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 L. GARRETT vs. DON MCDOUGLE, former Commissioner of Public Works for the City of Lebanon, and THOMAS ATCHLEY, Commissioner of Public Works for the City of Lebanon, and the CITY OF LEBANON, TENNESSEE Court:TCA Attorneys: Calvin P. Turner 202 East Gay Street Lebanon, TN 37087 ATTORNEY FOR PLAINTIFF/APPELLANT J. Russell Farrar William N. Bates P.O. Box 80838 Nashville, TN 37208 ATTORNEYS FOR DEFENDANTS/APPELLEES Judge: TODD First Paragraph: The defendants, City of Lebanon, Don McDougle, former Commissioner of Public Works, and Thomas Atchley, present Commissioner of Public Works, have appealed from a summary judgment in favor of the plaintiff, James L. Garrett awarding him $72,087.85 for wrongful discharge plus $9,218.75 attorneys fees, and restoring him to his employment with the City of Lebanon. REVERSED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/GARRETT_OPN.WP6 HOOVER, INC. vs. METROPOLITAN BOARD OF ZONING APPEALS FOR DAVIDSON COUNTY, TENNESSEE Court:TCA Attorneys: For the Plaintiff/Appellant: For the Defendant/Appellee: Thomas V. White Robert H. Jennings, Jr. Tune, Entrekin & White Nashville, Tennessee Nashville, Tennessee James R. Tomkins George A. Dean Glasgow & Veazey Parker, Lawrence, Cantrell & Dean Nashville, Tennessee Nashville, Tennessee Herbert R. Rich Nashville, Tennessee Carrol D. Kilgore Branstetter, Kilgore, Stranch & Jennings Nashville, Tennessee Judge: KOCH First Paragraph: This expedited appeal involves the efforts of a quarry operator to obtain a conditional use permit to operate at another location in Davidson County. The operator filed a petition in the Chancery Court for Davidson County seeking judicial review of the decision of the Metropolitan Board of Zoning Appeals to deny a conditional use permit. On the second appeal from the trial court, this court reversed the Board's decision and remanded the case for further proceedings. The trial court thereafter remanded the case to the Board with directions to consider the operator's application in light of the record at the original hearing together with additional evidence of changed conditions in the area since the original hearing. The operator asserts on this appeal that the trial court should have ordered the Board to issue the conditional use permit. While the trial court correctly remanded the case to the Board with directions to deliberate and make a decision, we have determined that it erred by permitting the parties to introduce new evidence once the case is remanded to the Board. We have determined that the Board's deliberations should be limited to the evidence presented at the original hearing. MODIFIED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/HOOVERIN_OP2.WP6 CHARLES JACKSON vs. CORRECTIONS CORPORATION OF AMERICA, et al. Court:TCA Attorneys: TOM ANDERSON #7104 Frankie K. Stanfill #016518 P.O. Box 483 Lexington, TN 38251 ATTORNEYS FOR PETITIONERS/APPELLEES CHARLES JACKSON #202911 W.T.H.S.F., Route 2 Green Chapel Road Henning, TN 38041 PRO SE/PLAINTIFF/APPELLANT Judge: TODD First Paragraph: The captioned plaintiff has appealed from an order of the Trial Court dismissing his "Petition for Certiorari pursuant to T.C.A. S 27-8-101" seeking relief from disciplinary action of the captioned defendants who are employees of Correction Corporation of America, a private prison contractor. The petition alleges that the disciplinary action (not specified), was taken violated T.C.A. S41-24-110. REVERSED, VACATED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/JACKSONC_OPN.WP6 ALICE LIVINGSTON, as parent and next friend of DAVID JONATHAN LIVINGSTON, a minor, and DAVID JONATHAN LIVINGSTON individually vs. UPPER CUMBERLAND HUMAN RESOURCE AGENCY Court:TCA Attorneys: JERRY LEE BURGESS Courthouse Square One South Jefferson Street Cookeville, Tennessee 38501 Attorney for Plaintiffs/Appellees J. RUSSELL FARRAR WILLIAM N. BATES 211 Seventh Avenue No., Suite 320 Nashville, Tennessee 37219-1823 Attorney for Defendant/Appellant Judge: CANTRELL First Paragraph: The issues in this case, brought under the Tennessee Governmental Tort Liability Act, include the trial judge's allocation of fault and the award of damages. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/LIVINGST_OPN.WP6 CHARLES LORIA vs. FLORENCE M. LORIA Court:TCA Attorneys: Mark W. Henderson P.O. Box 8822 Gallatin, TN 37066 ATTORNEY FOR PLAINTIFF/APPELLANT William Carter Conway 236 Court Square Franklin, TN 37064 ATTORNEY FOR DEFENDANT/APPELLEE Judge: TODD First Paragraph: In this appeal by the husband from a divorce decree, the only issue is the award of alimony in futuro rather than rehabilitative alimony. Subordinate issues are the ability of the wife to work, her needs, and the ability of the husband to supply her needs. MODIFIED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/LORIAVL_OPN.WP6 FRANK RUDY HEIRS ASSOCIATES, SHONEY'S INN OF MUSIC VALLEY, LTD. vs. SHOLODGE, INC. Court:TCA Attorneys: Charles Patrick Flynn, Gerald D. Neenam of Nashville For Plaintiffs-Appellees Eugene N. Bulso, Jr. of Boult, Cummings, Conners & Berry, PLC of Nashville, for Defendant-Appellant Judge: CRAWFORD First Paragraph: This appeal basically involves the interpretation of a contract. Defendant, Sholodge, Inc., appeals from the order of the trial court granting partial summary judgment to the plaintiff, Shoney's Inn Of Music Valley, Ltd. The trial court ruled that Sholodge breached its Limited Partnership Agreement with Frank Rudy Heirs Associates, and, therefore, granted partial summary judgment to Shoney's Inn of Music Valley, Ltd. (Partnership). The trial court referred the issue of damages to a Special Master. The trial court confirmed the report of the Special Master and awarded damages of $3,045,031.00 to the Partnership. The order was made final pursuant to Tenn.R.Civ.P. 54.02 and Sholodge has appealed. REVERSED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/RUDYF_OPN.WP6 BIENVENIDO T. SAMSON, M.D. vs. HARTSVILLE HOSPITAL, INC. Court:TCA Attorneys: EDDIE TAYLOR DONOHO, TAYLOR & TAYLOR 204 Court Street P. O. Box 179 Hartsville, Tennessee 37074 Attorney for Plaintiff/Appellee LUIS C. BUSTAMANTE J. FORD LITTLE WOOLF, MCCLANE BRIGHT, ALLEN & CARPENTER 900 S. Gay Street, Suite 900 P. O. Box 900 Knoxville, Tennessee 37901-0900 Attorneys for Defendant/Appellant Judge: CANTRELL First Paragraph: The appellant hospital has asked this court to review the question of whether Dr. Samson should be required to submit his dispute with the hospital to binding arbitration after the termination of a contract between them. The hospital insisted on arbitration, and the doctor chose to pursue his rights through the courts. The Chancery Court of Trousdale County found that the arbitration clause in the contract was no longer binding on the doctor, and it enjoined the hospital from pursuing arbitration. REVERSED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/SAMSONB_OPN.WP6 MICHELLE CREIGHTON TERRY vs. GARY D. NIBLACK, M.D. and LABORATORY INVESTMENTS, INC., d/b/a GENE PROOF TECHNOLOGIES Court:TCA Attorneys: Carol L. Soloman, #6649 L.R. Demarco, #2652 Washington Square, Suite 400 214 Second Avenue No. Nashville, TN 37201-1602 ATTORNEY FOR PLAINTIFF/APPELLANT Michael M. Castellarin, #12015 Moody, Whitfield & Castellarin 95 White Bridge Road Suite 509, Cavalier Building Nashville, TN 37205-1427 ATTORNEYS FOR DEFENDANTS/APPELLEES Judge: TODD First Paragraph: The plaintiff, Michelle Creighton Terry, has appealed from the dismissal of her suit against the defendants, Gary D. Niblack, M.D. and Laboratory Investments, Inc., d/b/a Gene Proof Technologies, for damages resulting from an erroneous result or report of result of a test for paternity, and failure to timely notify plaintiff of the error. REVERSED, VACATED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/TERRYM_OPN.WP6 WASTE MANAGEMENT, INC., OF TENNESSEE vs. SOUTH CENTRAL BELL TELEPHONE COMPANY Court:TCA Attorneys: For the Plaintiff/Appellee: For the Defendant/Appellant: Angus Gillis, III Steven E. Anderson SCHULMAN, LeROY & BENNETT BASS, BERRY & SIMS Nashville, Tennessee Nashville, Tennessee Judge: KOCH First Paragraph: This appeal stems from an incident in which a piece of broken telephone pole being dragged behind a garbage truck struck a pedestrian. The pedestrian sued the owner of the truck, the truck driver, and the telephone company in the Circuit Court for Davidson County. After the truck's owner settled all the pedestrian's claims, the trial court conducted a bench trial on the remaining claims between the truck owner and the telephone company and awarded the truck owner a $27,114.47 judgment against the telephone company. On this appeal, the telephone company asserts that the final judgment is inconsistent with the trial court's initial finding that the intervening negligence of an unknown driver, not the telephone company's installation or maintenance of its equipment, proximately caused the pedestrian's injuries. We find that the judgment must be modified because of the lack of evidence establishing a causal connection between the pedestrian's injuries and the telephone company's installation and maintenance of its lines and poles. MODIFIED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/WASTEB1_OPN.WP6 SARA EVELYN EVANS YOUNG vs. BOBBY HUGH YOUNG Court:TCA Attorneys: IRWIN VENICK DOBBINS & VENICK 2100 West End Avenue, Suite 850 Nashville, Tennessee 37203 Attorney for Plaintiff/Appellant JACK NORMAN, JR. 213 Third Avenue, North Nashville, Tennessee 37201 Attorney for Defendant/Appellee Judge: CANTRELL First Paragraph: The Circuit Court of Davidson County refused to hold Bobby Hugh Young in civil contempt for failing to perform certain parts of a divorce decree. We must decide if the dismissal of a civil contempt petition is appealable, and if so, did the trial judge err in refusing to find the respondent in contempt. We hold that the refusal to impose civil contempt sanctions is appealable, but we affirm the trial judge's decision not to hold Mr. Young in civil contempt. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/YOUNGS_OPN.WP6
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