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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- 00-New Opinions From TSC-Rules
- 16-New Opinions From TSC-Workers Comp Panel
- 25-New Opinions From TCA
- 11-New Opinions From TCCA
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DAVID DAVISON vs. TFE, INCORPORATED, CONTINENTAL INSURANCE COMPANY and LARRY BRINTON, DIRECTOR, DIVISION OF WORKERS' COMPENSATION, TENNESSEE DEPARTMENT OF LABOR Court:TSC - Workers Comp Panel Attorneys: For Appellant: For Appellee: William F. Kendall, III Thomas K. McAlexander Waldrop & Hall Christopher L Taylor Jackson, Tennessee Jackson, Tennessee Judge: Loser First Paragraph: In this appeal, the employer and its insurer argue the employee did not suffer an injury by accident as claimed. AFFIRMED. URL:http://www.tba.org/tba_files/TSC_WCP/davison_opn.WP6 WILLIAM JERRY FLIPPIN, JR. vs. PRODUCTS COMPANY Court:TSC - Workers Comp Panel Attorneys: For Appellant: For Appellee: Kathryn S. Kibbe James T. Ryal Rainey, Kizer, Butler, Reviere & Bell Adams, Ryal & Flippin Jackson, Tennessee Humboldt, Tennessee Judge: Loser First Paragraph: In this appeal, the employer questions the award of permanent partial disability benefits as being excessive and contends the award should be to the first phalange of the thumb rather than to the thumb. AFFIRMED AS MODIFIED. URL:http://www.tba.org/tba_files/TSC_WCP/FLIPPIN_OPN.WP6 NORMA GAIL FLOWERS vs. EMERSON MOTOR COMPANY Court:TSC - Workers Comp Panel Attorneys: For Appellant: For Appellee: P. Allen Phillips T. J. Emison, Jr. Waldrop & Hall Alamo, Tennessee Jackson, Tennessee Judge: Loser First Paragraph: In this appeal, the employer, Emerson Motor Company, contends the award of permanent partial disability benefits is excessive. AFFIRMED. URL:http://www.tba.org/tba_files/TSC_WCP/flowers_opn.WP6 CHARLOTTE FREEMAN vs. CPQ COLORCHROME, INC. Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellee: David W. Noblit Jeffrey W. Rufolo Leitner, Moffitt, Williams, Summers, McCrea & Wyatt, P.C. Dooley & Napolitan, PLLC 500 Lindsay Street Third Floor, Pioneer Building Chattanooga, TN 37402 Chattanooga, TN 37402 Judge: BYERS First Paragraph: While lifting a machine at work, plaintiff heard or felt a "pop" in her neck and experienced a slight tingling in her hands. Because she felt little or no pain at that time, she did not immediately suspect that the "pop" and the tingling might be symptomatic of serious injury. When she developed pain in the neck a few days later after sleeping on the arm, she sought medical care and found that she had herniated two cervical disks. AFFIRMED. URL:http://www.tba.org/tba_files/TSC_WCP/freemanc_opn.WP6 ANITA GARDNER vs. WORLD COLOR PRESS, INC. Court:TSC - Workers Comp Panel Attorneys: For Appellant: For Appellee: Mr. R. Lee Moore, Jr. Mr. George L. Morrison, III Farmer, Moore, Jones, Attorney-at-Law Hamilton & Lay P. O. Box 182 P. O. Box 763 Jackson, TN 38302 Dyersburg, TN 38025-0763 Judge: Martin First Paragraph: The issue presented is whether the trial court erred in finding that the plaintiff sustained a 20 per cent (20%) permanent partial disability to both arms. AFFIRMED. URL:http://www.tba.org/tba_files/TSC_WCP/gardner_opn.WP6 PAMELA SUE HIGGINS vs. ANGELICA CORPORATION, a/k/a ANGELICA UNIFORM GROUP, INC., a/k/a ANGELICA MANUFACTURING PLANT Court:TSC - Workers Comp Panel Attorneys: For Appellant: For Appellee: Mr. David L. Kleinfelter Ms. Lisa June Cox Dale, Rosenberg & McLean Attorney-at-Law P. O. Box 198258 64 Lynoak Cove 221 Fourth Ave., North, 5th Floor Jackson, Tennessee 38305 Nashville, Tennessee 37219-7443 Judge: Martin First Paragraph: Defendant appeals from the trial court's award of 45 per cent (45%) permanent partial vocational disability of each arm, following surgery on each wrist for carpal tunnel syndrome. Defendant raises three (3) issues, that the plaintiff's injuries are not causually related to her employment and therefore, not compensable; that the plaintiff did not give proper notice as required by Tenn. Code Ann. section 50-6-201; and that the preponderance of the evidence does not support the trial judge's finding that the plaintiff suffered a 45 per cent (45%) permanent partial vocational disability to each arm. The panel has concluded that the judgment of the trial court should be affirmed. AFFIRMED. URL:http://www.tba.org/tba_files/TSC_WCP/higgins_opn.WP6 CAROL A. HILLIARD vs. TENNESSEE STATE HOME HEALTH SERVICES, INC., now HEALTH PLUS OF TENNESSEE, INC. and AETNA CASUALTY & SURETY COMPANY Court:TSC - Workers Comp Panel Attorneys: For Appellant: For Appellee, State Farm Insurance Company: Herbert E. Patrick Clarksville, Tennessee Tom Corts Ortale, Kelley, Herbert & Crawford Gregory D. Smith Nashville, Tennessee Clarksville, Tennessee For Appellee, Aetna Casualty & Surety Company: Tracy Shaw Howell & Fisher Nashville, Tennessee Judge: Loser First Paragraph: The employee contends, in this appeal, that there is a genuine issue of material fact concerning causation and that the summary judgment of dismissal should be reversed. VACATED AND REMANDED. URL:http://www.tba.org/tba_files/TSC_WCP/HILLIARD_OPN.WP6 HUBERT HOLCOMB, JR. vs. AETNA LIFE AND CASUALTY COMPANY and DINA TOBIN, DIRECTOR OF DIVISION OF WORKERS' COMPENSATION FOR THE STATE OF TENNESSEE, DEPARTMENT OF LABOR Court:TSC - Workers Comp Panel Attorneys: For Appellant: For Appellee, Dina Tobin: John R. Cannon, Jr. Charles W. Burson The Hardison Law Firm Attorney General and Reporter Memphis, Tennessee Sandra E. Keith Assistant Attorney General Judge: Loser First Paragraph: In this appeal, the employer's insurer questions the allowance of certain credits to the Second Injury Fund (the Fund). AFFIRMED. URL:http://www.tba.org/tba_files/TSC_WCP/holcomb_opn.WP6 BRENDA JOYCE DURHAM KONYNDYK vs. EAGLE DISPLAYS, INC. Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellee: Clinton H. Swafford Robert R. Davies Swafford, Peters & Priest Davies, Cantrell & Humphreys 100 First Ave. SW 150 Second Ave., N, Ste. 225 Winchester, TN 37398 P.O. Box 190609 Nashville, TN 37219-0609 Judge: BYERS First Paragraph: The plaintiff appeals the trial court's finding that she did not retain any permanent partial disability as a result of her work-related injury. AFFIRMED. URL:http://www.tba.org/tba_files/TSC_WCP/KONYNDYK_OPN.WP6 KENNETH LAYMAN vs. HECKETHORN MFG. CO. Court:TSC - Workers Comp Panel Attorneys: For Appellant: For Appellee: Mr. R. Lee Moore, Jr. Mr. George L. Morrison, III Farmer, Moore, Jones, Attorney-at-Law Hamilton & Lay P. O. Box 182 P. O. Box 763 Jackson, TN 38302 Dyersburg, TN 38025-0763 Judge: Martin First Paragraph: In their appeal, the employer contends the award of permanent partial disability benefits is excessive. AFFIRMED. URL:http://www.tba.org/tba_files/TSC_WCP/layman_opn.WP6 HAROLD E. MOONEY vs. BRECON KNITTING MILLS, INCORPORATED and AETNA LIFE AND CASUALTY COMPANY Court:TSC - Workers Comp Panel Attorneys: For Appellant: For Appellee: John R. Cannon, Jr. Jack V. Delany The Hardison Law Firm Memphis, Tennessee Memphis, Tennessee Judge: Loser First Paragraph: In this appeal, the employer and its insurer contend the claimant's injury did not arise out of the employment and the award of permanent partial disability benefits is excessive. AFFIRMED. URL:http://www.tba.org/tba_files/TSC_WCP/mooney_opn.WP6 RANDY PERTUSET vs. PARGO'S, INC. Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellee: H. Tom Kittrell, Jr. Cyrus L. Booker 1416 Parkway Towers Mark A. Baugh 404 James Robertson Parkway First American Center Nashville, TN 37219 315 Deaderick Street Suite 1280 Nashville, TN 37238-1280 Judge: BYERS First Paragraph: The trial court dismissed the plaintiff's petition for workers' compensation benefits. The plaintiff raises the following issues: I. The trial court erred in finding that the altercation between the plaintiff and Thomas Wilson, a co employee, was not an "accident" sufficient to justify an award of workers' compensation benefits. II. The trial court erred in finding that the medical evidence was insufficient to justify an award based on a mental or nervous disorder. AFFIRMED. URL:http://www.tba.org/tba_files/TSC_WCP/PERTUSET_OPN.WP6 JAMES RAY SCOTT vs. MA HANNA COMPANY, d/b/a COLONIAL RUBBER WORKS, INC., and RELIANCE INSURANCE COMPANY Court:TSC - Workers Comp Panel Attorneys: For Appellants: For Appellee: Mr. Ralph I. Lawson Mr. David M. Hardee Lawson & Lawson Hardee, Martin and Jaynes, P.A. 306 Church Ave. 213 E. Lafayette Dyersburg, Tennessee 38025-1207 Jackson, Tennessee 38301 Judge: Martin First Paragraph: In this appeal, the employer questions the award of permanent partial disability benefits as being excessive. AFFIRMED AS MODIFIED. URL:http://www.tba.org/tba_files/TSC_WCP/scott_opn.WP6 MOLLY FAYE SMALLMAN vs. SHELBY WILLIAMS INDUSTRIES, INC. Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellee: Douglas R. Beier Joseph J. Doherty Evans & Beier Wimberly, Lawson, Norton & Luhn P.O. Box 1754 Liberty Center Morristown, TN 37816-1754 P.O. Box 1066 Morristown, TN 37816-1066 Judge: BYERS First Paragraph: The trial court below awarded plaintiff 17% permanent partial disability to each arm. Plaintiff appeals, arguing that the evidence preponderates in favor of a higher award. AFFIRMED. URL:http://www.tba.org/tba_files/TSC_WCP/smallman_opn.WP6 JAMES CLIFFORD TATUM vs. METHODIST HOSPITAL OF DYERSBURG and SUE ANN HEAD, DIRECTOR OF THE DIVISION OF WORKERS' COMPENSATION, TENNESSEE DEPARTMENT OF LABOR SECOND INJURY FUND Court:TSC - Workers Comp Panel Attorneys: For Appellant: For Appellee: Ms. Sandra E. Keith Mr. Charles M. Agee, Jr. Assistant Attorney General Attorney-at-Law Cordell Hull Bldg., 2nd Floor P. O. Box 280 426 5th Ave., North Dyersburg, TN38025 Nashville, TN 37243 Judge: Martin First Paragraph: The director of the Workers' Compensation Division of Tennessee Department of Labor, as trustee for the Second Injury Fund (Second Injury Fund), appeals from the decision of the trial court. JUDGMENTS OF TRIAL COURT SET ASIDE; CASE REMANDED FOR NEW TRIAL. URL:http://www.tba.org/tba_files/TSC_WCP/tatum_opn.WP6 YASUDA FIRE & MARINE INSURANCE COMPANY OF AMERICA vs. FRANCINE KUNTZ Court:TSC - Workers Comp Panel Attorneys: For Appellant: For Appellee: Mary Sullivan Moore Phillip R. Newman D. Brett Burrow Sarah Hardcastle Hardison Brewer, Krause, Brooks & Mills Manier, Herod, Hollabaugh Nashville, Tennessee & Smith Nashville, Tennessee Judge: Loser First Paragraph: This appeal presents us with an issue involving venue in a workers' compensation case. AFFIRMED. URL:http://www.tba.org/tba_files/TSC_WCP/YASUDAFI_OPN.WP6 GORDON BURKS vs. BELZ-WILSON PROPERTIES, (a join venture, comprised of BELZ INVESTMENT COMPANY, SPENCE L. WILSON, ROBERT A. WILSON, KEMMONS WILSON, JR., CAROLE A. WILSON-WEST and DOROTHY E. W. MOORE), BELZ INVESTMENT COMPANY, INC., a corporation; BELZ INVESTMENT COMPANY, a partnership comprised of PHILLIP BELZ, JACK A. BELZ and KEMMONS WILSON; WILBLETON GYMNASTICS, INC., a corporation, and PRIDE CONSTRUCTION COMPANY, INC. Court:TCA Attorneys: Mark Ledbetter of Memphis Dan T. Bing of Memphis For Plaintiff-Appellant Richard Glassman and James F. Horner Glassman, Jeter, Edward & Wade, P.C., of Memphis For Appellees, Belz-Wilson Properties Judge: CRAWFORD First Paragraph: This is a negligence case involving the interpretation and application of a release. Plaintiff, Gordon Burks, appeals from the order of the trial court granting summary judgment to defendants, Belz-Wilson Properties (a joint venture), Belz Investment Company (a partnership), Spence L. Wilson, Robert A. Wilson, Kemmons Wilson, Jr., Carole A.Wilson-West, and Dorothy E. W. Moore. REVERSED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/burks_opn.WP6 WAYNE ARLE CUNNINGHAM vs. DEPARTMENT OF SAFETY, STATE OF TENNESSEE Court:TCA Attorneys: For the Plaintiff/Appellant: For the Defendant/Appellee: Mr. Howard B. Barnwell, Jr. Charles H. Burson Chattanooga, Tennessee Attorney General and Reporter Rebecca Lyford Assistant Attorney General Judge: KOCH First Paragraph: This appeal involves a father's efforts to regain possession of his 1986 Corvette that was seized incident to his son's arrest for selling marijuana to an undercover officer. The Commissioner of Safety, overruling an administrative law judge's decision to return the automobile, determined that the father and the son co-owned the Corvette and ordered its forfeiture subject to the father's and a secured creditor's interests. The Chancery Court for Davidson County affirmed the forfeiture order, and the father appealed to this court. We have determined that the record does not contain substantial and material evidence supporting the Commissioner's conclusion that the son was the co-owner of his father's Corvette. Accordingly, we reverse the forfeiture order. REVERSED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/CUNGHMWA_OPN.WP6 BETTY S. FRAZIER vs. HERITAGE FEDERAL BANK FOR SAVINGS AND HERITAGE FEDERAL BANK SHARES, INC., and now, pursuant to a plan of merger, FIRST AMERICAN CORPORATION and FIRST AMERICAN NATIONAL BANK Court:TCA Attorneys: CECIL W. LAWS, Kingsport, for Plaintiff-Appellee. JOHN B. PHILLIPS, JEFFREY S. NORWOOD and RAYMOND H. HIXSON, Jr., MILLER & MARTIN, Chattanooga, JOHN S. BRYANT and KAREN L. C. ELLIS, BASS, BERRY & SIMS, PLC, Nashville, and WILLIAM T. GAMBLE, WILSON, WORLEY, GAMBLE & WARD, P.C., Kingsport, for Defendants-Appellants. Judge: Franks First Paragraph: In this action for damages, the Chancellor determined that plaintiff's employer had discriminated against plaintiff on the basis of age and sex, and awarded damages pursuant to the Tennessee Human Rights Act, (THRA) T.C.A. S4-21-101, et seq. Defendants have appealed. AFFIRMED and REMANDED. URL:http://www.tba.org/tba_files/TCA/frazierb_opn.WP6 EDGAR HAROLD HARRIS, II vs. DOMINION BANK OF MIDDLE TENNESSEE and DOMINION BANKSHARES MORTGAGE CORP. Court:TCA Attorneys: H. ROWAN LEATHERS, III RANDALL C. FERGUSON MANIER, HEROD, HOLLABAUGH & SMITH First Union Tower - Suite 2200 150 Fourth Avenue North Nashville, Tennessee 37219 Attorneys for Plaintiff/Appellee CHARLES R. RAY 211 Third Avenue North P. O. Box 198288 Nashville, Tennessee 37219-8288 Attorney for Defendant/Appellant Judge: CANTRELL First Paragraph: The plaintiff, Edgar Harold Harris, sued the Dominion Bank of Middle Tennessee for firing him because of his age. He also sued Dominion Bankshares Mortgage Group for refusing to hire him for the same reason. In each case the jury returned a verdict for the plaintiff for lost pay and benefits to the date of trial and for past and future humiliation and embarrassment. On appeal the defendants argue that the facts do not support the verdicts, that the verdicts award Mr. Harris a double recovery, that it was error for the trial judge to instruct the jury to return general verdicts, and that the trial judge's charge was otherwise erroneous. REVERSED IN PART, MODIFIED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/harriseh_opn.WP6 DAWNE HEPP vs. JOE B'S, INC Court:TCA Attorneys: For the Plaintiff/Appellant: For the Defendant/Appellee: Frank J. Runyon Patrick J. McHale Clarksville, Tennessee Brentwood, Tennessee Judge: KOCH First Paragraph: This appeal involves a customer of a sports bar who was injured as a result of a fight between other customers. The customer filed suit in the Circuit Court for Montgomery County against the sports bar and the customer who provoked the fight. The trial court granted a summary judgment dismissing the claims against the sports bar, and the customer appealed to this court. We have determined that the summary judgment was proper and, therefore, affirm the dismissal of the customer's claims against the sports bar. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/HEPPD_OPN.WP6 THOMAS G. HONEYCUTT and wife FANNY M. HONEYCUTT vs. BOBBY JERALD PRICE and wife BETTY J. PRICE Court:TCA Attorneys: DOUGLAS M. ANDERSON OF KNOXVILLE FOR APPELLANTS THOMAS PRIVETTE, JR., OF KNOXVILLE FOR APPELLEES Judge: Goddard First Paragraph: Defendants Bobby Jerald Price and his wife, Betty J. Price, appeal a judgment of the Chancery Court for Knox County wherein the Court fixed the boundary line between property owned by them and property owned by Plaintiffs Thomas G. Honeycutt and his wife, Fanny M. Honeycutt, in accordance with the Honeycutts' insistence. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/honeycut_opn.WP6 THERESA HYDE vs. STATE OF TENNESSEE, THE UNIVERSITY OF TENNESSEE, and THE UNIVERSITY OF TENNESSEE AT CHATTANOOGA Court:TCA Attorneys: LAWRENCE H. PUCKETT OF CLEVELAND FOR APPELLANT F. R. EVANS OF CHATTANOOGA FOR APPELLEES Judge: Goddard First Paragraph: This case involves a personal injury by the Plaintiff/Appellant, Theresa Hyde, at a concert held at the University of Tennessee Chattanooga Arena. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/hydeth_opn.WP6 EDWARD RAY JOHNSON, SR. vs. TOMMYE KAYE JOHNSON Court:TCA Attorneys: STUART BRIAN BREAKSTONE LAW OFFICE OF DON OWENS, P.A. Memphis, Tennessee Attorney for Appellant ASA H. HOKE Memphis, Tennessee Attorney for Appellee Judge: HIGHERS First Paragraph: In this divorce case, Tommy Kaye Johnson ("Wife") filed for divorce from Edward Ray Johnson ("Husband") on the grounds of inappropriate marital conduct and irreconcilable differences. The trial court granted both parties a divorce and ordered Husband to pay $800.00 per month in rehabilitative alimony for eighteen months. The trial court awarded custody of the parties' three minor children to the Husband and ordered Wife to pay child support. Wife was awarded the Hadley Street duplexes, and Husband was awarded the Limewood residence, the Oak Park property and the Clayphil property. Each party was allowed to keep all items of personal property currently held in their possession. The trial court equally divided the parties' account at Boatman's Bank which contained the parties' remaining fire insurance proceeds. The trial court declined to award Wife a portion of the Husband's retirement account and ordered each party to pay their own attorney fees. Husband appeals the judgment of the court below arguing that the trial court erred in its division of the real property, in its division of the fire insurance proceeds, and in its award of rehabilitative alimony. AFFIRMED IN PART AND REVERSED IN PART. URL:http://www.tba.org/tba_files/TCA/JOHNSONE_OPN.WP6 WILLIE LOMAX and wife BOBBIE LOMAX vs. HEADLEY HOMES, a Tennessee General Partnership composed of Dennis Headley and Betty Headley, AND LEADER FEDERAL BANK FOR SAVINGS and GEORGE E. BURTON Court:TCA Attorneys: J. Alan Hanover, Jeffrey S. Rosenblum, HANOVER, WALSH, JALENAK & BLAIR, PLLC, Memphis, Tennessee Attorney for Plaintiffs/Appellants. Robert E. Craddock, Jr., O. John Norris, III, WYATT, TARRANT & COMBS, Memphis, Tennessee Attorney for Defendants/Appellees Union Planters National Bank and George E. Burton. Judge: FARMER First Paragraph: Plaintiffs Willie and Bobbie Lomax appeal the trial court's order entering summary judgment in favor of Defendants/Appellees Leader Federal Bank for Savings and George E. Burton. The trial court apparently granted the Defendants' motion for summary judgment based upon the provisions of the Construction Loan Agreement entered into between the Lomaxes and Leader Federal. We affirm the trial court's order as to Defendant George E. Burton. With regard to Defendant Leader Federal, however, we reverse and remand for further proceedings. AFFIRMED IN PART, REVERSED IN PART AND REMANDED. URL:http://www.tba.org/tba_files/TCA/lomaxw_opn.WP6 GERALD L. MARTIN and wife JUDY A. MARTIN vs. PAUL M. TRICE Court:TCA Attorneys: JERRY SHATTUCK OF CLINTON FOR APPELLANT ROGER L. RIDENOUR OF CLINTON FOR APPELLEES Judge: Goddard First Paragraph: We granted an interlocutory appeal pursuant to Rule 9 of the Tennessee Rules of Appellate Procedure to determine if the Trial Court was correct in allowing the Plaintiffs, Gerald L. Martin and his wife, Judy A. Martin, to amend their complaint to seek damages for Mrs. Martin's personal injuries in addition to a loss of consortium claim she sought in the original complaint. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/marting_opn.WP6 MARILYN MORGAN vs. VELMA McCRORY Court:TCA Attorneys: COREY B. TROTZ Memphis, Tennessee Attorney for Appellant LOUIS F. ALLEN ROBERT B. C. HALE WARING COX, PLC Memphis, Tennessee Attorneys for Appellee Judge: HIGHERS First Paragraph: In this slip and fall case, Marilyn Morgan ("Plaintiff") filed suit against Velma McCrory ("Defendant") for injuries sustained from a fall at Defendant's apartment. The trial court granted the Defendant's motion for a directed verdict at the close of Plaintiff's proof holding that Plaintiff's negligence was at least equal to that of the Defendant because the Plaintiff failed to traverse an alternative "unobstructed, normal pathway which would have been only slightly a few feet further out of her way than the other direction." Plaintiff appeals the judgment of the court below arguing that the trial court erred in granting the Defendant's motion for a directed verdict. AFFIRMED. URL:http://www.tba.org/tba_files/TCA/MORGANM_OPN.WP6 JOSEPH F. MYERS, and CARL D. KLIMEK d/b/a MK ASSOCIATES, vs. PICKERING FIRM, INCORPORATED Court:TCA Attorneys: Richard M. Carter and Scott T. Beall Martin, Tate, Morrow & Marston, P.C., of Memphis For Plaintiffs-Appellants Jerry O. Potter and William B. Walk, Jr. The Hardison Law Firm, P.C. For Defendant-Appellee Judge: CRAWFORD First Paragraph: This appeal involves a suit for libel and for procurement of breach of contract. AFFIRMED AS MODIFIED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/myers_opn.WP6 IN RE: THE ESTATE OF SHERMAN OVERTON, Deceased BETTY OVERTON vs. MAE OLMSTEAD, MATTIE GOAD, ERVIE OVERTON, GLENNIS PAYNE, ARLIE OVERTON, and ARVIL OVERTON Court:TCA Attorneys: JAMES FRANK WILSON OF WARTBURG FOR APPELLANTS JOHNNY V. DUNAWAY OF LaFOLLETTE FOR APPELLEE Judge: Goddard First Paragraph: Certain of the children and next of kin of Sherman Overton appeal a judgment of the Probate Division of the General Sessions Court for Scott County which first denied their motion to dismiss the petition for probate filed by Betty Overton, one of their siblings, on the ground that such an action was barred by the statute of limitations. The Probate Judge thereafter found that it was appropriate the estate be probated. He then granted letters of administration to Sidney R. Seals, a licensed attorney, who, according to the Trial Court, was a disinterested third party. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/overtons_opn.WP6 DOROTHY PATTERSON vs. GERALD B. AMOS, et ux., WILMA J. AMOS Court:TCA Attorneys: For Appellants: For Appellee: W. LANDIS TURNER TOMMY E. DOYLE Keaton, Turner & Spitzer Linden, Tennessee Hohenwald, Tennessee Judge: Susano First Paragraph: This case involves a dispute regarding the ownership of real property fronting on Tom's Creek in Perry County. The trial court granted the plaintiff summary judgment, finding that the plaintiff's deed conveyed to her a strip of land fronting 35 feet on the waters of Tom's Creek. The defendants, adjacent property owners, appealed, contending that there are disputed material facts that make summary judgment inappropriate. We agree. VACATED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/PATTERSN_OPN.WP6 JAMES DOYLE RUST, II vs. KAREN RUTH WAX RUST GERBMAN Court:TCA Attorneys: RONALD L. STONE 6th Floor, 211 Printers Alley Nashville, Tennessee 37201 Attorney for Plaintiff/Appellant BRAD W. HORNSBY (At trial) JAY B. JACKSON (On appeal) BULLOCK, FLY & McFARLIN 301 N. Spring Street P. O. Box 398 Murfreesboro, Tennessee 37133-0398 Attorney for Defendant/Appellee Judge: CANTRELL First Paragraph: Mr. Rust experienced a dramatic decline in income after his divorce, and petitioned for a reduction in his child support obligation. Following a lengthy course of litigation, the trial court reduced his obligation from $1,500 per month to $690 per month, and made the reduction retroactive to the date he petitioned for the modification. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/RUSTJD_OPN.WP6 ELENA TURNER SMITH vs. DAVID E. PARTRIDGE and BEVCO PARKING COMPANY Court:TCA Attorneys: SHANNON D. FAULKNER, III, OF KNOXVILLE FOR APPELLANT WILLIAM A. YOUNG and MARY ELIZABETH MADDOX OF KNOXVILLE FOR APPELLEES Judge: Goddard First Paragraph: This is an appeal from a judgment pronounced on a jury verdict dismissing a suit by Plaintiff Elena Turner Smith against Defendants David E. Partridge and his employer, Bevco Parking Company. The suit sought damages as a result of a vehicular accident occurring on September 28, 1990, about 9:00 a.m. The jury verdict found the fault in the accident should be attributed 75 percent to Ms. Smith and 25 percent to Mr. Partridge. The jury's verdict was implicitly approved by the Trial Court in overruling the motion for a new trial, which raised the preponderance of the evidence issue. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/smithel_opn.WP6 STATE OF TENNESSEE, DHS, and Assignee of: STACY PETTUS vs. ROBERT LEE SMITH Court:TCA Attorneys: ROBERT LEE SMITH, Pro Se CHARLES W. BURSON, Attorney General & Reporter, and KIMBERLY M. FRAYN, Assistant Attorney General, NASHVILLE, FOR DEPARTMENT OF HUMAN SERVICES Judge: Goddard First Paragraph: Robert Lee Smith appeals judgment of the Anderson County Juvenile Court which ordered him to pay arrearage of child support payments, which were originally due Stacy Pettus, to the State of Tennessee in the amount of $38,354, payable at an amount of $40.00 per month. The issues that Mr. Smith, a pro se Appellant, raises on appeal are not entirely clear from his brief. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/statedhs_opn.WP6 CARL WILLIAM STROUD, JR. vs. SANDRA FAYE STROUD Court:TCA Attorneys: Paul Bates; Boston, Bates & Holt of Lawrenceburg For Appellee Robert D. Massey of Pulaski For Appellant Judge: CRAWFORD First Paragraph: This is a child custody case. Defendant, Sandra Faye Stroud (Mother), appeals from the order of the trial court granting the petition to change custody filed by the plaintiff, Carl William Stroud, Jr. (Father). VACATED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/STROUD_OPN.WP6 JON H. TATE vs. KENNETH MASHBURN Court:TCA Attorneys: GEORGE F. LEGG and CHADWICK B. TINDELL OF KNOXVILLE FOR APPELLANT J. REED DIXON OF SWEETWATER FOR APPELLEE Judge: Goddard First Paragraph: In this real estate contract dispute over the return of the Buyer's earnest money, Jon H. Tate, Buyer of real property, appeals the Monroe Chancery Court's decision to grant summary judgment in his favor for only $10,000 plus prejudgment interest as to earnest money that he paid to the Seller, Kenneth Mashburn. VACATED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/tatejo_opn.WP6 WINDON H. TAYLOR and SARAH A. TAYLOR vs. T? OFFICE EQUIPMENT, INC., JERALD W. NICHOLS and GAYLE J. NICHOLS Court:TCA Attorneys: For Appellants For Appellees LARRY L. CRAIN LOUIS W. OLIVER, III Brentwood, Tennessee Hendersonville, Tennessee Judge: Susano First Paragraph: Windon H. Taylor and his wife, Sarah A. Taylor (collectively "the Taylors"), sued T? Office Equipment, Inc. (T?) and Jerald W. Nichols and his wife, Gayle J. Nichols (collectively "the Nichols"), alleging that the defendants had defaulted on a promissory note. The trial court found that a default had occurred. It then held that the Nichols were obligated under the note to pay $11,960.13 in attorney's fees. AFFIRMED IN PART VACATED IN PART REMANDED. URL:http://www.tba.org/tba_files/TCA/taylor_opn.WP6 TRADE SHOW NETWORK, INC. vs. TANNER & ASSOCIATES AND MIKE TANNER, individually Court:TCA Attorneys: W. CARL SPINING Third Floor, Noel Place 200 Fourth Avenue North Nashville, TN 37219-8985 Attorney for Plaintiff/Appellee G. THOMAS NEBEL JOHN B. CARLSON Suite 1425, First American Center 315 Deaderick Street Nashville, TN 37238-1425 Attorneys for Defendants/Appellants Judge: CANTRELL First Paragraph: In this action to domesticate a Georgia judgment, the trial judge refused to consider the judgment debtor's answer and counterclaim because they were filed late. We hold that under the circumstances of this case the judgment debtor should have been allowed to file the answer and counterclaim, but that the answer did not raise any defense to the foreign judgment. Therefore, we affirm the order domesticating the Georgia judgment and remand the cause for consideration of the counterclaim. AFFIRMED IN PART; REVERSED IN PART: AND REMANDED. URL:http://www.tba.org/tba_files/TCA/tradesho_opn.WP6 DEBORAH TUGGLE vs. SHELBY COUNTY GOVERNMENT, and JAMES BROWN, In His Official Capacity as Executive Director of OAKVILLE HEALTH CARE CENTER Court:TCA Attorneys: CARROLL C. JOHNSON Memphis, Tennessee Attorney for Defendants/Appellants JOEDAE L. JENKINS Memphis, Tennessee Attorney for Plaintiff/Appellee Judge: TOMLIN First Paragraph: In this workers compensation case, Deborah Tuggle ("Plaintiff") seeks benefits for injuries sustained while weighing a patient at the Oakville Health Care Center, an agency of Shelby County Government ("Defendant"). The trial court awarded the Plaintiff $41,463.80 based upon a forty-five percent permanent partial disability rating to the body as a whole; $4,895.29 based upon a temporary total disability of 21.2 weeks; $1,329.00 for past medical expenses; and all future medical expenses reasonably incurred by Plaintiff for treatment of her cervical and lumbar strain and bilateral carpal tunnel syndrome. The Defendants appeal the judgment of the trial court arguing that the Plaintiff did not sustain any permanent disability which arose out of and in the course of her employment; and, alternatively, if the Plaintiff did sustain any permanent disability arising out of and in the course of her employment, then the trial court's award of damages was excessive. AFFIRMED. URL:http://www.tba.org/tba_files/TCA/TUGGLED_OPN.WP6 JIM VOSS vs. SHELTER MUTUAL INSURANCE COMPANY, SHELTER GENERAL INSURANCE COMPANY, and SHELTER LIFE INSURANCE COMPANY OF COLUMBIA MISSOURI Court:TCA Attorneys: GERALD F. EASTER & KAREN R. CICALA, Memphis, Attorneys for Plaintiff. JAMES E. CONLEY and JOHN H. DOTSON, Thomason, Hendrix, Harvey, Johnson & Mitchell, Memphis, Attorneys for Defendants. Judge: TOMLIN First Paragraph: Jim Voss (hereinafter "Voss" or "Plaintiff") filed suit in the Circuit Court of Shelby County against Shelter Mutual Insurance Company, Shelter General Insurance Company, and Shelter Life Insurance Company of Columbia, Missouri, (hereinafter "Shelter" or "Defendant") seeking damages allegedly caused by a breach of contract, wrongful termination of agency agreement, retaliatory discharge, and libel and slander. The trial court granted summary judgment in favor of Shelter on all claims except that of retaliatory discharge. The case was tried to a jury, which resulted in a verdict in favor of plaintiff in the amount of $165,077.00. The trial court overruled Shelter's Motion for a Judgment NOV, or In the Alternative, for a New Trial. Shelter has raised two issues for our consideration on appeal: Whether the trial court (1) erred in failing to grant its Motion for a Directed Verdict at the close of plaintiff's proof as well as at the close of all the proof; and (2) in failing to properly charge the jury as to the law of retaliatory discharge. For the reasons hereinafter stated we reverse the judgment of the trial court and dismiss. REVERSED AND DISMISSED. URL:http://www.tba.org/tba_files/TCA/voss_opn.WP6 DAVID L. WASHINGTON vs. DEPARTMENT OF CORRECTION, ET AL Court:TCA Attorneys: For the Plaintiff/Appellant: For the Defendants/Appellees: David L. Washington Charles W. Burson Pro Se Attorney General and Reporter Merrilyn Feirman Assistant Attorney General Judge: KOCH First Paragraph: This appeal involves a prisoner's challenge to the Department of Correction's calculation of his sentence reduction credits. After exhausting his departmental remedies, the prisoner filed a declaratory judgment action in the Chancery Court for Davidson County. The trial court granted the Department's motion for summary judgment and dismissed the complaint. We have determined that the record does not support granting a summary judgment and, accordingly, vacate the judgment pursuant to Tenn. Ct. App. R. 10(b). VACATED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/washingd_opn.WP6 CONNIE A. WILLIAMS vs. MICHAEL C. WILLIAMS WITH OPINION DISSENTING IN PART AND CONCURRING IN THE RESULT Court:TCA Attorneys: For the Respondent/Counter For the Petitioner/ -Petitioner/Appellant: Counter-Respondent/ Appellee: Rankin P. Bennett Craig P. Fickling Cookeville, Tennessee Cookeville, Tennessee Judge: LILLARD First Paragraph: This is a child custody case. In 1991, the parties divorced pursuant to a marital dissolution agreement. Under the agreement, the mother, Connie A. Montgomery (formerly Williams), was awarded custody of the parties' sons, with visitation to the father, Michael C. Williams. Subsequently, Mr. Williams filed a petition for change of custody, which was granted by the trial court. We find insufficient change of circumstances to justify a change of custody and reverse the decision of the trial court. REVERSED IN PART, AFFIRMED IN PART AND REMANDED. URL:http://www.tba.org/tba_files/TCA/williaca_opn.WP6 URL:http://www.tba.org/tba_files/TCA/williaca_dis.WP6 STATE OF TENNESSEE vs. ROBERT HARRISON BLEVINS Court:TCCA Attorneys: For the Appellant: For the Appellee: David F. Bautista Charles W. Burson District Public Defender Attorney General of Tennessee and and Debbie Huskins Sandy R. Copous Asst District Public Defender Asst Attorney General of Tennessee 142 East Market St. 450 James Robertson Parkway Johnson City, TN 37601 Nashville, TN 37243-0493 (AT TRIAL) David E. Crockett Laura Rule Hendricks District Attorney General 606 W. Main Street Route 19, Box 99 P.O. Box 84 Johnson City, TN 37601 Knoxville, TN 37901-0084 and and Kent Garland District Public Defender's Office Asst District Attorney General for the 1st Judicial District P.O. Box 38 142 East Market Street Jonesborough, TN 37659 Johnson City, TN 37601 (ON APPEAL) Judge: Tipton First Paragraph: The defendant, Robert Harrison Blevins, appeals as of right from a jury conviction in the Washington County Criminal Court for burglary, a Class E felony, and vandalism of property valued under five hundred dollars, a Class A misdemeanor. He was sentenced as a career offender to six years in the custody of the Department of Correction for the felony and to eleven months and twenty-nine days for the misdemeanor to be served concurrently, but consecutively to previously imposed sentences. The trial court also imposed fines totaling five thousand, five hundred dollars. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/blevinsr_opn.WP6 STATE OF TENNESSEE vs. PATRICIA CAROL CHERRY Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: MICHAEL R. JONES CHARLES W. BURSON District Public Defender Attorney General & Reporter 109 S. Second St. Clarksville, TN 37040 GEORGIA BLYTHE FELNER Counsel for the State Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 JOHN W. CARNEY, JR. District Attorney General 204 Franklin St. Ste. 200 Clarksville, TN. 37040-3420 DENT MORRISS Asst. District Attorney General 500 South Main St. Springfield, TN 37172 Judge: WITT First Paragraph: The defendant, Patricia Carol Cherry, was convicted in a bench trial in the Robertson County Circuit Court of driving under the influence, a Class A misdemeanor, and reckless driving, a Class B misdemeanor. On the first count, the trial judge sentenced Cherry to serve eleven months and twenty-nine days and to spend twenty-five hours in public service. He suspended her driving privileges for one year. For reckless driving, she received a six-month sentence concurrent to the sentence for driving under the influence. The trial judge ordered her to serve four days on two consecutive weekends and suspended the remainder of her sentences. In this direct appeal, the defendant challenges the sufficiency of the evidence. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/cherrypc_opn.WP6 STATE OF TENNESSEE vs. DARYL CONNER Court:TCCA Attorneys: For the Appellant: For the Appellee: MELANIE E. TAYLOR CHARLES W. BURSON and Attorney General and Reporter WILLIAM JOHNSON Attorneys at Law MICHAEL J. FAHEY, II 50 Front Street, Suite 1150 Assistant Attorney General Memphis, TN 38103 Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 WILLIAM GIBBONS District Attorney General DAVID SHAPIRO GLEN BAITY Asst. District Attorneys General Criminal Justice Complex Third Floor, 201 Poplar Memphis, TN 38103 Judge: Hayes First Paragraph: The appellant, Daryl Conner, was convicted by a Shelby County jury of robbery. The sole issue presented on appeal is whether the evidence adduced at trial is sufficient to support the jury's verdict. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/conner_opn.WP6 STATE OF TENNESSEE vs. DANNY RAY DORRIS Court:TCCA Attorneys: For the Appellant: For the Appellee: David Allen Doyle Charles W. Burson District Public Defender Attorney General of Tennessee and and Steven F. Glaser Peter Coughlan Assistant Public Defender Asst Attorney General of Tennessee 117 East Main Street 450 James Robertson Parkway Gallatin, TN 37066 Nashville, TN 37243-0493 Lawrence Ray Whitley District Attorney General and Dee Gay Asst District Attorney General 113 East Main Street Gallatin, TN 37066 Judge: Tipton First Paragraph: The defendant, Danny Ray Dorris, appeals as of right upon reservation of a certified question of law from the Sumner County Criminal Court. Upon his plea of guilty, the defendant was convicted of felonious possession with the intent to sell marijuana and sentenced to two years, with ninety days of his sentence to be served in jail and the remainder of his sentence to be served in a community corrections program. The case arose from a search of the defendant's residence pursuant to a warrant. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/dorrisdr_opn.WP6 STATE OF TENNESSEE vs. FRANKIE HILL Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: ROBERT S. PETERS CHARLES W. BURSON Swafford, Peters & Priest Attorney General & Reporter 100 First Avenue, S.W. Winchester, TN 37398 MARK H. CHEN Assistant Attorney General Civil Rights & Claims Division 404 James Robertson Pkwy. Ste. 2000 Nashville, TN 37243-0488 C. MICHAEL LAYNE District Attorney General STEPHEN E. WEITZMAN Asst District Attorney General P.O. Box 147 Manchester, TN 37355 Judge: WITT First Paragraph: Appellant, Frankie Hill, appeals his conviction of driving while intoxicated second offense. In this direct appeal, appellant's sole issue is whether the evidence presented at his jury trial in Coffee County Circuit Court was insufficient as a matter of law to support his conviction. Upon review of the record before us, we affirm the judgment of conviction of the trial court. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/hillf_opn.WP6 RICHARD GARY HORTON vs. STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: Robert N. Meeks Charles W. Burson 3505 Brainerd Road Attorney General of Tennessee P.O. Box 8086 and Chattanooga, TN 37414 Sarah M. Branch Counsel for the State 450 James Robertson Parkway Nashville, TN 37243-0493 William H., Cox, III District Attorney General and Bates Bryan, Jr. 600 Market Street, Suite 310 Chattanooga, TN 37402 Judge: Tipton First Paragraph: The petitioner, Richard Gary Horton, appeals as of right from the Hamilton County Criminal Court's dismissal of his petition for post-conviction relief. The petitioner was convicted of attempted second degree murder and received a ten-year sentence. This court affirmed the petitioner's conviction. State v. Richard Gary Horton, No. 03C01-9306-CR-00172, Hamilton County (Tenn. Crim. App. Dec. 2, 1993), app. denied (Tenn. Apr. 4, 1994). On March 27, 1995, the petitioner filed a pro se post-conviction petition. Counsel was appointed and filed an amended petition that alleges that the petitioner's counsel was ineffective for failing to investigate the facts of the case and that the petitioner's due process and equal protection rights were violated because he was initially indicted for reckless endangerment but was indicted for attempted first degree murder in retaliation for his refusal to plead guilty. The trial court dismissed the petition after an evidentiary hearing, concluding that the petitioner failed to establish that he received the ineffective assistance of counsel or that the attempted first degree murder indictment was the result of prosecutorial vindictiveness. The sole issue for our review is whether the trial court erred by denying the petition on the prosecutorial vindictiveness ground. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/hortonrg_opn.WP6 STATE OF TENNESSEE vs. PENELOPE R. KARNES Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: COMER L. DONNELL CHARLES W. BURSON District Public Defender Attorney General and Reporter KAREN G. CHAFFIN M. ALLISON THOMPSON Assistant Public Defender Assistant Attorney General 213 North Cumberland Street 450 James Robertson Parkway P.O. Box 888 Nashville, TN 37243-0493 Lebanon, TN 37087 TOM P. THOMPSON, JR. District Attorney General DOUG HALL Asst District Attorney General 111 Cherry Street Lebanon, TN 37087 Judge: RILEY First Paragraph: The appellant, Penelope R. Karnes, appeals the sentences imposed by the Criminal Court of Wilson County following her guilty plea to two (2) counts of vehicular assault. The trial court ordered her to serve four (4) years on each count in the Tennessee Department of Correction to be served consecutively. On appeal, Karnes claims that the trial court erred by: (1) imposing excessive sentences; (2) denying probation; and (3) ordering that the sentences be served consecutively. We affirm the judgment of the trial court. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/karnespr_opn.WP6 MARVIN ANTHONY MATHEWS vs. STATE OF TENNESSEE Court:TCCA First Paragraph: This matter is before the Court upon the state's motion, pursuant to Rule 20, Rules of the Court of Criminal Appeals, to affirm the judgment of the trial court in this case by order rather than formal opinion. The above-captioned case represents an appeal from the trial court's denial of the petitioner's petition for writ of habeas corpus. The record was filed on January 17, 1997, and the petitioner filed his brief on March 27, 1997. The petitioner is currently serving a life sentence, having been found to be a habitual criminal, pursuant to T.C.A. S 39-1-806 (repealed 1989), in 1988. The petitioner contends that this statute violates his constitutional right to due process. He also contends that the reasonable doubt instruction used during trial is unconstitutional. URL:http://www.tba.org/tba_files/TCCA/MATHEWS_ORD.WP6 STATE OF TENNESSEE vs. WILLIE C. TAYLOR Court:TCCA First Paragraph: The appellant, Willie C. Taylor, has filed a petition requesting a rehearing of the opinion filed in this cause on April 2, 1997. The appellant contends that his sentence was illegal and that his guilty plea should be set aside. In this petition, the appellant now states that the Court failed to consider certain facts included in the record. However, the appellant would have this Court arrive at conclusions and make findings of fact which were not found by the trial court. URL:http://www.tba.org/tba_files/TCCA/taylorw_ord.WP6 STATE OF TENNESSEE vs. KENNETH L. WARREN Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JOHN H. HENDERSON CHARLES W. BURSON District Public Defender Attorney General & Reporter DIANE CROSIER PATRICIA C. KUSSMANN Assistant Public Defender Assistant Attorney General P.O. Box 68 450 James Robertson Parkway Franklin, TN 37065-0068 Nashville, TN 37243-0493 JOSEPH D. BAUGH District Attorney General JOHN BARRINGER Assistant District Attorney P.O. Box 937 Franklin, TN 37065-0937 Judge: WITT First Paragraph: The defendant, Kenneth L. Warren, pleaded guilty in Williamson County Circuit Court to one count of driving under the influence, fourth offense, and one count of driving on a revoked license. Both are Class A misdemeanors. The trial court sentenced the defendant to serve eleven months and twenty-nine days for the fourth offense of driving under the influence, assessed a fine of $1,100, and revoked his driver's license for five years. On the second count, the trial court imposed an additional eleven months and twenty-nine days to be served consecutively to the sentence in the first count. However, the trial court suspended the second sentence and ordered the defendant to serve the time under intensive probation. As a condition of his probation, he must attend at least 90 Alcoholics Anonymous meetings within the first 90 days of his release from custody. AFFIRMED REMANDED IN PART. URL:http://www.tba.org/tba_files/TCCA/warrenkl_opn.WP6 STATE OF TENNESSEE vs. DONNA R. WHALEY Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Jerry H. Summers Charles W. Burson Jimmy F. Rodgers, Jr. Attorney General & Reporter Attorneys at Law 500 Lindsay Street Sandy R. Copous Chattanooga, TN 37402-1490 Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 William H. Cox III District Attorney General John Bobo, Jr. Asst District Attorney General City and County Building 600 Market Street Chattanooga, TN 37402 Judge: SUMMERS First Paragraph: The appellant, Donna R. Whaley, was convicted of driving under the influence (DUI), second offense. She was sentenced to 11 months 29 days with probation consideration after 120 days service. The trial court ordered the suspension of her driver's license for two years and the payment of a $510 fine. She appeals. REVERSED AND REMANDED. URL:http://www.tba.org/tba_files/TCCA/whaleydr_opn.WP6
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