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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JAMES & CAROLYN CHRISMAN vs. HILL HOME DEVELOPMENT, INC., JIM HILL, ROBERT G. CAMPBELL, ROBERT G. CAMPBELL & ASSOC., INC., SOUTHLAND COMMUNITIES, INC., BATSON, HIMES & NORVELL, GARY F. NORVELL and WHANIS ALI RGHEBI, and LAURA BAILEY and SOUTHLAND REALTORS, BETTER HOMES & GARDENS Court:TCA Attorneys: Donald E. Overton and Glenna W. Overton, Knoxville For the Appellants. Terrill L. Adkins, Knoxville, For Appellees, Hill Home Development, Inc. and Jim Hill. Robert H. Green, Knoxville, For Appellees, Robert G. Campbell and Robert G. Campbell & Assoc., Inc. James M. Cornelius, Jr., Knoxville, For Appellee, Southland Communities, Inc. R. Loy Waldrop, Jr., Knoxville, For Appellees, Batson, Himes & Norvell, Gary F. Norvell and Wanis Ali Rghebi. Judge: INMAN First Paragraph: This is an action for the abatement of a continuing nuisance and for accrued damages to the residence of the plaintiffs caused by rechannelled and reinforced surface waters from nearby property. AFFIRMED IN PART; REVERSED IN PART AND REMANDED. URL:http://www.tba.org/tba_files/TCA/chrisman_opn.WP6 THURSTON ANDREW HELMS vs. MICHAEL C. GREENE, COMMISSIONER, TENNESSEE DEPARTMENT OF SAFETY WITH PARTIAL DISSENTING OPINION Court:TCA Attorneys: For the Plaintiff/Appellant: For the Defendant/Appellee: E.E. Edwards, III Charles W. Burson James A. Simmons Attorney General and Reporter EDWARDS & SIMMONS Rebecca Lyford Counsel to the State Judge: KOCH First Paragraph: This appeal involves the forfeiture of over $31,000 seized from the bank accounts of a suspected cocaine trafficker. The Commissioner of Safety summarily ordered the forfeiture after no one filed a timely claim for the money. Shortly thereafter, the person from whose bank accounts the money had been seized filed a claim and requested the Commissioner to reconsider the forfeiture because he had not received adequate notice of the forfeiture proceeding. The Commissioner denied the request, and the claimant filed a petition for review in the Chancery Court for Davidson County challenging the adequacy of the notice and the constitutionality of the administrative forfeiture procedure. The trial court upheld the constitutionality of the forfeiture statutes and the validity of the forfeiture proceeding. We AFFIRM the judgment. URL:http://www.tba.org/tba_files/TCA/helmsta_opn.WP6 URL:http://www.tba.org/tba_files/TCA/helmsta_dis.WP6 NEW LIFE CORPORATION OF AMERICA vs. THOMAS NELSON, INC. Court:TCA Attorneys: MICHAEL L. DAGLEY G. A. PURYEAR IV FARRIS, WARFIELD & KANADAY SunTrust Center, 19th Floor 424 Church Street Nashville, Tennessee 37219 Attorneys for Plaintiff/Appellant JAY S. BOWEN TIMOTHY L. WARNOCK BOWEN RILEY WARNOCK & JACOBSON, PLC 704 18th Avenue North Nashville, Tennessee 37203 Attorneys for Defendant/Appellee Judge: CANTRELL First Paragraph: This is a dispute over the sale of a license to produce and distribute recordings of the King James version of the Bible. The Chancery Court of Davidson County held that the seller failed to satisfy a condition precedent to the buyer's obligation to perform. We AFFIRM. URL:http://www.tba.org/tba_files/TCA/newlife2_opn.WP6 OLA OWENS vs. CHARLES R. GERNT and THE ESTATE OF BRUNO GERNT, INC. and HOOD COAL COMPANY Court:TCA Attorneys: OLA OWENS, Pro Se Rt. Box 88 Jamestown, Tennessee 38556 JAMES P. ROMER Neal, Craven, Romer & Rains P. O. Box 797 Jamestown, Tennessee 38556 ATTORNEY FOR RESPONDENTS/APPELLEES Judge: LEWIS First Paragraph: This is an appeal by petitioner/appellant, Ola Owens, from the chancellor's dismissal of her petition pursuant to Tennessee Rule of Civil Procedure 12.02(6). Petitioner filed a "Petition to Establish Title to Real Property" in May 1996. She claimed rights in a 5,000 acre tract of land which the state granted to Isham Railey in 1836. Respondents filed a motion to dismiss pursuant to Rule 12.02(6) of the Tennessee Rules of Civil Procedure. The chancellor heard arguments on the motion and filed an opinion. He found that Petitioner was the owner of the surface rights to a two acre tract of land which was part of the Bruno Gernt estate. The court also found that Petitioner did not have a viable claim to the entire Bruno Gernt estate and dismissed her suit. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/owensola_opn.WP6 MOTHER DOE, as next friend and natural guardian of her minor sons, JOHN DOE A AND JOHN DOE B vs. ROY R. ROGERS, et al Court:TCA Attorneys: CAROL S. NICKLE & JENNIFER B. MORTON, Nickle and Morton, Knoxville, for appellants. ROBERT H. WATSON, JR. and ARTHUR F KNIGHT, III, Watson, Hollow & Reeves, Knoxville for Appellees. Judge: McMurray First Paragraph: In this action, the plaintiffs sued a multitude of defendants arising from incidents alleged to constitute sexual molestation of the minor children, John Doe A and John Doe B by the defendant, Roy R. Rogers, while Rogers was employed as a school crossing guard by the City of Oak Ridge. A voluntary nonsuit was taken as to the defendant, Rogers. Summary judgments were entered in favor of other defendants and these judgments are not before the court on this appeal. The only remaining defendants are the City of Oak Ridge and Timothy Braaten. Summary judgment was entered in favor of the City of Oak Ridge and the defendant, Timothy Braaten. For reasons hereinafter stated, we AFFIRM the judgment of the trial court. URL:http://www.tba.org/tba_files/TCA/rogersdo_opn.WP6 SHERI WEINER (KIRSHNER) RUBIN vs. HOWARD LEE KIRSHNER Court:TCA Attorneys: Mike W. Binkley 500 2nd Avenue Suite 300 Nashville, Tennessee 37201 ATTORNEY FOR PLAINTIFF/APPELLANT John J. Hollins SunTrust Center, Suite 2210 424 Church Street Nashville, Tennessee 37064 J. Russell Heldman 320 Main Street, Suite 101 Franklin, Tennessee 37064 ATTORNEYS FOR DEFENDANT/APPELLEE Judge: TODD First Paragraph: The captioned defendant has appealed from the results of post-divorce decree proceedings regarding child custody, support visitation and education, and attorneys fees. Both parties have filed issues for review by this Court. On March 20, 1989, the parties were divorced by judgment of the Probate Court. The Court approved and adopted a Marital Dissolution Agreement which provided for joint custody, with the children primarily residing with the plaintiff (wife). The agreement also allowed the defendant husband liberal visitation. Child support was established at $145 per month per child, and provisions were made for special expenses. AFFIRMED IN PART, REMANDED IN PART. URL:http://www.tba.org/tba_files/TCA/rubinshe_opn.WP6 CHARLES S. SEXTON, JUDGE OF THE TRIAL JUSTICE COURT OF SEVIER COUNTY,TENNESSEE vs. SEVIER COUNTY, TENNESSEE Court:TCA Attorneys: For Appellant For Appellee T.E. FORGETY, JR. RICHARD T. WALLACE Rainwater, Forgety & Jones Ogle & Wallace, P.C. Dandridge, Tennessee Sevierville, Tennessee Judge: Susano First Paragraph: This is a suit by a judge--whose judgeship was created by a private act--seeking salary supplements provided by general law. Charles S. Sexton, Judge of the Sevier County Trial Justice Court, sued Sevier County (County) claiming that he is entitled to supplements as additional compensation for his juvenile and probate jurisdiction. While conceding that the Sevier County Trial Justice Court and the salary for that court were established by private act, Judge Sexton nevertheless contends that the County is required to pay him in accordance with T.C.A. S 16-15-5001, et seq., and T.C.A. S 16-15-205, statutes addressing the compensation of general sessions court judges. He points out that the County paid his predecessor the sought-after supplements as if the latter was covered by the general law. Judge Sexton seeks equal treatment. REVERSED COMPLAINT DISMISSED REMANDED. URL:http://www.tba.org/tba_files/TCA/sextoncs_opn.WP6 CHARLES S. SEXTON, JUDGE OF THE TRIAL JUSTICE COURT OF SEVIER COUNTY, TENNESSEE vs. SEVIER COUNTY, TENNESSEE Court:TCA Attorneys: Guy R. Dotson, Jr., of Murfreesboro For Appellants Thomas L. Reed, Jr. and Jerry E. Farmer of Murfreesboro, For Appellee Judge: CRAWFORD First Paragraph: Plaintiffs, Jimmie and Helen Victory, appeal from the judgment of the trial court dismissing their case against the defendant, City of Murfreesboro. The Victorys were injured in Murfreesboro when their car was struck in the rear by a vehicle driven by Ronnie Hickman who was being chased by a Murfreesboro policeman. AFFIRMED. URL:http://www.tba.org/tba_files/TCA/victoryj_opn.WP6 MARILYN SUE ROBERTS and JOYCE L. WISDOM vs. BLOUNT MEMORIAL HOSPITAL Court:TCA Attorneys: J. MIKEL DIXON, Knoxville, for Appellants. CARL P. McDONALD and ARTHUR B. GODDARD, Maryville, for Appellee. Judge: McMurray First Paragraph: This is an appeal from the judgment of the trial court sustaining motions for summary judgment filed on behalf of the Blount Memorial Hospital (defendant). In their complaint, the plaintiffs charged that a male nurse, Jody Maddry, sexually assaulted them while they were patients in the defendant hospital and seek damages on a theory of vicarious liability. They further assert that the hospital was guilty of independent negligence in failing to adequately investigate Maddry's background before his employment by the defendant; failure to report the incident as required by law, medical malpractice and failure to follow their own internal policies. The plaintiffs alleged further that the defendant had violated their civil rights. AFFIRMED IN PART, REVERSED IN PART AND REMANDED. URL:http://www.tba.org/tba_files/TCA/wisdomjl_opn.WP6 STATE OF TENNESSEE vs. JAMES DISON Court:TCCA Attorneys: For the Appellant: For the Appellee: Edward C. Miller Charles W. Burson Public Defender Attorney General and Reporter P. O. Box 416 Dandridge, TN 37725 Darian B. Taylor Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 Alfred C. Schmutzer, Jr. District Attorney General Stephen R. Hawkins Asst. District Attorney General Courthouse Sevierville, TN 37862 Judge: Hayes First Paragraph: The appellant, Jimmy Dison, was convicted by a Sevier County jury of raping his sister, AD, in violation of Tenn. Code Ann. S 39-13-522 (1994 Supp.). The trial court imposed a sentence of twenty-five years confinement in the Tennessee Department of Correction, the maximum sentence authorized by law. Tenn. Code Ann. S 39-13-522(b); Tenn. Code Ann. S 40-35-112(a)(1) (1990). AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/disonj_opn.WP6
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