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APRIL WALLACE, VICKIE GWIN, ET AL. vs. NATIONAL BANK OF COMMERCE, ET AL. Court:TSC Attorneys: For Plaintiff-Appellant: For Defendant-Appellee: Allan J. Wade Charles W. Burson Memphis Attorney General & Reporter Nashville OF COUNSEL: Daryl J. Brand Senior Counsel Baker, Donelson, Bearman, Attorney General's Office & Caldwell Nashville Memphis Judge: Reid First Paragraph: The petition to rehear filed by the plaintiffs appellants insists that the Court should have remanded this case to the trial court for trial rather than dismiss the case on summary judgment. The petition to rehear is denied. URL:http://www.tba.org/tba_files/TSC/wallacea_op2.WP6 ESTATE OF ATLAS DUNCAN WILLIAMS, DECEASED, CAROLYN S. WILLIAMS, EXECUTRIX vs. JOE B. HUDDLESTON, COMMISSIONER OF REVENUE OF THE STATE OF TENNESSEE Court:TSC Attorneys: For Plaintiff-Appellant: For Defendant-Appellee: Allan J. Wade Charles W. Burson Memphis Attorney General & Reporter Nashville OF COUNSEL: Daryl J. Brand Senior Counsel Baker, Donelson, Bearman, Attorney General's Office & Caldwell Nashville Memphis Judge: REID First Paragraph: This case presents for review the decision of the Court of Appeals that where the surviving spouse has elected against the decedent's will and taken the statutory elective share the maximum allowable deduction for Tennessee inheritance tax purposes is the value of the elective share less an amount equal to one-third of the decedent's secured debts. That decision is reversed, and the judgment of the trial court that the entire value of the elective share qualifies for the marital deduction is reinstated. JUDGMENT OF COURT OF APPEALS SET ASIDE; JUDGMENT OF TRIAL COURT AFFIRMED; CASE REMANDED. URL:http://www.tba.org/tba_files/TSC/willimsa_opn.WP6 MOHAMMAD AL-HADDAD vs. WALTER RITTER AND WIFE, HELMA RITTER Court:TCA Attorneys: LAWRENCE WILSON 2400 Crestmoor Road Suite 314 Nashville, Tennessee 37215 Attorney for Plaintiff/Appellee WILLIAM CARTER CONWAY 236 Court Square, Suite 205 Franklin, Tennessee 37064 Attorney for Defendants/Appellants Judge: CANTRELL First Paragraph: Pursuant to Rule 11, Tenn. R. Civ. P., the trial court sanctioned the appellants and their attorneys. The appellants argue on appeal that they cannot be sanctioned under Rule 11 because they did not sign the offending pleading and that the facts do not establish a violation of the rule. We hold that a party may be sanctioned under Rule 11 without actually signing the pleadings, but we find that the facts of this case do not justify a Rule 11 sanction and that the proof fails to show any expenses incurred as a result of the alleged violation. Therefore we reverse the judgment against the appellants for sanctions. REVERSED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/alhaddad_opn.WP6 BRADLEY MARK BUTLER vs. PRINCE E. SPRADLIN and wife, SYLVIA S. SPRADLIN Court:TCA Judge: FARMER First Paragraph: The purpose of this litigation was to establish the boundary line between property owned by the Plaintiff, Bradley Mark Butler, and the defendants, Prince E. Spradlin and Sylvia S. Spradlin. Each party presented several witnesses and exhibits including the testimony of their respective surveyors. Upon completion of the evidence, the chancellor made findings of fact including a finding that the plaintiff had established his title by a clear preponderance of the evidence. The court accepted the survey of Eddie Coleman, the surveyor who testified in behalf of the plaintiff, and established the property line according to the Coleman survey. URL:http://www.tba.org/tba_files/TCA/butlerb_opn.WP6 AETNA INSURANCE COMPANY and CHURCH OF GOD OF PROPHECY, (HICKORY VALLEY ROAD) vs. LITTLE GIANT MFG. CO., INC. and EDWIN L. WIEGAND DIVISION OF EMERSON ELECTRIC COMPANY Court:TCA Attorneys: Daniel J. Ripper, Chattanooga, For the Appellant. James P. Anderson,Jr., Chattanooga, For the Appellee, Little Giant Mfg. Co., Inc. Douglas M. Campbell, Chattanooga, For the Appellee, Edwin L. Wiegand, Division of Emerson Electric Co. Judge: INMAN First Paragraph: This complaint was filed by the Church of God of Prophecy against the Little Giant Mfg. Co. and Kick-Shaw, Inc., alleging that its property was destroyed by fire caused by a defective water heater manufactured by Little Giant and sold to the plaintiff by Kick-Shaw, Inc. Various defenses were interposed by the defendants, none of which is relevant to the issue before us. Thereafter, the complaint was repeatedly amended; new parties came and went; and, in its present posture, the plaintiffs are Aetna Insurance Company and Church of God of Prophecy and the defendants are Little Giant Mfg. Co., Inc. and Emerson Electric Company. VACATED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/churchgd_opn.WP6 CITY BANK & TRUST COMPANY and B. TIMOTHY PIRTLE, Trustee vs. DAVE ALLEN WEBB and DEBBIE LYNN WEBB Court:TCA Attorneys: TIMOTHY L. REED Suite 302, City Bank Building McMinnville, Tennessee 37110 ATTORNEY FOR PLAINTIFFS/APPELLEES KEITH S. SMARTT 107 College Street P. O. Box 869-B McMinnville, Tennessee 37110 ATTORNEY FOR DEFENDANTS/APPELLANTS Judge: LEWIS First Paragraph: This is an appeal by defendants Dave Allen Webb and wife Debbie Lynn Webb, from the trial court's judgment setting aside a foreclosure sale and, in effect, putting the parties in the same position they were in before the foreclosure. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/citybank_opn.WP6 MAVIS A. COMBS vs. THE METROPOLITAN GOVERNMENT OF NASHVILLE and DAVIDSON COUNTY, and the CIVIL SERVICE COMMISSION Court:TCA Attorneys: DAVID I. KOMISAR 211 Printer's Alley Building Suite 400 Nashville, Tennessee 37201 ATTORNEY FOR PETITIONER/APPELLANT JAMES L. MURPHY, III Director of Law The Department of Law of the Metropolitan Government of Nashville and Davidson County WM. MICHAEL SAFLEY Metropolitan Attorney 204 Metropolitan Courthouse Nashville, Tennessee 37201 ATTORNEY FOR RESPONDENTS/APPELLEES Judge: LEWIS First Paragraph: This is an appeal by petitioner/appellant, Mavis A. Combs, from the decision of the Davidson County Chancery Court upholding the decision of respondent/appellee, the Metropolitan Civil Service Commission ("the Commission"), to deny Ms. Combs in-line-of-duty injury leave. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/combsma_opn.WP6 AMANDA CAROL CROSLIN and PHYLLIS CROSLIN BAKER vs. DANNY KEITH CROSLIN, wife BETTY JEAN CROSLIN and STANLEY GARDNER HASKINS Court:TCA Attorneys: Jessica Dawn Dugger and Gregory S. Gill of Rochelle, McCulloch & Auds in Lebanon For Respondents-Appellants, Croslin Hugh Green of Lebanon For Petitioners-Appellees, Croslin and Baker Judge: CRAWFORD First Paragraph: This is an adoption case. Petitioners, Amanda Croslin and Phyllis Croslin Baker, the adoptive child's mother and maternal grandmother respectively, filed a petition to set aside the adoption of the child, Danna Elisabeth Croslin, by the maternal grandfather, Danny Keith Croslin, and his wife, Betty Jean Croslin. Also named as a defendant in the petition is Stanley Gardner Haskins, the adoptive child's natural father. From the order of the trial court nullifying and setting aside the adoption, Danny Keith Croslin has appealed. REVERSED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/croslinc_opn.WP6 ROSCOE W. FIELDS, SR. vs. BOBBY RAY McGEE and LILLIAN BEAN Court:TCA Attorneys: Roscoe W. Fields, Pro Se, Appellant Mary Ann Stackhouse, Knoxville, For Appellees Judge: INMAN First Paragraph: Mr. Fields says that Joe Torrence, the Circuit Court Clerk of Davidson County, charged him an excessive fee for a certified copy of a traffic citation, for which he attempted to seek redress in General Sessions Court of Knox County. AFFIRMED. URL:http://www.tba.org/tba_files/TCA/fieldsr_opn.WP6 JAMES FLETCHER and RONALD LANIER FLETCHER vs. KENNETH STERLIN VASSER Court:TCA Attorneys: JOHN B. INGLESON 3017 Poston Avenue Nashville, Tennessee 37203 Attorney for Plaintiffs/Appellees J. STANLEY ROGERS ROGERS, RICHARDSON & DUNCAN 100 North Spring Street Manchester, Tennessee 37355 Attorney for Defendant/Appellant Judge: CANTRELL First Paragraph: The holder of an easement across his neighbor's property sought to replace two gates with cattle guards. The Chancery Court of Coffee County denied the request. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/fletchrj_opn.WP6 STATE OF TENNESSEE DEPARTMENT OF HUMAN SERVICES vs. CHARLENE AVERY FOUNTAIN Court:TCA Judge: CANTRELL First Paragraph: This appeal came on to be heard upon the record from the Juvenile Court of Knox County and briefs filed on behalf of the respective parties. Upon consideration thereof, this court is of the opinion that there is no reversible error in the trial court's judgment. AFFIRMED. URL:http://www.tba.org/tba_files/TCA/fountain_opn.WP6 BARBARA GATLIN vs. STATE OF TENNESSEE DEPARTMENT OF HUMAN SERVICES IN THE MATTER OF: FELICIA GATLIN, a child under the age of 18. Court:TCA Attorneys: KATHLEEN G. MORRIS P. O. Box 128091 Nashville, Tennessee 37212 Attorney for Petitioner/Appellant CHARLES W. BURSON Attorney General and Reporter SUE A. SHELDON Assistant Attorney General Cordell Hull Building, 2nd Floor 426 5th Avenue North Nashville, Tennessee 37243-0499 Attorney for Respondent/Appellee Judge: CANTRELL First Paragraph: The Juvenile Court of Davidson County terminated Barbara Gatlin's parental rights respecting her ten year old daughter, Felicia. Because we find that the record does not contain clear and convincing evidence of abandonment, we reverse. URL:http://www.tba.org/tba_files/TCA/gatlinb_opn.WP6 ERMA HARDESTY and JIM HARDESTY vs. SERVICE MERCHANDISE COMPANY, INC. WITH CONCURRING OPINION Court:TCA Attorneys: Hal Gerber, Memphis, Tennessee Lewie R. Polk, III, Memphis, Tennessee And Shawn Ellis, WILHOIT EDUMUNDSON TERANDO & HOPKINS, Poplar Bluff, Missouri Attorneys for Plantiffs/Appellants. Gail O. Mathes, Memphis, Tennessee Attorney for Defendant/Appellee. Judge: FARMER First Paragraph: This appeal is taken from the trial court's order of June 7, 1995, granting summary judgment in favor of Defendant Service Merchandise Company, Inc. (hereinafter, "Service Merchandise"). Specifically, the trial court found that there was no proof of a dangerous condition created by Service Merchandise and no proof that Service Merchandise had either actual or constructive notice that a dangerous condition existed. Upon consideration of the record before us, the trial court's order is affirmed. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/hardesty_opn.WP6 URL:http://www.tba.org/tba_files/TCA/hardesty_con.WP6 DOROTHY H. LONG VS. DAVID G. LONG and RELEASE COATINGS OF TENNESSEE, INC. Court:TCA Attorneys: DAVID E. CAYWOOD, Memphis, Attorney for Plaintiff. HAL GERBER and KAREN R. CICALA, Memphis, Attorneys for Defendants. Judge: TOMLIN First Paragraph: In this divorce case Dorothy H. Long ("Wife") filed suit for divorce in the Chancery Court of Shelby County from David G. Long ("Husband") alleging inappropriate marital conduct. Husband filed an answer and a cross-complaint. The parties stipulated that Husband was guilty of inappropriate marital conduct. The chancellor entered an order awarding Wife a divorce on these grounds. The chancellor at the same time appointed a Special Master and assigned him the responsibility of ascertaining if either party had dissipated or secreted marital assets during the marriage, determining the value of certain marital property and the current ownership of same and recommending to the court an appropriate division of marital assets, along with alimony, if any, as well as the assessment of costs and fees. After several hearings, the Special Master filed his final report to the chancellor covering the scope of his assignment. The chancellor affirmed the findings of the Special Master and included the Master's findings in his final decree. MODIFIED AND AFFIRMED. URL:http://www.tba.org/tba_files/TCA/longdot_opn.WP6 RICHARD E. PERRY, and wife, TAMELIA PERRY vs. TERRY FLATFORD, and wife, TERESA FLATFORD, BRENDA DYE, GORDON WHITE, REMAX PREFERRED PROPERTIES, INC., DAVID SNELSON, BEVERLY V. McMAHAN, CROSSROADS REALTY, JIM PEMBERTON, JR., RANDY BUTTON & ASSOCIATES, INC., d/b/a EAST TENNESSEE APPRAISAL GROUP and HARRY W. FERSNER Court:TCA Attorneys: Lewis S. Howard, Jr., Knoxville, for Appellant Brenda Dye Boyd W. Venable, III, Knoxville, for Appellants White and Remax Johnny V. Dunaway, LaFollette, for Appellees Perry Judge: INMAN First Paragraph: This is an action for damages allegedly sustained by the plaintiffs as a result of misrepresentations made to them in their purchase of a residence. VACATED and REMANDED. URL:http://www.tba.org/tba_files/TCA/perryr_opn.WP6 RIVERS RUN PROPERTIES, INC. vs. CITY OF OAK RIDGE, TENNESSEE Court:TCA Attorneys: Robert W. Wilkinson, Oak Ridge, For the Appellant Bernard E. Bernstein, Knoxville, For the Appellee. Judge: INMAN First Paragraph: This is an action for a declaratory judgment that the plaintiff is entitled to acquire a 12.38 acre tract of unimproved land from the defendant City. AFFIRMED. URL:http://www.tba.org/tba_files/TCA/riversrn_opn.WP6 VICKIE ELAINE vs. JEREMY PERCY JULIAN SPIEGEL Court:TCA Attorneys: TERRY A. FANN WALDRON AND FANN 202 West Main Street Murfreesboro, Tennessee 37130 Attorney for Plaintiff/Appellee MARLENE ESKIND MOSES EISENSTEIN, MOSES & MOSSMAN Suite 500 One Church Street Building Nashville, Tennessee 37201 Attorney for Defendant/Appellant Judge: CANTRELL First Paragraph: The issues on appeal in this divorce case include the restrictions put on the father's visits with his minor daughter and the award of attorneys fees to the mother. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCA/spiegelv_opn.WP6 NATHAN JACK TOLER, a minor child, b/n/f SHIRLEY LACK and SHIRLEY LACK, next of kin and as Administratrix of the Estate of Nathan Jack Toler, Jr. vs. CITY OF COOKEVILLE, d/b/a COOKEVILLE GENERAL HOSPITAL, NATIONAL EMERGENCY SYSTEMS, INC., d/b/a "NES", and MARK GIESE, D.O., Individually, and RAY FULLER, M.D., M.D. Individually, and BAPTIST CONVENIENT CARE EAST, P.C., d/b/a BAPTIST CONVENIENT CARE CENTERS, INC. Court:TCA Attorneys: HELEN S. ROGERS 201 Fourth Avenue North, Suite 1550 Nashville, Tennessee 37219 LARRY L. CRAIN 101 Westpark Drive, Suite 250 Brentwood, Tennessee 37027 ATTORNEYS FOR PLAINTIFFS/APPELLANTS DARRELL G. TOWNSEND DERRICK C. SMITH Howell & Fisher Court Square Building 300 James Robertson Parkway Nashville, Tennessee 37201-1107 ATTORNEYS FOR DEFENDANT/APPELLEE Judge: LEWIS First Paragraph: Appellee, Dr. Mark Giese, is one of several defendants involved in a medical malpractice suit arising out of the alleged wrongful death of Nathan Jackson Toler, Jr. The trial court entered an interlocutory order granting summary judgment to Dr. Giese based upon the plaintiffs' failure to properly secure service of process on him. Pursuant to Tenn. R. App. P. 9, Plaintiffs have appealed. We have determined that the trial court was correct and therefore affirm the grant of summary judgment. URL:http://www.tba.org/tba_files/TCA/tolerj_opn.WP6 STATE OF TENNESSEE vs. KEETA BURDEN Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JAMES H. BRADBERRY CHARLES W. BURSON Branberry, Crowe & MacLeod Attorney General and Reporter P. O. Box 765 Dresden, TN 38225 CYRIL V. FRASER Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243 THOMAS A. THOMAS District Attorney General JAMES T. CANNON Assistant District Attorney 414 South Fourth Street Union City, TN 38261-0218 Judge: SMITH First Paragraph: This is an appeal as of right from the judgment of the Circuit Court of Obion County, granting Appellant's motion to modify her sentence, but denying her full probation. See, Tenn. R. Crim. P. 35. Appellant was convicted upon a plea of guilty of the offense of theft of property in excess of $60,000, a Class B felony. Her original sentence, imposed April 17, 1995, was to a term of eight years in the Department of Correction as a Range I standard offender. The sentence was suspended except for one year which Appellant was ordered to serve in the Obion County Jail. A probationary period was imposed for the balance of the term and restitution ordered as a condition thereof. AFFIRMED PURSUANT TO RULE 20. URL:http://www.tba.org/tba_files/TCCA/burdenk_ord.WP6 WILLIE CLAYBROOK vs. STATE OF TENNESSEE Court:TCCA Attorneys: For Appellant: Tom W. Crider District Public Defender Periann S. Houghton Assistant Public Defender 107 South Court Square Trenton, TN 38282 For Appellee: Charles W. Burson Attorney General & Reporter M. Allison Thompson Counsel for the State 450 James Robertson Parkway Nashville, TN 37243-0493 Robert Radford District Attorney General Pro Tem P.O. Box 686 Huntingdon, TN 38344 Judge: WADE First Paragraph: The petitioner, Willie Claybrook, appeals the trial court's denial of post-conviction relief. In this appeal of right, two issues are presented for our review: (1) whether the petitioner was denied effective assistance of counsel; and (2) whether the trial court's order denying relief met the minimum statutory requirements. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/claybroo_opn.WP6 STATE OF TENNESSEE vs. STEVEN D. KING Court:TCCA Attorneys: For Appellant: For Appellee: William L. Johnson Charles W. Burson Attorney at Law Attorney General & Reporter 50 North Front Street Suite 1150 Sarah M. Branch Memphis, TN 38103 Counsel for the State 450 James Robertson Parkway Nashville, TN 37243-0493 Paul F. Goodman and Judson W. Phillips Assistant District Attorneys General Third Floor, Criminal Justice Complex 201 Poplar Avenue Memphis, TN 38103 Judge: WADE First Paragraph: The defendant, Steven D. King, was convicted of especially aggravated kidnapping, especially aggravated robbery, and felony murder. The trial court imposed concurrent sentences of 25 and 23 years for the kidnapping and robbery and a consecutive life sentence for the felony murder. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/kingsd_opn.WP6
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