TBALink Opinion-Flash

March 18, 1996 -- Volume #2 -- Number #28 Opinion-Flash

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.

This Issue:
New Opinons From TSC : 1
New Opinons From TCA : 6
New Opinons From TCCA : 2
New Opinons From AG : Pending

There are three ways to get the full opinion from the Web: (TBALink members only)

  • 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.

  • *NEW* Browse the Opinion List area of TBALink. This option will allow you to download the original WP 6.0 document. version of the opinion.

  • Click the URL Link at end of each Opinion Paragraph below. This option will allow you to download the original WP 6.0 document.

Jim Moore
TBALink Co-Chief Editor
Opinion-Flash

IN RE:  Tennessee Supreme Court Rule 8, Disciplinary Rules
2-101 and 2-104

Court:TSC

Attonreys:N/A
                        
First Paragraph:

O R D E R - Upon review and consideration of the comments
received from the public at large, members of the bar, and
the judiciary, and pursuant to the Courts inherent
authority to regulate the practice of law, Tennessee Supreme
Court Rule 8, Disciplinary Rules 2-101 and 2-104 are hereby
amended by deleting subsection (N) of Disciplinary Rule
2-101 in its entirety; and by deleting Disciplinary Rule
2-104 in its entirety and substituting instead the
following:...

URL:http://www.tba.org/tba_files/TSC/D2104.RUL.WP6
Opinion-Flash

LARRY CARTER and wife, PATSY L CARTER, A.L. DUCKWORTH, JR.,
WILLIAM BEACH, LYMAN KING, DEAN LANDERS, LILLIAN PETERS,
JAMES D. KEY and wife, ESTA KEY, GYLE CARTER and wife, BETSY
CARTER, DOUG FRESHOUR and wife, WANDA FRESHOUR, ROBERT H.
CREMINS, EVERETTE DIXON and wife, CINDY DIXON, CARL DIXON
and wife, LUCILLE DIXON, ETHEL S. EDWARDS, CLAUDE DIXON and
wife, ZELMA DIXON, and FRANK DUNAWAY and wife, KATE DUNAWAY,
v.
BOBBY JOE ADAMS and wife, VIOLA H. ADAMS, COLLINS
ENTERPRISES, INC., and GREEN COUNTY, TENNESSEE,

Court:TCA

J. RONNIE GREER, Greeneville, for Plaintiffs-Appellees.

K. KIDWELL KING, JR., KING & KING, Greeneville, for
Defendants Appellants Bobby Joe Adams and wife, Viola H.
Adams, and Collins Enterprises, Inc.

ROGER A. WOOLSEY, Greeneville, for Appellant Greene County,
Tennessee.
                      
First Paragraph:

In this action the Chancellor declared invalid Greene
Countys rezoning of certain properties, and the County and
the owners of the property have appealed.

URL:http://www.tba.org/tba_files/TCA/CARTERET.OPN.WP6
Opinion-Flash

CONTINENTAL INSURANCE COMPANY, Subrogee of Entertainment
Technical Services, Inc.,
v.
M. T. GOSSETT,

Court:TCA

J. MATTHEW POWERS, Leitner, Warner, Moffitt, Williams,
Dooley, Carpenter, & Napolitan, Nashville, Attorneys for
Plaintiff/Appellee

RUDICK J. MURPHY, II, Blackard & Murphy, Nashville,
Attorneys for Defendant/Appellant
                      
First Paragraph:

Continental Insurance Company (plaintiff) as subrogee of
Entertainment Technical Services, Inc. (Entertainment or
insured) filed suit in the Circuit Court of Davidson
County against M.T. Gossett (defendant) for damages
sustained as a result of defendants negligence.  Following
a bench trial, the trial court awarded plaintiff damages in
the amount of $11,308.09 plus attorneys fees in the amount
of $2,500.00.  Defendant presents three issues for review on
appeal: (1) whether the evidence preponderates against the
judgment of the trial court that plaintiff was entitled to
recover damages from defendant; (2) whether the trial court
erred in awarding plaintiff attorneys fees; and (3) whether
the trial court erred in allowing plaintiffs first witness
to remain in court as its representative following his
testimony.  For the reasons hereinafter stated, we reverse
the action of the court in awarding plaintiff attorney fees
and otherwise affirm.

URL:http://www.tba.org/tba_files/TCA/CONTINEN.OPN.WP6
Opinion-Flash

STACY P. JARRETT HARVEY and HOID QUARLES,
v.
ANDREW GUY FULMER and RHETT BUTLER TRUCKING, INC.,

Court:TCA

JOHN T. RICE
Chattanooga, Tennessee
Attorney for Appellants

CLAYTON M. WHITTAKER
Chattanooga, Tennessee
Attorney for Appellee Stacy P. Jarrett Harvey

First Paragraph:

Plaintiff-Appellee, Stacy P. Jarrett Harvey, sued
Defendants-Appellants, Andrew Guy Fulmer and Rhett Butler
Trucking, Inc., for injuries sustained in an automobile
accident which occurred in Hamilton County, Tennessee.  The
lower court directed a verdict against the Appellants on the
issue of liability and sent the case to the jury on the
issue of damages only.  The jury returned with a verdict of
$40,000 in favor of Ms. Harvey. The trial court overruled
Appellants' Motion for a New Trial and Remittitur.  This
appeal followed.

URL:http://www.tba.org/tba_files/TCA/HARVEYSP.OPN.WP6
Opinion-Flash

RAYMOND LINDSEY and JOHNNIE FAYE LOWE, v. EUGENE LINDSEY,

Court:TCA

EUGENE B. DIXON
KOELLA & DIXON ATTORNEYS
Maryville, Tennessee
Attorney for Appellant

PHILLIP REED
REED & HICKMAN, P.A.
Maryville, Tennessee
Attorney for Appellees
                        
First Paragraph:

This case involves an unfortunate dispute between a father
and his children.  Plaintiffs, Raymond Lindsey and Johnnie
Faye Lowe, brought suit for an injunction pursuant to T.C.A.
29-23-201 (Michie 1980).  Plaintiffs sought to prevent
their father, Defendant Eugene Lindsey, from bringing
foreclosure proceedings on a note and deed of trust covering
certain real property located in Blount County, Tennessee. 
The trial court granted Plaintiffs request for an
injunction, and Defendants perfected the present appeal.

URL:http://www.tba.org/tba_files/TCA/LINDSEYE.OPN.WP6
Opinion-Flash

RICHARD J. ROBERTS and ELIZABETH A. ROBERTS, 
v. 
FEDERAL EXPRESS CORPORATION,

Court:TCA

LARRY E. PARRISH
PARRISH, SHAW & BRANDON
Memphis, TN 
Attorney for the Plaintiff/Appellant

CHARLES W. HILL             .
ROBERT B.C. HALE            
WARING COX                  
Memphis, TN
    
KAPLAN & BEGY
ROBERT C. VON OHLEN, JR     
JOHN B. AUSTIN
Chicago, IL

JAMES R. MULROY II
FEDERAL EXPRESS CORP.
Memphis, TN 
Attorneys for Defendant/Appellee
                        
First Paragraph:

This malicious prosecution action involves the question of
whether the defendant had probable cause to institute
criminal proceedings against the plaintiff, a former
employee.

URL:http://www.tba.org/tba_files/TCA/ROBERTSR.OPN.WP6
Opinion-Flash

DOUGLAS B. YOUNG d/b/a CITY TILE,  
v.
JAMES BROWN,
v.
JIMMY C. POPE, and wife, JANICE E. POPE,

Court:TCA

PATRICK J. MCHALE
Brentwood, Tennessee
Attorney for Appellants

ROYCE TAYLOR
Murfreesboro, Tennessee
Attorney for Appellee, James Brown
 
RICK G. MANSFIELD
Murfreesboro, Tennessee
Attorney for Appellee, Douglas Young d/b/a City Tile
                             
First Paragraph:

The plaintiff, Douglas B. Young, d/b/a City Tile, sued the
defendants, Jimmy and Janice Pope, and their contractor,
James Brown, to recover the balance due on materials
furnished for the construction of the Popes' home and to
enforce a mechanic's  lien on the Popes' property.  Brown
cross-claimed against the Popes for the balance allegedly
due on the construction contract.  Following a hearing on
the matter, the trial court entered judgment in favor of
Young against Brown in the amount of $6,457.52, held that
the Popes were jointly and severally liable to Young for
$4,948.30, and held that the Popes were liable to Brown for
$7,250.00.  The Popes have appealed, alleging that the trial
court erred in calculating damages.  For the reasons stated
below, we affirm the judgment of the trial court.

URL:http://www.tba.org/tba_files/TCA/YOUNGDB.OPN.WP6
Opinion-Flash

STATE OF TENNESSEE, v. LAWRENCE SHELTON,    

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

Greg W. Eichelman           Charles W. Burson
Public Defender             Attorney General and Reporter
Morristown, TN              
                            Michelle L. Lehmann
                            Assistant Atty. Gen. & Reporter
                            
                            C. Berkeley Bell
                            District Attorney General

                            Cecil C. Mills, Jr.                                     
                            Asst District Attorney General
                                
                            Eric D. Christiansen
                            Asst District Attorney General
                        
First Paragraph:

The appellant, Lawrence Shelton, appeals as of right the
judgment of convictions of assault and criminal trespass
entered against him by the Criminal Court of Greene County.
He argues on appeal that: (1)   Count one of a two-count
indictment brought against him was not endorsed as "a True
Bill" and was therefore invalid.(2) The evidence adduced
at trial was insufficient to support the jury's
verdict.(3) The sentence imposed by the trial court was
excessive

URL:http://www.tba.org/tba_files/TCCA/SHELTONL.OPN.WP6
Opinion-Flash

STATE OF TENNESSEE, v. ROBERT ANTHONY MESSER,

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

B. C. MCINTURFF             CHARLES W. BURSON
Kingsport, TN               Attorney General and Reporter

                            MICHAEL J. FAHEY, II
                            Assistant Attorney General

                            GREELEY WELLS
                            District Attorney General

                            ROBERT MONTGOMERY
                            Asst District Attorney General
                            
First Paragraph:

The Defendant, Robert Anthony Messer, appeals as of right
from the judgment of the trial court which found him to be
in violation of the terms of his probation.  The Defendant
argues that the trial judge abused his discretion in
revoking the Defendants probation.  We disagree and affirm
the judgment of the trial court.

URL:http://www.tba.org/tba_files/TCCA/MESSER.OPN.WP6
Opinion-Flash

Feel free to forward this Opinion-Flash on to any attorney you know of with an internet address, who is not a TBALink member. To Join TBALink - Http://www.tba.org/join.html/

Would you like to receive the TBALink Opinion-Flash each day via e-mail?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE
3) Leave the body of the message blank

Non TBA members are WELCOME to subscribe...it's free!!

Would you like to STOP receiving the TBALink Opinion-Flash?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: UNSUBSCRIBE
3) Leave the body of the message blank

Opinion-Flash

Return to the TBALink Home Page