TBALink Opinion-Flash

February 4, 1997 -- Volume #3 -- Number #016

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 Opinions From TSC
00-New Opinions From TSC-Rules
00-New Opinions From TSC-Workers Comp Panel
06-New Opinions From TCA
01-New Opinions From TCCA

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TBALink Chief Editor


REGINALD FENTRESS
vs.
MEMPHIS HOUSING AUTHORITY

 Court:TCA

William A. Jeter,
GLASSMAN, JETER, EDWARDS & WADE, P.C., Memphis, Tennessee 
Attorney for Plaintiff/Appellant.
Gregory L. Perry, Memphis, Tennessee Mark Beutelschies, Memphis,
Tennessee Attorneys for Defendant/Appellee.                         

Judge: FARMER

First Paragraph:

AFFIRMED AND REMANDED

Appellant, Reginald Fentress (Fentress), appeals from the summary
judgment entered by the trial court in favor of the appellee, Memphis
Housing Authority (MHA).  The issue before us is whether the trial
court was correct in doing so upon finding, as a matter of law, that
Fentress was not entitled to a grievance hearing prior to his
termination of employment with MHA.

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

GEORGEANNE M. HOFER
vs.
JAMES PATRICK HOFER

 Court:TCA                          

DAVID E. CAYWOOD and DARRELL D. BLANTON, Memphis, Attorneys for
Plaintiff.
ROSCOE A. FEILD, JR., Memphis, Attorney for Defendant. 

Judge: TOMLIN

First Paragraph:

AFFIRMED

Georgeanne M. Hofer ("Wife") filed suit for divorce in the Chancery
Court of Shelby County against James P. Hofer ("Husband") seeking a
divorce, division of marital property and alimony.  Following a bench
trial the chancellor awarded Wife a divorce on the ground of
inappropriate marital conduct.  In addition, he awarded Wife
rehabilitative alimony for three years, ordered Husband to pay a
portion of Wife's fees and expenses as alimony in solido and divided
the marital property between the parties.

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

JOHN T. MEADOR and wife, PELEA E. MEADOR  
vs. 
CHARLES E. JOHNSON and JAMES O. CAMPBELL 
vs.
MILLARD V. OAKLEY

 Court:TCA

JAMES S. SMITH, JR., Rockwood, for Appellants.
WILLIAM H. SKELTON and MICHAEL S. KELLEY, Bass Berry & Sims, PLC,
Knoxville for appellee, Millard V. Oakley.

Judge: McMurray

First Paragraph:

APPEAL DISMISSED

This case originated in the trial court as a boundary line dispute. 
Before we examine the merits of the issues raised on appeal, however,
it is necessary for us to address a preliminary issue, i.e., was a
notice of appeal timely filed.  If a notice of appeal was not timely
filed, we have no jurisdiction to entertain this appeal.

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

EASTERA BELL PORTER, Individually And as Surviving Spouse and Next
Friend of Jasper D. Porter, Deceased
vs.
JESSE McGEE, M.D. and METHODIST HOSPITALS OF MEMPHIS, INC. AND
MAHFUZUR RAHMAN, M.D.

 Court:TCA

Judge: FARMER

First Paragraph:

Appellant has filed a petition for rehearing in this cause which,
after having been duly considered, is denied.

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

HARRY GRAY SMITH
vs.
CITY OF KNOXVILLE, CODE ENFORCEMENT   

 Court:TCA

U. WILFRED NWAUWA, Knoxville, for Appellant.
K. DICKSON GRISSOM, Deputy law director, City of Knoxville, for
appellee.

Judge: McMurray

First Paragraph:

REVERSED, JUDGMENT VACATED and REMANDED
                                
This is an action for damages for personal injury and the negligent,
malicious and wrongful destruction of real and personal property of
the plaintiff, Harry Gray Smith. Plaintiff filed suit in the Chancery
Court for Knox County alleging that the defendant destroyed three
pieces of his property, located at 1417 Magnolia Avenue, 1421 Magnolia
Avenue and 400 Winona Street North, without proper notice.  Plaintiff
claimed that, notwithstanding a "No Trespassing" sign he had erected
on the premises, employees of the City destroyed the structures
without service of any final condemnation or demolition notice.  He
further asserts that the defendant refused to allow him to remove
medical equipment from one of the structures in which he was living. 
He further alleged that as a result of the demolition and verbal
threats of bodily harm which he claims were made by agents of the
defendant, plaintiff suffered a heart attack necessitating
hospitalization.

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

JOHN P. SQUIBB and wife, MARTHA JO SQUIBB and 
JAMESH. WIDENER
vs.
TED C. SMITH and wife, ROSE E. SMITH

 Court:TCA

MARK S. DESSAUER, Hunter, Smith & Davis, Kingsport, for Appellant Ted
C. Smith.
JAMES E. BRADING, Herndon, Coleman, Brading & McKee, Johnson City, for
appellees.

Judge: McMurray

First Paragraph:

AFFIRMED AND REMANDED

This action was instituted by the plaintiffs to recover a pro-rata
share of monies they were required to pay on a guaranty agreement
wherein the defendants were co-guarantors.  The trial court found that
there were three co-guarantors, Mr. Squibb, James H. Widener and Ted
C. Smith (defendant).  He apportioned liability equally among the
three. The court found that the purported signature of Ms. Smith on
the guaranty agreement was not her signature.   The case was dismissed
as to the defendant, Rose E. Smith.  No appeal was taken from the
action of the court dismissing the case as to Ms. Smith.  Judgment was
entered in favor of the plaintiffs, John P. Squibb and wife Martha Jo
Squibb, in the amount of $45,402.04 plus prejudgment interest at the
rate of 10% per annum from April 10, 1991 to April 9, 1996, in the
amount of $22,701.02 for a total judgment of $68,103.06.  A like
judgment was entered in favor of the plaintiff, Widener.  From these
judgments, the defendant appeals.

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

STATE OF TENNESSEE
vs.
THOMAS WAYNE JARNIGAN

 Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:
JOE H. WALKER                   CHARLES W. BURSON
Public Defender                 Attorney General and Reporter
                        
WALTER B. JOHNSON               ELIZABETH T. RYAN
Assistant Public Defender       Assistant Attorney General
P.O. Box 334                    450 James Robertson Parkway
Harriman, TN 37748              Nashville, TN 37243-0493
            
                                CHARLES E. HAWK
                                District Attorney General

                                WALTER JOHNSON, II
                                Assistant District Attorney General
                                P.O. Box 334
                                Harriman, TN 37748
                                 
Judge: WELLES

First Paragraph:

REVERSED AND REMANDED

This is an appeal pursuant to Rule 3 of the Tennessee Rules of
Appellate Procedure.  The Defendant was convicted of the misdemeanor
offense of operating a motor vehicle with an impermissibly tinted
window.  At trial, the Defendant argued only that his motor vehicle
windows were not illegally tinted.  On appeal, the Defendant argues
only that he was denied his right to a trial by jury.  Even though it
may seem that this Defendant does not deserve relief, we are compelled
to reverse the conviction and remand this case to the trial court.

URL:http://www.tba.org/tba_files/TCCA/jarnigan_opn.WP6

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