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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LUCILLE BESKE, v. OPRYLAND USA, INC., Court:TCA Tracy Shaw HOWELL & FISHER Nashville, Tennessee Larry D. Ashworth ASHWORTH & HIGH Nashville, Tennessee ATTORNEYS FOR PLAINTIFF/APPELLEE Dianna Baker Shew FARRIS, WARFIELD & KANADAY Nashville, Tennessee ATTORNEY FOR DEFENDANT/APPELLANT First Paragraph: The defendant, Opryland USA, Inc., has appealed from a judgment in favor of the plaintiff, Lucille Beske in the amount of $125,000 for personal injuries sustained in a fall on the premises of defendant. The jury awarded plaintiff $200,000, but the Trial Judge suggested a remittitur of $75,000 which was accepted by the plaintiff without protest. The Trial Judge also awarded plaintiff judgment for $1,404.50 discretionary costs. URL:http://www.tba.org/tba_files/TCA/BESKE.OPN.WP6 SOPHIA J. GIBBONS, v. LORETTA SCHWARTZ-NOBEL, ET. AL., Court:TCA Sophia J. Gibbons, Pro Se Plaintiff/Appellant Shelby R. Grubbs, James T. Williams, MILLER & MARTIN, Chattanooga, Tennessee Attorneys for Defendant/Appellee, Professional Media Service Corporation Douglas R. Pierce, Mary M. Collier, KING & BALLOW, Nashville, Tennessee Attorneys for Defendants/Appellees, Villard Books (which is a division of Random House, Inc.), Random House, Inc. of New York, Random House, Inc. of Canada, Ltd., Walden Book Company, Inc., Loretta Schwartz-Nobel, Columbia TriStar Home Video, Inc. Mark Sennett, and Columbia Pictures Industries, Inc. Deanna C. Bell, Nashville, Tennessee Attorney for Defendant/Appellee, Regina Twigg First Paragraph: This appeal stems from a lawsuit filed by Appellant, Sophia Joanne Gibbons, alleging libel, invasion of privacy and a violation of Tennessee's Personal Rights Protection Act, T.C.A. 47 25-1101 et. seq., by the various Appellees for their respective parts in either the publication and dissemination of a book entitled The Baby Swap Conspiracy or the later telecasting and distribution of a related video, entitled Switched At Birth. URL:http://www.tba.org/tba_files/TCA/GIBBONSS.OPN.WP6 RAYMOND GREGORY, v. LAURA SUE GREGORY, Court:TCA Jack B. Henry of Pulaski For Appellant James S. Kidd and James B. Cox of Fayetteville For Appellee First Paragraph: This appeal involves a suit to determine ownership of an 18.5 acre tract of land located in Lincoln County, Tennessee. The facts are as follows. URL:http://www.tba.org/tba_files/TCA/GREGORYR.OPN.WP6 NEW LIFE CORPORATION OF AMERICA, v. THOMAS NELSON, INC., Court:TCA Michael L. Dagley, David A. French of Farris, Warfield & Kanaday in Nashville For Appellant Jon D. Ross, A. Scott Ross of Neal & Harwell in Nashville For Appellee First Paragraph: Plaintiff, New Life Corporation of America (New Life), appeals from the order of the trial court which granted summary judgment to defendant, Thomas Nelson, Inc. (Nelson). URL:http://www.tba.org/tba_files/TCA/NEWLIFE.OPN.WP6 KAYLA NICOLE NUNLEY, v. ESTATE OF BILLY G. NUNLEY, Court:TCA THOMAS H. WARE WARE & CRAWFORD Nashville, Tennessee Attorney for Plaintiff/Appellee ANN BUNTIN STEINER STEINER & STEINER Nashville, Tennessee Attorney for Defendant/Appellee DAN R. ALEXANDER Nashville, Tennessee Attorney for Defendant/Appellant First Paragraph: This case involves the ownership of the mechanical royalty rights to a catalogue of songs written by the appellant, Earl Montgomery. The appellee, Kayla Nicole Nunley, contends that her late husband, Billy Gene Nunley, purchased the right to collect those royalties from Mr. Montgomery in 1975. Mr. Montgomery testified that he never sold the rights, and that he did not even know Mr. Nunley. He claims that the Nunleys were guilty of converting the funds derived from his ownership rights. URL:http://www.tba.org/tba_files/TCA/NUNLEY.OPN.WP6 OVERLAND INDUSTRIAL LUBRICANT CORPORATION, d/b/a ASCO SANITATION, v. CITY OF WAYNESBORO, CITY OF COLLINWOOD, CITY OF CLIFTON, AND HOUSEHOLD AND COMMERCIAL GARBAGE, INC., Court:TCA W. ANDREW YARBROUGH Waynesboro, Tennessee Attorney for Plaintiff/Appellant GEORGE G. GRAY JAMES Y. ROSS Waynesboro, Tennessee Attorneys for Defendants/Appellees Cities of Waynesboro, Collinwood and Clifton RANDY HILLHOUSE Lawrenceburg, Tennessee Attorney for Defendant/Appellee Household and Commercial Garbage, Inc. First Paragraph: This is a dispute over a contract to provide garbage and industrial waste collection in three Wayne County cities. The contractor sued the three cities for failing to prevent a rival contractor from providing the same services to some residents of each city and sued the rival contractor for inducing a breach of contract, for misrepresentation, and for interference with business relations. After a bench trial the Chancery Court of Wayne County dismissed the complaint. We affirm. URL:http://www.tba.org/tba_files/TCA/OVERLAND.OPN.WP6 LARRY D. RUSSELL, v. CRIMINAL COURT JUDGE JOSEPH B. DAILEY DIVISION (5) Court:TCA Larry D. Russell Cold Creek Correctional Facility Henning, Tennessee Pro Se Charles W. Burson Attorney General and Reporter Mary M. Bers Assistant Attorney General & Reporter Attorney for Appellee First Paragraph: This cause came to be heard upon the Rule 3 appeal by appellant Larry Russell from the Order of the trial court dismissing his claim against appellee Dailey for failure to state a claim and lack of jurisdiction. URL:http://www.tba.org/tba_files/TCA/RUSSELLL.WPD.WP6 SYBLE B. STEPHENSON, v. WILBER D. STEPHENSON, Court:TCA ROBERT D. MASSEY Pulaski, Tennessee ATTORNEY FOR PLAINTIFF/APPELLANT Paul Bates Christopher V. Sockwell BOSTON, BATES & HOLT Lawrenceburg, Tennessee ATTORNEYS FOR DEFENDANT/APPELLEE First Paragraph: In this divorce proceeding, the plaintiff, Syble B. Stephenson, has appealed from a judgment entered by the Trial Court on April 11, 1995, overruling a motion to alter or amend a judgment previously entered on November 14, 1994, dealing with distribution of marital property and indebtedness thereon, child support arrearage, future child support and medical expenses, visitation and possession of a list of personal belongings. URL:http://www.tba.org/tba_files/TCA/STEPHEN.OPN.WP6 UNITED PHYSICIANS INSURANCE RISK RETENTION GROUP, by and through DOUGLAS M. SIZEMORE, Commissioner of Commerce and Insurance for the State of Tennessee and Liquidator for United Physicians Risk Retention Group, v. UNITED AMERICAN BANK OF MEMPHIS, Court:TCA For the Plaintiff/Appellant: For the Defendant/Appellee: William B. Hubbard Ronald Lee Gilman Weed, Hubbard, Berry Farris, Mathews, Gilman, & Doughty Branan & Hellen Nashville, Tennessee Memphis, Tennessee John Knox Walkup Gullett, Sanford, Robinson & Martin Nashville, Tennessee First Paragraph: This appeal arises from the liquidation of an insolvent captive insurance company. The Commissioner of Commerce and Insurance, acting as the insurance companys liquidator, filed a petition in the Chancery Court for Davidson County seeking to avoid an $800,000 transfer made by the insurance company to pay off an outstanding bank loan. The bank moved to dismiss the commissioners petition because the challenged transfer occurred outside of the avoidance period in Tenn. Code Ann. 56-9-317(a)(2)(B) (1994). The trial court granted the motion, and the commissioner has appealed. We affirm the trial courts decision. URL:http://www.tba.org/tba_files/TCA/UNITED.OPN.WP6 GLORIA JEAN WOOLFORK v. HAMPTON INNS, INC., and PHILLIP H. MCNEILL and R. BRAD MARTIN, d/b/a JACKSON INNS, LTD., Court:TCA JAY DEGROOT and PATRICK N. PARKER, Garrety & Sanders, Jackson, Attorneys for Plaintiff/Appellee JAMES A. HOPPER, Hopper, & Plunk, Savannah, Attorney for Defendants/Appellants First Paragraph: Gloria Jean Woolfork (plaintiff) filed suit in the Circuit Court of Madison County against Phillip H. McNeil and R. Brad Martin, d/b/a Jackson Inns, Ltd., seeking damages for her personal injuries allegedly caused by defendants negligence. The case was tried before a jury, which returned a verdict in favor of plaintiff. Although defendants have raised several issues on appeal, the pivotal issue in this case is whether the trial court properly performed his function as a thirteenth juror in denying defendants motion for a new trial. After reviewing this record, we are of the opinion that he did not, and we reverse and remand this case for a new trial. URL:http://www.tba.org/tba_files/TCA/WOOLFORK.OPN.WP6 STATE OF TENNESSEE, v. JAMES JILES FIELDS, III, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: JOSEPH S. OZMENT CHARLES W. BURSON 100 N. Main, Suite 3010 Attorney General and Reporter Memphis, TN 38103 CHARLOTTE H. RAPPUHN Assistant Attorney General JOHN W. PIEROTTI District Attorney General JANET NICHOLS Asst District Attorney General First Paragraph: This is an appeal pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. The Defendant appeals from the judgment of the trial court denying him post-conviction relief. The trial court determined that the Defendant's petition was barred by the statute of limitations. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/FIELDS.OPN.WP6 STATE OF TENNESSEE, v. TRAVIS LEE HARDY, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: RICHARD W. DEBERRY CHARLES W. BURSON Assistant Public Defender Attorney General and Reporter 24th Judicial District P.O. Box 663 RUTH A. THOMPSON Camden, TN 38320 Assistant Attorney General ROBERT RADFORD District Attorney General JOHN OVERTON Asst District Attorney General First Paragraph: The Defendant, Travis Lee Hardy, appeals as of right from a judgment of the trial court revoking his community corrections sentence and requiring him to serve in confinement the sentence previously imposed. The revocation was predicated on the Defendant's failure to make his monthly payment for his fines and court costs, his failure to make a monthly payment for restitution, and his failure to pass a random drug and alcohol screening. URL:http://www.tba.org/tba_files/TCCA/HARDY.OPN.WP6 STATE OF TENNESSEE, v. CLARENCE YOUNG, Court:TCCA For the Appellant: For the Appellee: Walker Guinn Charles W. Burson Asst. Public Defender Attorney General/Reporter 201 Poplar Ave. Memphis, TN 38103 Charles W. Bell, Jr. (on appeal) Asst. District AG Betty J. Thomas Charlotte H. Rappuhn Asst. Public Defender Assistant AG (at trial) John W. Pierotti District AG First Paragraph: The appellant, Clarence Young, was convicted of attempted first degree murder, a class A felony, and he was sentenced as an especially mitigated offender to thirteen and one half years in the Department of Correction. On this appeal as of right, he challenges the sufficiency of the evidence and the trial court's failure to instruct the jury on the defense of voluntary intoxication. URL:http://www.tba.org/tba_files/TCCA/YOUNGC.OPN.WP6
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