TBALink Opinion-Flash

August 9, 1996 -- Volume #2 -- Number #73

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.

This Issue IN THIS ORDER:
00-New Opinons From TSC
00-New Opinons From TSC-Rules
00-New Opinons From TSC-Workers Comp Panel
07-New Opinons From TCA
01-New Opinons From TCCA

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George Dean
TBALink Chief Editor


MARTIN H. AUSSENBERG 
v. 
BRUCE S. KRAMER, DAVID J. COCKE, AND BOROD AND KRAMER,

Court:TCA

Attorneys: N/A                         

Judge: HOLLY KIRBY LILLARD, J.

First Paragraph:

ORDER
Appellant Aussenberg has filed a petition for rehearing in this cause.
 Included in the petition is an assertion that Judge Holly Kirby
Lillard should have recused herself from consideration of this matter.
 This assertion is based on Judge Lillards previous employment with
the Defendants/Appellees as a summer law clerk fifteen years ago in
1981.  Appellant Aussenberg contends that Judge Lillards failure to
recuse herself on this basis violates the Tennessee Constitution and
the Code of Judicial Conduct.

URL:http://www.tba.org/tba_files/TCA/AUSSENB.ORD.WP6
Opinion-Flash

ROBERT COX, Administrator of the Estate of Linda Cox Johnson,
Deceased,
v.
GENERAL CARE CORP.  d/b/a HCA REGIONAL HOSPITAL OF JACKSON, BEVERLYANN
JETTON, NURSE, SHEWANNA MACKEY, RECEPTIONIST, and JOSEPH RAGON M.D.,

Court:TCA

Attorneys: N/A                          

Judge: HOLLY KIRBY LILLARD, J.

First Paragraph:

ORDER
Appellant has filed a Motion to Rehear Pursuant to Rule 39 of the
Tennessee Rules of Appellate Procedure.  In the Motion, Appellant
contends that the Opinion of this Court was based on an incorrect
application of the law.  Noting that the Opinion states that neither
Appellants original Complaint or the proposed Amended Complaint
allege negligence with respect to laboratory tests conducted on the
deceased, Appellant asserts that he was erroneously required to state
a legal theory, not simply facts from which a legal theory can be
inferred.

URL:http://www.tba.org/tba_files/TCA/COXROBT.ORD.WP6
Opinion-Flash

SUSIANA DIXON, bnf & Niece of MARTHA J. MOSES, 
v.      
JOHNNIE STREET, ROBERT C. IRBY, 

Court:TCA

James M. Gulley, R. Linley Richter, Jr., 
Law Offices of Seymour S. Rosenberg, of Memphis
For Appellant

Ronald D. Krelstein of Memphis
For Appellee

Judge: W. FRANK CRAWFORD,

First Paragraph:

This case involves an award of guardian ad litem fees.  Appellant,
Martha J. Moses, conservator of the person of Susiana Dixon, appeals
the trial courts order  made final pursuant to Rule 54.02 awarding a
money judgment against her in the sum of $3,127.00 in favor of
appellee Robert C. Irby, guardian at litem for Susiana Dixon.
    
URL:http://www.tba.org/tba_files/TCA/DIXONSUS.OPN.WP6
Opinion-Flash

CASSANDRA HUGHLETT, 
v.
SHELBY COUNTY HEALTH CARE CORPORATION, REGIONAL MEDICAL CENTER AT
MEMPHIS a/k/a THE MED, ET AL,

Court:TCA

Gavin M. Gentry of Memphis
For Defendant-Appellant

Louis P. Chiozza, Jr., of Memphis
For Plaintiff-Appellee
                        
Judge: W. FRANK CRAWFORD

First Paragraph:

The sole issue in this case is whether a plaintiff in a medical
malpractice action may recover from a defendant health care provider
the amount of plaintiffs medical expenses paid by the Tennessee
Medicaid program which is a part of the federal social security
program.

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

NINA ALICE KIMBLE,v. MICHAEL WAYNE KIMBLE,  

Court:TCA

Michael L. Agee,
AGEE & AGEE, Bartlett, Tennessee
Attorney for Respondent/Appellant.

Kathryn A. King,
SHEA, KING & LANDERS, Memphis, Tennessee
Attorney for Petitioner/Appellee.
                          
Judge: FARMER, J.

First Paragraph:

The gravamen of this appeal is child support.  Nina Alice Kimble and
Michael Wayne Kimble were married in 1985, divorced in 1992 and will
be referred to as Wife and Husband, respectively.  When they married,
Wife had a son from a previous marriage and Husband a daughter. 
Husband adopted the son but Wife did not adopt the daughter.

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

BILLY GWIN MITCHELL,            
v.
SAM F. COLE, JR., Substitute Trustee, ESTATE OF PRUDENCE REYNOLDS, and
GERALD W. PICKENS, Administrator CTA,

Court:TCA

JAMES STEPHEN KING and ARTHUR E. QUINN, Bogatin, Lawson & Chiapella,
Memphis, Attorneys for Plaintiff/Counter-Defendant/Appellee.

SAM F. COLE, JR., Memphis, Attorney for
Defendants/Counter-Plaintiffs/Appellants.

Judge: TOMLIN, Sr. J.

First Paragraph:

The original plaintiff in this case, Billy Gwin Mitchell (plaintiff
or Mitchell) filed suit in the Chancery Court of Shelby County
seeking to enjoin the foreclosure of a deed of trust.  Named as
defendants were Sam F. Cole, Jr., Substitute Trustee of the Estate of
Prudence Reynolds, and Gerald W. Pickens, Administrator CTA
(defendants or by name).  Defendants filed an answer and a
counter-complaint in which they contended, among other things, that
the records of Mitchells Chapter 11 bankruptcy case reflected
Mitchells confirmed amended plan of reorganization mandated that
Mitchell pay the mortgage indebtedness to Ms. Reynolds in accordance
with the terms of the promissory note.  As counter-plaintiffs, Cole
and Pickens sought a money judgment for the principal balance due and
owing on the note, plus accrued interest and attorneys fees and
costs. 

URL:http://www.tba.org/tba_files/TCA/MITCHELB.OP2.WP6
Opinion-Flash

STATE OF TENNESSEE, EX REL ROBERT F. SMITH, COMMR., DEPT. OF HIGHWAYS,
FOR AND ON BEHALF OF SAID DEPARTMENT,
v.
C. W. SIMPSON, a/k/a CHARLIE SIMPSON, JR.,

Court:TCA

THOMAS E. HANSOM
Memphis, Tennessee
Attorney for Defendant/Appellant

CHARLES W. BURSON
Attorney General & Reporter
MICHAEL E. MOORE
Solicitor General
Nashville, Tennessee

LARRY M. TEAGUE
Senior Counsel for the Attorney General
CAROLYN PIPHUS
Assistant Attorney General
Jackson, Tennessee
Attorneys for Petitioner/Appellee                        

Judge: ALAN E. HIGHERS, J.

First Paragraph:

The Court below held defendant in civil contempt for violating a
permanent injunction that prohibited him from obstructing the
right-of-way on a state highway.  Defendant has appealed and takes
issue with the trial courts denial of his motion to dismiss and with
the sufficiency of the judgment.  We have determined that the record
supports the trial courts finding of civil contempt and, therefore,
we affirm.

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

STATE OF TENNESSEE, v. ROGER DALE HILL, SR.,

Court:TCCA

FOR THE APPELLANT:               FOR THE APPELLEE:

SHARA A. FLACY                  CHARLES W. BURSON
Public Defender                 Attorney General & Reporter

WILLIAM C. BRIGHT               CLINT J. MORGAN
Asst. Public Defender           Counsel for the State
209 W. Madison St.              450 James Robertson Pkwy.
P.O. Box 1208                   Nashville, TN  37243-0493
Pulaski, TN   38478             
     (On Appeal)                MIKE BOTTOMS
                                District Attorney General
WILLIAM C. BRIGHT
    -and-                       RICHARD DUNAVANT
JOHN P. DAMRON                  Asst. District Attorney General
Asst. Public Defenders          P.O. Box 304        
209 W. Madison St.              Pulaski, TN   38478
P.O. Box 1208                               
Pulaski, TN   38478
                         
Judge: JOHN H. PEAY,

First Paragraph:

The defendant was indicted for aggravated rape.  After a jury trial,
he was convicted of aggravated sexual battery.  Following his
sentencing hearing, the defendant was sentenced as a Range I, standard
offender, to twelve years.  He was also assessed a twenty-five
thousand dollar ($25,000) fine.

URL:http://www.tba.org/tba_files/TCCA/HILLRD.OPN.WP6

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