherry Street and Suite 301 Kimbra Spann Chattanooga, TN 37402 Asst Attorney General of TN (On Appeal) Nashville, TN 37243-0493 Hiram Hill Assistant Public Defender 700 Cherry Street Gary D. Gerbitz Suite 301 District Attorney General Chattanooga, TN 37402 and (At Trial) David Denny Assistant District Attorney General First Paragraph: The defendant, Steve Lebron Talley, was convicted of assault with intent to commit first degree murder pursuant to a guilty plea in the Hamilton County Criminal Court. He received a sentence of eighteen years to be served in the custody of the Department of Corrections. In this appeal as of right he contends that his eighteen-year-sentence is excessive because the trial court failed to weigh properly the applicable enhancing and mitigating factors. URL:http://www.tba.org/tba_files/TCCA/TALLEY.OPN.WP6
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