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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SUSAN LEE BARTLEY v. WILLIAM EDGAR BARTLEY, III Court:TCA DAVID M. SIBLEY, OF CHATTANOOGA, TN, FOR APPELLANT R. DEE HOBBS, OF CHATTANOOGA, TN, FOR APPELLEE Judge: Sanders First Paragraph: The Plaintiff has appealed from the order of the division of marital property in a divorce proceeding where a divorce was granted to the parties pursuant to TCA 36-4-129. URL:http://www.tba.org/tba_files/TCA/BARTLEYS.OPN.WP6 ESTATE OF WALTER BATES, Candy Green, Personal Representative, v. EARL WILLIAMS and wife, GAIL WILLIAMS, Court:TCA B. PRINCE MILLER, JR., Cleveland, for Plaintiff-Appellee. JOE G. BAGWELL, Knoxville, for Defendants-Appellants. Judge: Franks. J. First Paragraph: This dispute arose over the use of a roadway separating the parties properties. The Chancellor determined that defendants had reconstructed the roadway and rendered impassable the remaining portion of the old roadway. The Chancellor was of the opinion that there is a common easement between the parties and concluded: since the defendants have made the improvements, it is not only fair but pertinent that the plaintiffs have the right of ingress and egress over the road, but they will be required to contribute $1,500.00 to the defendants for the work the latter people did in making such repairs. URL:http://www.tba.org/tba_files/TCA/BATESWAL.OPN.WP6 FRANCES TREW CAMPBELL v. MORTIMER LAWRENCE TREW, MORTIMER E. TREW, and ONETA C. TREW Court:TCA W. LEE MADDUX and RONALD D. GORSLINE OF CHATTANOOGA FOR APPELLANT WILLIAM P. BIDDLE, III, and JEFFREY L. CUNNINGHAM OF ATHENS FOR APPELLEES Judge: Goddard, P.J. First Paragraph: This is a family dispute wherein Frances Trew Campbell sues her brother, Mortimer Lawrence Trew, and her parents, Mortimer E. Trew and Oneta C. Trew, seeking to recover an interest in certain real and personal property, as well as an accounting from them as to the rents and profits from the real property and a general store in which she claims to be a partner. URL:http://www.tba.org/tba_files/TCA/CAMPTREW.OPN.WP6 CSJ TRAVEL, INC., v. STEVEN PAYNE, Court:TCA L. Lee Kull, Maryville, For the Appellant David T. Black, Maryville, For the Appellee Judge: INMAN First Paragraph: These parties entered into an employment agreement on August 30, 1993 for an indefinite term. Compensation was to be fixed by the Board of Directors; the defendant agreed to maintain the confidentiality of the employers business records and, for a period of one year after the date of termination of employment and within 250 miles from Maryville, the defendant agreed that he will not, directly or indirectly own, manage, operate control, be employed by, participate in, or be connected in any manner with the ownership, management, operation or control of any travel agency, firm, company or other entity that in any manner solicits business from any of the accounts, clients or customers that are the accounts, clients or customers of Employer or the accounts that Employee, during the term of his employment hereunder, in any manner services, handles, or produces or that are assigned to Employee, or that in any way, directly or indirectly, competes with Employer. URL:http://www.tba.org/tba_files/TCA/CSJ.OPN.WP6 LAURA DAVIS v. JOHNNY DOUGLAS DAVIS Court:TCA MINDY NORTON SEALS OF MORRISTOWN and P. RICHARD TALLEY OF DANDRIDGE AT TRIAL; SARAH Y. SHEPPEARD OF KNOXVILLE ON APPEAL FOR LAURA DAVIS PAUL G. WHETSTONE OF MORRISTOWN FOR JOHNNY DOUGLAS DAVIS Judge: Goddard, P.J. First Paragraph: Laura Davis appeals that portion of a divorce decree which awarded custody of Kristin (minor child of the parties, who was just over three-and-a-half years old at the time of the initial hearing below) to her father, Johnny Douglas Davis. She also contends the Trial Court was in error "in failing to delete from the final judgment those provisions added by husband's counsel but not ordered by the Judge." URL:http://www.tba.org/tba_files/TCA/DAVISLAU.OPN.WP6 JOHN DAVID FENLEY, v. LINDA DIANE McFALL FENLEY, Court:TCA JUDITH FAIN, Erwin, Attorney for Appellant MARK D. SLAGLE, Johnson City, Attorney for Appellee Judge: Susano, J. First Paragraph: This is a post-divorce case. John David Fenley (Father), a psychiatrist, filed a petition for change of custody of the parties child, Caitlin Ann Fenley (DOB: June 8, 1990). At the time of the divorce, the childs custody, by agreement of the parties and approval of the trial court, had been placed with the childs mother, the respondent Linda Diane McFall Fenley (Mother). At the close of Fathers proof, the trial court, acting sua sponte, dismissed the petition. It then went further and modified the visitation rights of Father. Mother, being dissatisfied with the new visitation decree, appealed. URL:http://www.tba.org/tba_files/TCA/FENLEYJD.OPN.WP6 DIANNA FRITTS AND RUTH WILLIAMS, v. JERRY ABBOTT AND LINDA ABBOTT, IN RE: Estate of Charles Williams Court:TCA GERALD C. RUSSELL, Maryville, for Plaintiffs-Appellants. F. D. GIBSON, Maryville, for Defendants-Appellees. Judge: Franks. J. First Paragraph: Plaintiffs are personal representatives of the estate of Charles J. Williams, and brought this action to set aside conveyances Williams made to defendants. After an evidentiary hearing, the Trial Judge, without a jury, entered judgment for defendants and plaintiffs have appealed. URL:http://www.tba.org/tba_files/TCA/FRITTS.OPN.WP6 MARY GASKINS and Husband,KEN GASKINS, v. GILBERT G. STEIN, D.D.S., GILBERT G. STEIN, D.D.S., P.C., DOW CORNING CORPORATION and ST. FRANCIS HOSPITAL, INC. FOUNDATION, Court:TCA Alan R. Wolfe, WILLIAMS, McDANIEL & WOLFE, P.C., Memphis, TN Attorney for Plaintiffs/Appellants. Darrell E. Baker, Jr., SHUTTLEWORTH, SMITH, McNABB & WILLIAMS, Memphis, TN Jerry O. Potter, Memphis, TN Attorneys for Defendants/Appellees, Gilbert G. Stein, D.D.S. and Gilbert G. Stein, D.D.S., P.C. Judge: FARMER, J. First Paragraph: In this dental malpractice action, Plaintiffs-Appellants, Mary K. Gaskins and Ken Gaskins (the Gaskins or Plaintiffs) appeal the trial courts grant of summary judgment in favor of Defendants-Appellants, Gilbert G. Stein, D.D.S., and Gilbert G. Stein, D.D.S., P.C. (Dr. Stein or Defendant) based upon the three-year medical malpractice statute of repose. URL:http://www.tba.org/tba_files/TCA/GASKINSM.OPN.WP6 FAYE GENTRY,v. JENNIFER McGAHA, Court:TCA THOMAS V. TESTERMAN, Newport, for Petitioner-Appellee. WILLIAM LEIBROCK, Newport, for Respondent-Appellant. Judge: Franks. J. First Paragraph: In this action to enforce visitation rights by the paternal grandparents, the Trial Judge ordered visitation and the mother has appealed. URL:http://www.tba.org/tba_files/TCA/GENTRYF.OPN.WP6 MARY KILGORE, v. DONNY R. GARNER, individually and d/b/a Donny R. Garner Insurance Agency and NATIONWIDE INSURANCE COMPANY, Court:TCA Catherine M. White, Chattanooga, For the Appellant Richard A. Smith, Chattanooga, For the Appellee Judge: INMAN First Paragraph: This is an action for damages for sexual harassment in violation of the TN Human Rights Act, T.C.A. 4-21-401, et seq. The defendant Donny Garner owns a small entrepeneurial insurance agency. At times material, he employed three persons. In 1988, he contracted with Nationwide to sell its insurance products exclusively; the contract provided, inter alia, that Mr. Garner had the right to exercise independent judgment as to time, place and manner of soliciting insurance, servicing insurance and otherwise carrying out the terms of the Agreement. URL:http://www.tba.org/tba_files/TCA/KILGOREM.OPN.WP6 KNOXVILLE UTILITIES BOARD v. LENOIR CITY UTILITIES BOARD Court:TCA TERRY G. VANN, CITY ATTORNEY, OF LENOIR CITY, and ROBERT B. LITTLETON and AMANDA HAYNES YOUNG, WITH TRABUE, STURDIVANT & DeWITT, OF NASHVILLE, TN, FOR APPELLANT ROBERT R. CAMPBELL and JAMES M. CORNELIUS, JR., WITH HODGES, DOUGHTY & CARSON, OF KNOXVILLE, TN, FOR APPELLEE Judge: Sanders First Paragraph: The only issue on appeal of this declaratory judgment suit is whether the taking by the City of Knoxville's Utilities Board of the properties of the Lenoir City's Utilities Board, used for the sale and distribution of electricity in an area annexed by the City of Knoxville, is governed by TCA 6-51-111 or TCA 6-51-112. We affirm the holding of the trial court that it is governed by 6-51-111. URL:http://www.tba.org/tba_files/TCA/KNOXUTIL.OPN.WP6 RUTH HALL LANE, v.. ESTATE OF THOMAS ROBERT E. LANE, Deceased, NELLE ANNE JOHNSON LANE, Executrix, and NELLE ANNE JOHNSON LANE, Individually, Court:TCA DOUGLAS M. ANDERSON of ANDERSON & ANDERSON, Knoxville, for Appellant JOHN E. McDONALD of JOYCE, MEREDITH, FLITCROFT & NORMAND, Oak Ridge, and JAMES C. CONE of JENKINS & JENKINS, Knoxville, for Appellees Judge: Susano, J First Paragraph: Ruth Hall Lane (Ruth) filed a petition for widows rights, including an elective share of the estate of Thomas Robert E. Lane (Robert), asserting that she is the surviving spouse of the deceased. In so doing, she challenges the validity of a decree granting Robert an ex parte divorce, said decree being entered on September 29, 1958, by the Trial Justice Court of Anderson County. Roberts will leaves his estate to Nelle Anne Johnson Lane (Nelle), to whom he was married on February 17, 1959, and to whom he remained married until his death on July 29, 1994. URL:http://www.tba.org/tba_files/TCA/LANERH.OP.WP6 SARAH JO PEETE, v. SHELBY COUNTY HEALTH CARE CORPORATION, Court:TCA Ira M. Thomas, Al H. Thomas, THOMAS & THOMAS, Memphis, TN Attorney for Plaintiff/Appellant. Mark S. Norris, Cannon F. Allen, ARMSTRONG ALLEN PREWITT GENTRY JOHNSTON & HOLMES, Memphis, TN Attorney for Defendant/Appellee. Judge: FARMER, J. First Paragraph: In this negligence action, Plaintiff-Appellant, Sarah Jo Peete (Ms. Peete or Plaintiff), appeals the trial courts grant of summary judgment in favor of Defendant-Appellee, Shelby County Health Care Corporation (The Med or Defendant). URL:http://www.tba.org/tba_files/TCA/PEETESJ.OPN.WP6 STATE OF TN, ex rel. STEPHANIE SCOTT v. MARK BROWN Court:TCA CLIFFORD E. WILSON OF MADISONVILLE FOR APPELLANT CHARLES W. BURSON, Attorney General & Reporter, and James H. Tucker, Jr., Assistant Attorney General, OF NASHVILLE FOR APPELLEE Judge: Goddard, P.J. First Paragraph: Mark Brown appeals a judgment of the Circuit Court for Bradley County which found that he was the father of Kara Danielle Stephens, who was born on May 4, 1977, and attained her 18th birthday during the pendency of this suit. URL:http://www.tba.org/tba_files/TCA/SCOTTST.OPN.WP6 JULIA SUTTLES v. STEVE SUTTLES and SIERRA MERRELL Court:TCA PAUL G. WHETSTONE, OF MORRISTOWN, TN, FOR APPELLANT JULIA SUTTLES, PRO SE FOR APPELLEE, OF CHURCH HILL, TN Judge: Sanders First Paragraph: Defendant Steve Suttles appeals from a judgment for contempt of an order of protection granted to the Plaintiff pursuant to TCA 36-3-601, et seq. URL:http://www.tba.org/tba_files/TCA/SUTTLE.OPN.WP6 DANIEL LEROY WORD, v. ALICE ANN WORD, Court:TCA HUBERT D. PATTY, Maryville, for Appellant MARTHA MEARES, Maryville, and JOHN E. McDONALD of JOYCE, MEREDITH, FLITCROFT & NORMAND, Oak Ridge, for Appellee Judge: Susano, J. First Paragraph: This is a divorce case. Daniel Leroy Word, the original plaintiff, appeals. He claims that the trial courts division of the parties property is inequitable; that the court improperly considered fault in dividing the property; that the courts award of lump sum alimony is not appropriate under the factors set forth at T.C.A. 36-5-101(d)(1)(A)-(L); that the court should not have ordered him to pay a portion of his wifes attorney fee; and that the court erred in requiring him to pay the debt on her automobile. He also raises as an issue the failure of the trial court to order the court reporters who attended the trial and other hearings to prepare a transcript of the evidence received at those proceedings. URL:http://www.tba.org/tba_files/TCA/WORDDL.OP.WP6 JAMES E. MARTIN, v. STATE OF TN, Court:TCCA For the Appellant: For the Appellee: Jesse Farr Charles W. Burson Attorney at Law Attorney General and Reporter 707 Georgia Avenue Suite 401, Flatiron Bldg. Chattanooga, TN 37402 Timothy F. Behan Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 William H. Cox III District Attorney General David Denny Asst. District Attorney General 600 Market Street Courts Building Chattanooga, TN 37402 Judge: David G. Hayes First Paragraph: The appellant, James E. Martin, appeals from the Hamilton County Criminal Courts denial of his petition for post-conviction relief. In 1988, the appellant pled guilty to first degree murder and armed robbery. Pursuant to the plea agreement, the trial court imposed two concurrent life sentences. The appellant first contends that his pleas of guilty were not knowing and voluntary, i.e. made with knowledge of the relevant circumstances and likely consequences. King v. Dutton, 17 F.3d 151, 153 (6th Cir.), cert. denied, U.S. , 114 S.Ct. 2712 (1994)(citation omitted). Second, the appellant asserts that appointed counsel were ineffective in failing to ensure that the appellant was capable of understanding the guilty plea proceeding. URL:http://www.tba.org/tba_files/TCCA/MARTINJE.OPN.WP6 STATE OF TN, v. TIM JAMES NORWORD, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: KENNETH L. MILLER CHARLES W. BURSON P.O. Box 191 Attorney General & Reporter Cleveland, TN 37364 HUNT S. BROWN Asst. Attorney General 450 James Robertson Pkwy. Nashville, TN 37243-0493 JERRY N. ESTES District Attorney General JOE REHYANSKY Asst. District Attorney General P.O. Box 191 Cleveland, TN 37364 Judge: JOHN H. PEAY First Paragraph: The defendant was indicted for simple possession of less than one-half ounce of marijuana, possession of drug paraphernalia, and driving on a revoked license. He signed a waiver of his right to a jury trial, entering guilty pleas for all offenses. The defendant reserved a certified question of law regarding the trial courts denial of his motion to suppress all evidence obtained during an alleged illegal investigative stop. In this appeal as of right, the defendant asserts that, since the stop was made without a warrant and without reasonable suspicion, all resulting evidence should be suppressed. URL:http://www.tba.org/tba_files/TCCA/NORWOODT.OPN.WP6 STATE OF TN, v. JOHN DAVID RANKIN, Jr., Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: LAURA RULE HENDRICKS CHARLES W. BURSON Contract Attorney for the Attorney General and Reporter District PD Office 2nd Judicial District TIMOTHY F. BEHAN 810 Henley Street Assistant Attorney General Knoxville, TN 37902 450 James Robertson Parkway Nashville, TN 37243-0493 GREELEY WELLS District Attorney General EDWARD WILSON Assistant District Attorney General Blountville, TN 37617 Judge: JERRY L. SMITH First Paragraph: A Sullivan County Criminal Court jury convicted Appellant John David Rankin, Jr. of failure to appear at the Sullivan County jail on December 15, 1993, to serve sentences imposed for two theft convictions. As a Range II offender, Appellant received the minimum sentence of two years. The trial court ordered the sentence served consecutive to the sentences for theft. In this appeal, Appellant presents the following issues for review: (1) whether the evidence presented at trial is legally sufficient to sustain a conviction for failure to appear; (2) whether the trial court erred in refusing to allow Appellant to testify as to statements made by his attorney; (3) whether the trial court erred in conducting the sentencing hearing almost five months after conviction; and (4) whether the trial court erred in ordering the sentence served consecutive to the sentences for theft. URL:http://www.tba.org/tba_files/TCCA/RANKINJD.OPN.WP6
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