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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DAVID L. ADAMS vs. NANCY W. ADAMS Court:TCA Attorneys: GLENN COX P. O. Box 1121 Columbia, Tennessee 38402-1121 ATTORNEY FOR PLAINTIFF/APPELLEE R. E. LEE DAVIES Hartzog, Silva & Davies 123 Fifth Avenue North P. O. Box 664 Franklin, Tennessee 37065-0664 ATTORNEY FOR DEFENDANT/APPELLANT Judge: LEWIS First Paragraph: This is an appeal by defendant/appellant, Nancy W. Adams ("Wife"), from a judgment of the chancery court granting Wife and plaintiff/appellee, David L. Adams ("Husband"), a divorce. Wife claims that the trial court erred in calculating the amount of child support and the amount of rehabilitative alimony and attorney's fees awarded to Wife. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/ADAMSDL_OPN.WP6 JOEL THOMAS CATLETT, JR. vs. MARJEAN GE'NELL PERRYMAN CATLETT Court:TCA Attorneys: PAUL T. HOUSCH 211 Third Avenue, North P. O. Box 198288 Nashville, Tennessee 37219-8288 Attorney for Plaintiff/Appellant VIRGINIA LEE STORY 136 4th Avenue, South P. O. Box 1608 Franklin, Tennessee 37065 Attorney for Defendant/Appellee Judge: CANTRELL First Paragraph: The trial court granted the parties a divorce, and ordered the husband to pay the wife alimony in futuro. The parties were also granted joint custody of the teenage children, with the husband to have primary physical custody. On appeal, the husband challenges the nature and amount of the alimony award, and the trial court's failure to order the wife to pay child support. We remand this case to enable the trial court to make the findings of fact in regard to child support that are required by Tenn. Code Ann. S 36-5-101(e)(1). In all other respects we affirm the trial court. URL:http://www.tba.org/tba_files/TCA/CATLETTJ_OPN.WP6 MARY HELEN PEARSON JOHNSON vs. LUTHER WILLIAM JOHNSON Court:TCA Attorneys: Mitchell G. Tollison, HAWKS & TOLLISON, Humboldt, Tennessee Attorney for Petitioner/Appellant. Sam J. Watridge, Humboldt, Tennessee Attorney for Respondent/Appellee. Judge: FARMER First Paragraph: Appellant, Luther William Johnson, appeals from the judgment of the trial court denying his motion to set aside a consent order of paternity and support. The minor child in question, Andreyous Luther, was born on January 23, 1991 to the Appellee, Mary Helen Pearson Johnson (Mother). For reasons herein articulated, we reverse the judgment of the trial court and remand. URL:http://www.tba.org/tba_files/TCA/JOHNSONM_OPN.WP6 CHARLES G. KEY vs. EDWIN B. RASKIN COMPANY Court:TCA Attorneys: Mitchell G. Tollison, HAWKS & TOLLISON, Humboldt, Tennessee Attorney for Petitioner/Appellant. Sam J. Watridge, Humboldt, Tennessee Attorney for Respondent/Appellee. Judge: LEWIS First Paragraph: The appellant has filed a Petition to Rehear which we have considered and decline to grant. It is, therefore, ordered that the Petition to Rehear is overruled at the cost of the appellant. URL:http://www.tba.org/tba_files/TCA/KEYC_ORD.WP6 J. CLARICE KNIGHT and CAROLYN K. BRANTLY, Administratrices ad litem for the Estate of Alta M. Knight, deceased, and SHERRY GARLAND vs. HOSPITAL CORPORATION OF AMERICA a/k/a CENTENNIAL MEDICAL CENTER; HOSPITAL CORPORATION OF AMERICA; HOSPITAL CORPORATION OF AMERICA a/k/a WESTSIDE HOSPITAL and JANE/JOHN DOE NURSES Court:TCA Attorneys: For the Plaintiffs/Appellants: For the Defendants/Appellees: Shelley I. Stiles C.J. Gideon, Jr. Brentwood, Tennessee Nashville, Tennessee Judge: KOCH First Paragraph: The medical malpractice and outrageous conduct claims involved in this appeal stem from the hospitalization of an elderly patient for total hip replacement surgery. The patient, her two sisters, and her caretaker sued the hospital and its nursing staff in the Circuit Court for Davidson County alleging that their lack of appropriate care caused the patient to enter a vegetative state and caused severe emotional stress to the patient's sisters and caretaker. The trial court granted the hospital's motion for summary judgment. We affirm the trial court. URL:http://www.tba.org/tba_files/TCA/KNIGHTJC_OPN.WP6 DISSENTING OPINION JABARI ISSA MANDELA vs. DONAL CAMPBELL, Commissioner of the Tennessee Department of Correction Court:TCA Attorneys: For the Plaintiffs/Appellants: For the Defendants/Appellees: Shelley I. Stiles C.J. Gideon, Jr. Brentwood, Tennessee Nashville, Tennessee Judge: KOCH First Paragraph: Other panels of this court have held on two prior occasions that the Department of Correction's policies affecting the custody and control of inmates need not be promulgated as rules under the Uniform Administrative Procedures Act. I respectfully disagree because these policies are not merely statements concerning the internal management of state government that do not affect the private rights, privileges or procedures available to the public. URL:http://www.tba.org/tba_files/TCA/MANDELA_DIS.WP6 CHARLES G. MILLER, IV and wife, BRENDA MILLER vs. DANA R. MABE and SHANE GANT a/k/a SHANE COOPER and THE GLENS FALLS INSURANCE COMPANY Court:TCA Attorneys: For the Plaintiffs/Appellants: For the Unnamed Defendant/Appellee: Donald G. Dickerson Daniel H. Rader, III Cookeville, Tennessee Cookeville, Tennessee Judge: LILLARD First Paragraph: This case involves the interpretation of an insurance policy. After being struck by a vehicle driven by defendant Dana R. Mabe ("Mabe"), plaintiff Charles G. Miller ("Miller") filed this personal injury lawsuit against Mabe and defendant The Glens Falls Insurance Company ("Glens Falls"). The trial court granted Glens Falls' motion for summary judgment, holding that Miller was not covered by the uninsured motorist provision of the Glens Falls policy because he was not "occupying" the insured vehicle at the time he was injured. Miller appealed the trial court's decision. We affirm. URL:http://www.tba.org/tba_files/TCA/MILLERCG_OPN.WP6 JAMES T. MORRIS vs THE BOARD OF EDUCATION OF THE METROPOLITAN NASHVILLE PUBLIC SCHOOLS WITH DISSENTING OPINION Court:TCA Attorneys: CHARLES HAMPTON WHITE RICHARD L. COLBERT Cornelius & Collins Suite 2700 Nashville City Center 511 Union Street P. O. Box 190695 Nashville, Tennessee 37219 ATTORNEYS FOR PLAINTIFF/APPELLEE JAMES L. MURPHY, III JUDY J. SHELL 204 Metropolitan Courthouse Nashville, Tennessee 37201 ATTORNEYS FOR DEFENDANT/APPELLANT Judge: LEWIS First Paragraph: Defendant/appellant, the Board of Education of the Metropolitan Nashville Public Schools ("Board"), appeals from the judgment of the Chancery Court for Davidson County which held that the Board could not use an Administrative Law Judge ("ALJ") to conduct a hearing on whether to dismiss plaintiff/appellee, James Morris, a non-tenured teacher in the Metro school system. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/MORRISJT_DIS.WP6 URL:http://www.tba.org/tba_files/TCA/MORRISJT_OPN.WP6 MATTHEW SEFFERNICK vs. SAINT THOMAS HOSPITAL AND BARRY E. YARBROUGH, M.D Court:TCA Judge:TODD First Paragraph: In accordance with the opinion of the Court filed herein, the petition to rehear filed by the appellees is denied at the cost of appellees. URL:http://www.tba.org/tba_files/TCA/SEFFERNI_ORD.WP6 JOANNE SHERRELL, et vir. JAMES SHERRELL vs. FOOD LION, INC. Court:TCA Attorneys: ROGER J. BEAN CLIFTON N. MILLER HENRY, McCORD, BEAN & MILLER, P.L.L.C. 300 North Jackson Street Post Office Box 538 Tullahoma, Tennessee 37388 Attorneys for Plaintiffs/Appellees RICHARD D. MOORE LEVINE, MATTSON, ORR & GERACIOTI 210 Third Avenue North P. O. Box 190683 Nashville, Tennessee 37219-0683 Attorney for Defendant/Appellant Judge: CANTRELL First Paragraph: The only issue in this slip-and-fall case is whether there is any material evidence to support the jury's finding of no fault on the part of the plaintiff. We affirm the judgment of the lower court. URL:http://www.tba.org/tba_files/TCA/SHERRELL_OPN.WP6 GEORGE MICHAEL SIMMONS, b/n/f GEORGE KENNETH SIMMONS, GEORGE KENNETH SIMMONS, Individually, and GEORGE KENNETH SIMMONS as ADMINISTRATOR of the ESTATE OF BESS MAI BESSON vs. BILLY ANGLIN, STEVE ANGLIN, JOHN ANGLIN, and DOTTIE McCLEAREN, Individually and d/b/a Dottie's Trailer Park, a/k/a Riverview Mobile Home Park Court:TCA Attorneys: CLIFFORD K. McGOWN, JR. P. O. Box 26 Waverly, Tennessee Attorney for Plaintiffs/Appellants N. HOUSTON PARKS P. O. Box 1004 Columbia, Tennessee 38402 JOHN S. COLLEY P. O. Box 1476 Columbia, Tennessee 38402 Attorneys for Defendant/Appellee Dottie McClearen Judge: CANTRELL First Paragraph: The Circuit Court of Hickman County granted the owner of a trailer park summary judgment on claims for personal injuries and wrongful death based on a breach of the lease and an oral warranty. We affirm. URL:http://www.tba.org/tba_files/TCA/SIMMONG_OPN.WP6 WILLIE WEST vs. TENNESSEE BOARD OF PAROLES Court:TCA Attorneys: For the Plaintiff/Appellant: For the Defendant/Appellee: Willie E. West, Pro Se Patricia C. Kussmann Assistant Attorney General Judge: KOCH First Paragraph: This appeal involves an inmate's attempt to obtain judicial review of the parole board's decision to deny him parole. The Chancery Court for Davidson County dismissed the inmate's petition for common-law writ of certiorari because it was not filed within the time required by Tenn. Code Ann. S 27-9-102 (1980). The inmate asserts on this appeal that he filed his petition within the required time after he received notice of the board's decision to deny him parole. We affirm the judgment because the inmate's underlying request that the parole board review its decision was not timely filed. URL:http://www.tba.org/tba_files/TCA/WESTWILL_OPN.WP6 STATE OF TENNESSEE vs. JAMES H. JONES Court:TCCA Attorneys: For the Appellant: For the Appellee: A.C. Wharton Charles W. Burson Shelby County Public Defender Attorney General and Reporter Walker Gwinn Asst. Public Defender Janis L. Turner 201 Poplar, Suite 2-01 Assistant Attorney General Memphis, TN 38103 Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 John W. Pierotti District Attorney General J. Robert Carter Asst. District Attorney General 201 Poplar Avenue Memphis, TN 38103 Judge: Hayes First Paragraph: The appellant, James H. Jones, appeals the Shelby County Criminal Court's denial of an alternative sentence. On May 8, 1995, the appellant pled guilty to four counts of aggravated burglary, a class C felony. The negotiated plea agreement provided for a sentence recommendation of twelve years for each count, as a Range III persistent offender, to be served concurrently. The manner of service of the sentence was submitted for the trial court's determination. On May 30, 1995, the trial court ordered that the sentences imposed be served in the Department of Correction. On appeal, the appellant contends that the trial court erred in not sentencing him under the Community Corrections Act. After a review of the record, we affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/JONESJH_OPN.WP6
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