TBALink Opinion-Flash

April 11, 1996 -- Volume #2 -- Number #35 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 : 7
New Opinons From TCCA : 2
New Opinons From AG : Pending

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Jim Moore
TBALink Co-Chief Editor
Opinion-Flash


IN RE: ESTATE OF MARY T. AUSTIN, Deceased, 
ELIZABETH T. AUSTIN,
v.
CHRISTY N. AUSTIN AND ROBERT C. AUSTIN, JR.,

Court:TSC

For Beneficiary-Appellant:      For Beneficiaries-Appellees:

Craig V. Gabbert, Jr.           John A. Walker, Jr.
L. Glenn Worley                 Walker & Walker, P.C.
Harwell, Howard, Hyne,          Knoxville
Gabbert & Manner, P.C.
Nashville                       Bernard E. Bernstein
                                James W. Parris
Jack W. Robinson, Sr.           Bernstein, Stair & McAdams
Gullett, Sanford, Robinson      Knoxville
& Martin
Nashville
                        
First Paragraph:

This case presents for review the decision of the probate
court , affirmed by the Court of Appeals, that the personal
representative in this case may, in his discretion,
distribute certain corporate stock in kind rather than sell
the stock and distribute the proceeds.  The decision
misconstrues applicable law and is reversed.

URL:http://www.tba.org/tba_files/TSC/AUSTINMT.OPN.WP6
Opinion-Flash

PEGGY BALL, 
v. 
G. W. HUBBARD HOSPITAL of MEHARRY MEDICAL COLLEGE,

Court:TCA

T. J. EMISON, JR.
P. O. Box 13
Alamo, Tennessee 38001
ATTORNEY FOR PLAINTIFF/APPELLANT

CYRUS L. BOOKER
CARLA G. FOX
Booker & Associates
First American Center
315 Deaderick Street, Suite 1280
Nashville, Tennessee 37238-1280
ATTORNEYS FOR DEFENDANT/APPELLEE
                        
First Paragraph:

This is an appeal by plaintiff, Peggy Ball, from the trial
courts order granting the motion for summary judgment of
defendant, G. W. Hubbard Hospital of Meharry Medical
College, and dismissing plaintiffs complaint.

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

RILEY E. TURNER, AS ADMINISTRATOR OF THE ESTATE OF MARGARET
BENEFIELD,
v.
STATE OF TENNESSEE, 

Court:TCA

J. P. Bradley of Waverly
For Appellant

George H. Coffin, Assistant Attorney General
For Appellee
                     
First Paragraph:

Plaintiff Riley E. Turner, administrator of the estate of
Margaret Benefield, appeals from the order of the Tennessee
Claims Commission that dismissed his suit for the wrongful
death of Ms. Benefield.

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

NATIONSBANK, v.FREDERICK N. CLEGG, SR., 

Court:TCA

RON CUNNINGHAM
P. O. Box 1
Knoxville, Tennessee 37901
ATTORNEY FOR PLAINTIFF/APPELLANT

BRADLEY A. WILSON
Parkway Towers, Suite 1400
404 James Robertson Parkway
Nashville, Tennessee 37219
ATTORNEY FOR DEFENDANT/APPELLEE
                        
First Paragraph:

On February 16, 1994, Nationsbank sued the Appellee,
Frederick Clegg, for a deficiency resulting from the sale of
collateral used in an installment loan.  The chancery court
concluded that Nationsbank did not dispose of the collateral
in a commercially reasonable manner, and denied it recovery.

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

TAMMY RUSHING GREENE, v. BRYAN LYNN GREENE, 

Court:TCA

John W. Cleveland, Cleveland & Cleveland
of Sweetwart, for Appellant

William A. Buckley, Jr., of Athens
For Appellee
                        
First Paragraph:

This is a child custody case.  Bryan L. Greene (Father) and
Tammy Rushing Greene, now Harris (Mother), were divorced by
decree entered June 2, 1988.  The decree incorporated a
prior Marital Dissolution Agreement, which granted custody
of the parties' minor child, Sara Ann Greene, to  Mother,
with liberal visitation rights to Father.  On September 15,
1994, Father filed a petition seeking custody, alleging a
material change in circumstances.  After an evidentiary
hearing on March 10, 1995, the trial court granted Father's
Petition for Change of Custody.  Mother has appealed, and
the only issue is whether the trial court erred in ordering
a change of custody.

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

RETHA LAMAR HUSSEY, v. GEORGE WILLIAM HUSSEY,   

Court:TCA

ROSEMARY E. PHILLIPS
First American Center
Suite 2395
315 Deaderick Street
Nashville, Tennessee  37238
ATTORNEY FOR PLAINTIFF/APPELLEE

MACLIN P. DAVIS, JR.
DARWIN A. HINDMAN, III
1700 Nashville City Center
511 Union Street
Nashville, Tennessee  37219
ATTORNEYS FOR DEFENDANT/APPELLANT
                        
First Paragraph:

This is an appeal by defendant, George William Hussey
("Husband"), from the trial court's judgment denying his
petition to terminate and/or reduce the alimony which the
trial court had previously ordered him to pay to plaintiff,
Retha Lamar Hussey ("Wife").

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

ROBERT LYNN SEEBER v. JULIA ANN SEEBER, 

Court:TCA

Arthur B. Goddard, Goddard & Gamble of Maryville
For Appellee

G. Kevin Hardin, Butler, Vines & Babb of Knoxville Thomas D.
Dossett, Todd & Dossett of Kingsport Thomas C. Jessee,
Jessee & Jessee of Johnson City For Appellants, Estate of
Julia Ann Seeber by its co-personal representatives, John A.
Thomas, Robert M. Johnston, Ruth Billingsley and Betty
Glascock
                        
First Paragraph:

This appeal involves the disposition of real property as
affected by a Marital Dissolution Agreement between Robert
Lynn Seeber and Julia Ann Seeber.  The facts are as follows.

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

IN RE:                  
T.H., L.H., S.H., and L.H., Children under the age of 18

Court:TCA

For Respondent/Appellant:       For the Petitioner/Appellee:

William Timothy Hill            Charles W. Burson
Nashville, Tennessee            Attorney General / Reporter

                                Michelle K. Hohnke
                                Assistant Attorney General
                        
First Paragraph:

This appeal involves the termination of the parental rights
of a father who physically or sexually abused his four
daughters and his step-daughter.  After removing the
children from their home and placing them in foster care,
the Department of Human Services petitioned the Davidson
County Juvenile Court to terminate the fathers parental
rights.  The juvenile court determined that the father had
committed severe child abuse and terminated his parental
rights with regard to his four biological children.  The
father asserts on this appeal that the juvenile court should
not have admitted evidence of the outcome of related
criminal and civil proceedings because these dispositions
were on appeal at the time of the juvenile court hearing. 
We find that the juvenile court properly admitted and
considered these records and that the record contains clear
and convincing evidence supporting the juvenile courts
decision to terminate the fathers parental rights. 
Accordingly, we affirm the judgment.

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

STATE OF TENNESSEE, v. LEONARD LEBRON ROSS, 

Court:TCCA

For the Appellant:      For the Appellee:

Larry G. Roddy          Charles W. Burson
Attorney at Law         Attorney General & Reporter
723 McCallie Avenue             
Chattanooga, TN         Rebecca L. Gundt
                        Assistant Attorney General

                        Gary D. Gerbitz
                        District Attorney General

                        William H. Cox, III
                        David W. Denny  
                        Assistant District Attorneys
                        600 Market Street, Suite 310
                        Chattanooga, TN  37402

First Paragraph:

On October 5, 1993, a jury convicted appellant, Leonard
Lebron Ross, of especially aggravated robbery, attempted
second degree murder, and burglary.  As a Range I offender,
appellant was sentenced to twenty-two years for especially
aggravated robbery, ten years for attempted second degree
murder, and three years for burglary.  The trial court
ordered that the sentences be served consecutively.

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

STATE OF TENNESSEE, v. THEODORE J. WADE,

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

DENISE S. TERRY             CHARLES W. BURSON
918 West First North St.    Attorney General & Reporter
P. O. Box 724
Morristown, TN  37814       MICHAEL J. FAHEY, II
                            Asst. Attorney General
                            450 James Robertson Pkwy.                               
                            Nashville, TN  37243-0485
                
                            BERKELEY BELL
                            District Attorney General

                            JOHN F. DUGGER
                            Asst. District Attorney General
                            510 Allison St.
                            Morristown, TN  37814
                       
First Paragraph:

The defendant, Theodore J. Wade, was charged in the
indictment with reckless homicide of Ashley D. Anderson.  On
September 30, 1994, the defendant filed an application for
pretrial diversion with the attorney general's office.  The
attorney general denied this application by a response filed
on November 14, 1994.  The defendant then filed a petition
for a writ of certiorari, which the trial court denied after
a hearing on March 13, 1995.  Pursuant to Rule 9 of the
Tennessee Rules of Appellate Procedure, the defendant sought
and was granted permission to appeal the trial court's
dismissal of his petition.  The sole issue presented in this
appeal is whether the trial court erred in affirming the
decision of the district attorney general to deny pretrial
diversion.  After our review of the record, we affirm the
judgment of the trial court.

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

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