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.
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THELMA AILOR, EARL AILOR and PAM AILOR vs. CITY OF MAYNARDVILLE Court:TCA JON G. ROACH OF KNOXVILLE FOR CITY OF MAYNARDVILLE LINDA J. HAMILTON MOWLES OF KNOXVILLE FOR THELMA AILOR, EARL AILOR and PAM AILOR Judge: GODDARD First Paragraph: This is an appeal from a judgment entered by the Union County Circuit Court in a case arising from the failure of the Defendant to repair the damage to the Plaintiffs' home caused by the blockage of a sewer line. Plaintiffs Thelma, Earl, and Pam Ailor filed suit against Defendant City of Maynardville on September 29, 1992, for breach of implied contract or contract by estoppel and for negligence under the Governmental Tort Liability Act. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/AILORT_OPN.WP6 KENNETH MICHAEL BAILES vs. PUBLIC BUILDING AUTHORITY Court:TCA PAUL D. HOGAN, JR., OF KNOXVILLE FOR APPELLANT T. SCOTT JONES OF KNOXVILLE FOR APPELLEE Judge: GODDARD First Paragraph: The Public Building Authority of the City of Knoxville appeals a judgment of $26,873.10 rendered against it in favor of Kenneth Michael Bailes as a result of injuries suffered by him when he fell while exiting a malfunctioning elevator in the City County Building. In making the award the Trial Court allocated 90 percent of the negligence causing the accident to the City and 10 percent to Mr. Bailes. REVERSED, DISMISSED and REMANDED. URL:http://www.tba.org/tba_files/TCA/BAILESK_OPN.WP6 CASTLEWOOD, INC vs. ANDERSON COUNTY, TENNESSEE; PATSY STAIR, Trustee; OWEN K. RICHARDSON, Tax Assessor; CITY OF OAK RIDGE, TENNESSEE; and the TENNESSEE STATE BOARD OF EQUALIZATION Court:TCA DAVID A. STUART OF CLINTON FOR APPELLANTS ANDERSON COUNTY, PATSY STAIR and OWEN K. RICHARDSON CHARLES W. BURSON, Attorney General of Tennessee, and CHRISTINE LAPPS, Assistant Attorney General, OF NASHVILLE FOR APPELLANT TENNESSEE STATE BOARD OF EQUALIZATION BERNARD E. BERNSTEIN and DORIS C. ALLEN OF KNOXVILLE FOR APPELLEE Judge: GODDARD First Paragraph: This is an appeal from a judgment entered by the Anderson County Chancery Court holding that the Appellee's condominium units should be classified as residential property and assessed at 25 percent of their value for property tax purposes rather than being classified as industrial and commercial property and assessed at 40 percent of their value. VACATED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/CASTLEWO_OPN.WP6 JOHN TIMOTHY ENOCHS vs. DR. GEORGE N. NERREN, Superintendent of Dyersburg City Schools, and THE DYERSBURG BOARD OF EDUCATION Court:TCA For the Plaintiff/Appellant: For The Defendants/Appellees: Charles Hampton White Nicholas E. Bragorgos Richard L. Colbert James F. Horner Nashville, Tennessee Memphis, Tennessee Judge: LILLARD First Paragraph: This case involves the dismissal of a tenured teacher. Appellant John Timothy Enochs ("Enochs") challenges his discharge by Appellee Dyersburg Board of Education ("Board") from his position as a tenured teacher in the Dyersburg City School System. After a hearing, Enochs' dismissal was affirmed by the trial court. In this appeal, Enochs claims that the trial court's hearing and review of the Board's dismissal violated the Teacher Tenure Act and his right to due process. We affirm the decision of the trial court. URL:http://www.tba.org/tba_files/TCA/ENOCHSJT_OPN.WP6 BILLIE J. METCALFE, ET AL vs. LARRY J. WATERS and CHARLES W. PRUITT Court:TCA C. Philip M. Campbell and R. Sadler Bailey, Law Offices of Bailey & Associates of Memphis, For Appellees Paul E. Lewis of Millington, For Appellant, Waters Robert C. Rosenbush of Millington, For Appellant, Pruitt Judge: CRAWFORD First Paragraph: This is a legal malpractice case. Defendants, Larry J. Waters and Charles W. Pruitt, appeal from the judgment of the trial court on a jury verdict awarding plaintiffs, Billie J. Metcalfe, Julia M. Metcalfe, and Johnny D. Metcalfe, compensatory and punitive damages. AFFIRMED IN PART, VACATED IN PART AND REMANDED. URL:http://www.tba.org/tba_files/TCA/METCALFE_OPN.WP6 STATE OF TENNESSEE, ex rel., JOHN A. ROBERTS, et al. vs. I.D. "BABE" CONNER, et al. Court:TCA HUBERT D. PATTY OF MARYVILLE FOR APPELLANTS DAVID E. RODGERS OF OAK RIDGE FOR APPELLEES Judge: GODDARD First Paragraph: John A. Roberts and the other Plaintiffs in this cause appeal dismissal of their suit styled "COMPLAINT OF OUSTER" against a number of Defendants. On the date the present suit was filed the original Defendants, other than those denominated ex officio Defendants--the District Attorney General, City Attorneys for the City of Lenoir City, and the Attorney General of Tennessee--were either former members or present members of the City Commission. By amendment, two additional present members of the Commission were added as parties Defendant. All of the Defendants who are present members of the Commission have been elected or re-elected since commission of the improper acts alleged. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/ROBERTSJ_OPN.WP6 GEORGE WASHINGTON WILKERSON vs. VICIE MARIE BROWN WILKERSON Court:TCA JAMES HARVEY STUTTS OF SWEETWATER FOR APPELLANT MARY KATHERINE LONGWORTH OF LOUDON FOR APPELLEE Judge: GODDARD First Paragraph: This is an appeal by the Respondent, George Washington Wilkerson, from the Trial Court's judgment entered in favor of the Petitioner, Vicie Marie Brown Wilkerson in the amount of $1873.60 for half of their unemancipated child's funeral bill and $350 in attorney fees. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/WILKERSG_OPN.WP6 STATE OF TENNESSEE vs. JEFFREY A. BIVENS Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Mike Mosier Charles W. Burson Attorney at Law Attorney General & Reporter 204 West Baltimore P.O. Box 1623 Ellen H. Pollack Jackson, TN 38302-1623 Assistant Attorney General Criminal Justice Division Clayton F. Mayo 4 50 James Robertson Parkway Attorney at Law Nashville, TN 37243-0493 618 North Highland Avenue P.O. Box 1625 Terrell L. Harris Jackson, TN 38302-1625 District Attorney General Pro Tem Assistant District Attorney 201 Poplar, Suite 301 Memphis, TN 38103-1947 Tom Murray Special Prosecutor 312 South Shannon Jackson, TN 38301 Judge: SUMMERS First Paragraph: The appellant, Jeffrey Bivens, was convicted on two counts of first degree murder. He was sentenced to life without parole on each count. The sentences were ordered to run consecutively. The appellant presents five issues for review and challenges: 1. The sufficiency of the evidence; 2. The admission of photographs; 3. The admission of forgery evidence; 4. The admission of the medical examiner's statement that both victims' wounds were made by the same person; and 5. The application of statutory enhancement factors. Upon review, we affirm the judgment as to convictions and sentences in all respects. URL:http://www.tba.org/tba_files/TCCA/BIVENS_OPN.WP6 STATE OF TENNESSEE vs. JON CONNORS, also known as JON ROBERT CONNORS Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Natalee S. Hurley Charles W. Burson Asst. District Public Defender Attorney General & Reporter 318 Court Street 500 Charlotte Avenue Maryville, TN 37804-4912 Nashville, TN 37243-0497 OF COUNSEL: Darian B. Taylor Assistant Attorney General R. Mack Garner 450 James Robertson Parkway District Public Defender Nashville, TN 37243-0493 318 Court Street Maryville, TN 37804-4912 Michael L. Flynn District Attorney General 363 Court Street Maryville, TN 37804-5906 Edward P. Bailey, Jr. Asst District Attorney General 363 Court Street Maryville, TN 37804-5906 Judge: JONES First Paragraph: The appellant, Jon Connors, also known as Jon Robert Connors, entered into a plea bargain agreement with the State of Tennessee. The appellant entered pleas of guilty to the offenses of aggravated sexual battery, a Class B felony, and aggravated assault, a Class C felony. The trial court sentenced the appellant pursuant to the plea bargain. In this Court, the appellant contends the trial court abused its discretion by (a) denying his motion to withdraw his pleas of guilty, and (b) refusing to impose an alternative sentence to incarceration. After a thorough review of the record, the briefs submitted by the parties, and the law governing the issues, it is the opinion of this Court that the judgments of the trial court should be reversed and this cause remanded to the trial court for further proceedings consistent with this opinion. URL:http://www.tba.org/tba_files/TCCA/CONNORSJ_OPN.WP6 STATE OF TENNESSEE vs. CHRISTOPHER LEE PRICE Court:TCCA For the Appellant: For the Appellee: Guy T. Wilkinson Charles W. Burson District Public Defender Attorney General and Reporter W. Jeffery Fagan Asst. District Public Defender Clinton J. Morgan Post Office Box 663 Assistant Attorney General Camden, TN 38320 Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 Robert "Gus" Radford District Attorney General Post Office Box 686 Huntingdon, TN 38344 Judge: HAYES First Paragraph: The appellant, Christopher Lee Price, was found guilty by a Henry County jury of theft of property over $500 and burglary. On appeal, the appellant contends that the evidence corroborating the testimony of his two accomplices is insufficient to sustain his convictions. REVERSED AND DISMISSED. URL:http://www.tba.org/tba_files/TCCA/PRICECL_OPN.WP6 STATE OF TENNESSEE vs. CHRISTOPHER LEE PRICE Court:TCCA For the Appellant: For the Appellee: Guy T. Wilkinson Charles W. Burson District Public Defender Attorney General and Reporter W. Jeffery Fagan Asst. District Public Defender Clinton J. Morgan Post Office Box 663 Assistant Attorney General Camden, TN 38320 Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 Robert "Gus" Radford District Attorney General Post Office Box 686 Huntingdon, TN 38344 Judge: HAYES First Paragraph: The appellant, Christopher Lee Price, was found guilty by a Henry County jury of theft of property over $500 and burglary. On appeal, the appellant contends that the evidence corroborating the testimony of his two accomplices is insufficient to sustain his convictions. REVERSED AND DISMISSED. URL:http://www.tba.org/tba_files/TCCA/PRICE_OPN.WP6
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