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 Opinons From TCCA
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TAMMY R. GANZEVOORT vs. RICHARD B. RUSSELL, MARTHA T. RUSSELL, AND JIM CASSETTY d/b/a JIM CASSETTY REALTY Court:TSC Attorneys: For Plaintiff-Appellant: For Defendants-Appellees: Michael W. Edwards John R. Bradley Hendersonville Hendersonville Judge: REID First Paragraph: This case presents for review the decision of the Court of Appeals reversing the trial court and dismissing an action for violation of the Tennessee Consumer Protection Act brought by the purchaser of residential real property against the seller and the seller's broker. The judgment of the Court of Appeals dismissing the suit is affirmed. JUDGMENT OF COURT OF APPEALS AFFIRMED; JUDGMENT OF TRIAL COURT REVERSED. URL:http://www.tba.org/tba_files/TSC/GANZEVOO_OPN.WP6 ELMER BRAMLETT vs. BENDIX ALLIED SIGNAL, INC. and LARRY BRINTON, DIRECTOR OF THE SECOND INJURY FUND Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellees: R. Jerome Shepherd Thomas E. LeQuire 2180 N. Ocoee St. David C. Nagle Cleveland, TN 37311 Suite 200, Flatiron Bldg. 707 Georgia Ave. Chattanooga, TN 37402 Sandra E. Keith 1510 Parkway Towers 404 James Robertson Pkwy. Nashville, TN 37243-0499 Judge: THAYER First Paragraph: Plaintiff, Elmer Bramlett, has appealed from the action of the trial court in dismissing his claim for benefits. The Circuit Judge found plaintiff had failed to establish he had sustained a new or additional compensable injury on March 16, 1994. AFFIRMED. URL:http://www.tba.org/tba_files/TSC_WCP/BRAMLETT_OPN.WP6 HOSSEIN AGHILI vs. HAMIDEH SABA SAADATNEJADI Court:TCA Attorneys: For the Plaintiff/Appellee: For the Defendant/Appellant: D. Scott Parsley Peggy D. Mathes BARRETT, JOHNSTON & PARSLEY Nashville, Tennessee Nashville, Tennessee Judge: KOCH First Paragraph: This appeal involves the validity of an Islamic marriage. Shortly after the marriage, the husband filed suit in the Circuit Court for Davidson County seeking a divorce or, in the alternative, an annulment. After the wife counterclaimed for a divorce, the husband moved for a summary judgment on his annulment claim. The trial court granted the summary judgment, finding that the undisputed evidence demonstrated that the officiant was not qualified to perform the marriage under Islamic law and that the officiant had failed to file the marriage license within the legally prescribed time. The wife takes issue on this appeal with the trial court's conclusion that the marriage was void ab initio. We have determined that the trial court erred and, therefore, reverse the summary judgment. REVERSED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/AGHILIH_OPN.WP6 BONNIE MAE BAIN vs. CITY OF MURFREESBORO, TENNESSEE Court:TCA Attorneys: JOSEPH H. JOHNSTON P. O. Box 120874 Nashville, Tennessee 37212 ATTORNEY FOR PLAINTIFF/APPELLEE ALAN T. FISTER Stewart, Estes & Donnell 424 Church Street, 14th Floor Nashville, Tennessee 37219 ATTORNEY FOR DEFENDANT/APPELLANT Judge: LEWIS First Paragraph: This is an appeal by defendant/appellant, the City of Murfreesboro ("the City"), from the decision of the Rutherford County Circuit Court awarding $27,036.10 to plaintiff/appellee, Bonnie Mae Bain, for injuries suffered by Ms. Bain as a result of negligence on the part of two of the City's police officers. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/BAINB_OPN.WP6 RICHARD C. CANADA and wife SHARON CANADA vs. ACE CODENT, ZAHN DENTAL COMPANY, INC., and HENRY SCHEIN, INC. and ACECODENT INCORPORATED Court:TCA First Paragraph: On September 23, 1996, we filed our opinion in this case. The Supreme Court granted the appellants' application for permission to appeal and remanded this matter to us by order entered May 5, 1997. We were directed by that court to reconsider this case in light of the Supreme Court's opinion in Cobb v. Beier, S/C No. 03S01-9610-CV-00106 (Supreme Court at Knoxville, April 28, 1997). URL:http://www.tba.org/tba_files/TCA/CANADA_ORD.WP6 DAVID ALAN DUNEHEW vs. DONNA LYNN DUNEHEW Court:TCA Attorneys: James D. Causey, Memphis, Jean E. Markowitz, Memphis, for Defendant/Appellant. Charles E. Hodum, Collierville, Mitzi C. Johnson, Memphis, for Plaintiff/Appellee. Judge: FARMER First Paragraph: David Alan Dunehew (Husband) and Donna Lynn Dunehew (Wife) were divorced by final decree entered November 15, 1995 after approximately 20 years of marriage. Wife has appealed from the final decree challenging the trial court's classification and division of the marital estate and its failure to award rehabilitative alimony or alimony in futuro. For reasons hereinafter set forth, we affirm as modified. AFFIRMED AS MODIFIED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/DUNEHDA_OPN.WP6 BOYD F. GENTRY, WILLIAM T. GENTRY, LAURA D. PRATER, NORA B. FANN, CECIL V. GENTRY, HAROLD L. GENTRY, MARION SUE GRIFFITH, ANN STONE, NORA DAUGHTRY, ELISE M. CLOWERS, and TOMMY E. MAHAFFA vs. DOROTHY RIGSBY, Individually and as Executrix of the Estate of LONNIE B. MAHAFFA, Deceased, Court:TCA Attorneys: H. Thomas Parsons; Parsons, Nicholas & Johnson of Manchester For Appellant J. Stanley Rogers; Rogers, Richardson & Duncan of Manchester For Appellees Judge: CRAWFORD First Paragraph: This appeal involves a will contest concerning the Last Will and Testament of Lonnie B. Mahaffa and also involves a contest as to certain bank accounts of the decedent. The contestants are Lonnie B. Mahaffa's eleven nieces and nephews, and the proponent of the will is Dortha (Dorothy) Rigsby, a friend of the testator and the executrix of Mahaffa's estate. Dorothy Rigsby appeals from the judgment on the jury verdict finding that a paper writing dated March 11, 1992 is not the Last Will and Testament of Lonnie B. Mahaffa and awarding two bank accounts to Mahaffa's estate. AFFIRMED. URL:http://www.tba.org/tba_files/TCA/GENTRY2_OPN.WP6 BRIAN PATRICK GRANT vs. TONYA RENEE' FORTUNE GRANT Court:TCA First Paragraph: Appellant has filed a Petition for Rehear in this cause, to which a response has been filed. After due consideration, it appears that this court's opinion, on page 4 thereof, inadvertently stated that "Wife complained of physical abuse and neglect", rather than "verbal abuse and neglect", as borne out by the record. URL:http://www.tba.org/tba_files/TCA/GRANTBR2_ORD.WP6 RENEE HENDERSON vs. JERRY HARLAN, d/b/a LODGE QUARTERS RIVERGATE Court:TCA Attorneys: PHILLIP R. NEWMAN MANIER, HEROD, HOLLABAUGH & SMITH Nashville, Tennessee Attorney for Appellant WORRICK G. ROBINSON, IV ADAMS & WHITEAKER, P.C. Nashville, Tennessee Attorney for Appellee Judge: HIGHERS First Paragraph: Jerry Harlan, d/b/a Lodge Quarters Rivergate ("Defendant") appeals the judgment of the circuit court arguing that the circuit court erred in refusing to allow him to voluntarily dismiss his appeal from general sessions court. REVERSED AND DISMISSED. URL:http://www.tba.org/tba_files/TCA/HENDERSO_OPN.WP6 ABDULLAH JIHAD ABDUL JAAMI vs. ROBERT CONLEY, WARDEN, et al. Court:TCA Attorneys: ABDULLAH JIHAD ABDUL JAAMI, #73179 Lake County Regional Prison Route 1, Box 330 Tiptonville, Tennessee 38079 Pro Se/Plaintiff/Appellant JOHN KNOX WALKUP Attorney General and Reporter PATRICIA C. KUSSMANN Assistant Attorney General 404 James Robertson Parkway Suite 2000 Nashville, Tennessee 37243 Attorney for Defendant/Appellee Judge: CANTRELL First Paragraph: A prisoner in the custody of the Department of Correction petitioned the chancery court for a Writ of Mandamus to compel the Department to change his security classification, so that he might be transferred to a minimum security annex or to a community corrections center. The chancellor dismissed the petition. We affirm. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/JAAMIAJ_OPN.WP6 JENKINS DENTAL ARTS, INC. vs. ACE CODENT, ZAHN DENTAL COMPANY, INC., and HENRY SCHEIN, INC. and ACECODENT INCORPORATED Court:TCA First Paragraph: On September 23, 1996, we filed our opinion in this case. The Supreme Court granted the appellant's application for permission to appeal and remanded this matter to us by order entered May 5, 1997. We were directed by that court to reconsider this case in light of the Supreme Court's opinion in Cobb v. Beier, S/C No. 03S01-9610-CV-00106 (Supreme Court at Knoxville, April 28, 1997). URL:http://www.tba.org/tba_files/TCA/JENKINS_ORD.WP6 THELMA W. KELLEY vs. JOHN E. VANCE and BETTY L. VANCE and ALLSTATE INSURANCE COMPANY Court:TCA First Paragraph: This cause was regularly heard and considered by the court. IT IS NOW ORDERED that the judgment of the Trial Court is affirmed, and the cause remanded. The costs of appeal are adjudged to appellant, for which execution may issue if necessary. URL:http://www.tba.org/tba_files/TCA/KELLYT_OPN.WP6 PACIFIC PROPERTIES vs. HOME FEDERAL BANK OF TENNESSEE vs. MICHAEL S. STALCUP Court:TCA Attorneys: W. W. Davis, Jr., Knoxville, for Appellant. John B. Waters, III, Knoxville, for Appellee. Judge: INMAN First Paragraph: This action for conversion was submitted to a jury which returned a general verdict for the plaintiff, thereby implicitly finding that the fact-driven principal defense of the Statute of Limitations was not well-taken. Home Federal appeals and presents for review issues which, as paraphrased, question the propriety of the submission of the case to the jury, whether the defense of Statute of Limitations was well-taken, as a matter of law, whether requested jury instructions should have been given and whether the drawer of a check adequately instructed the drawee Bank as to its disposition. AFFIRMED. URL:http://www.tba.org/tba_files/TCA/PACIFIC_COA.WP6 CRYSTAL M. TRUEITT vs. ALAN A. McCURRY CARMEN Y. SILVELS, Individually and as Mother, Next Friend and for the Benefit of CHRISTOPHER M. SILVELS, a Minor Child vs. ALAN A. McCURRY Court:TCA Attorneys: JOHN W. McCLARTY OF CHATTANOOGA FOR APPELLANT CRYSTAL M. TRUEITT and APPELLANT CARMEN Y. SILVELS ROBERT L. WIDERKEHR, JR. OF CHATTANOOGA FOR APPELLEE Judge: Goddard First Paragraph: Crystal M. Trueitt and Carmen Y. Silvels, individually and as mother and next friend of Christopher M. Silvels, a minor, appeal judgments rendered in their favor in the Circuit Court for Hamilton County in the amounts of $1,033.36; $1,004.60; and $96.50, respectively. AFFIRMED IN PART; VACATED IN PART; and REMANDED. URL:http://www.tba.org/tba_files/TCA/TRUEITTC_OPN.WP6 GLENDA JOAN COLLINS WHISENHUNT vs. GORDON LEE WHISENHUNT Court:TCA Attorneys: For the Plaintiff/Appellee: For the Defendant/Appellant: James D. Causey Robert A. Wampler Jean E. Markowitz Memphis, Tennessee Memphis, Tennessee Judge: LILLARD First Paragraph: This is an appeal from a final divorce decree. Appellant Gordon Lee Whisenhunt ("Husband") challenges, inter alia, the amounts awarded to Appellee Glenda Joan Collins Whisenhunt ("Wife") for child support, alimony, marital debts, and attorneys' fees. We affirm as modified. AFFIRMED AS MODIFIED. URL:http://www.tba.org/tba_files/TCA/WHISENHU_OPN.WP6 HARRY J. WOOD, JR. and CATHERINE D. WOOD, as next of kin as Administrators of the Estate of Marc James Wood, deceased, and Individually vs. MARCUS M. PROSSER McDONOUGH CAPERTON INSURANCE ADMINISTRATORS Court:TCA Attorneys: For the Plaintiffs/Appellees: For the Intervenor/Appellant: Daniel B. Eisenstein John D. Schwalb Nashville, Tennessee Brewer, Krause, Brooks & Mills Nashville, Tennessee Judge: KOCH First Paragraph: This appeal involves the right of an employee benefit plan to be reimbursed for its payment of the medical expenses of one of its members who was killed in an automobile collision. The parents of the deceased employee filed a wrongful death action in the Circuit Court for Davidson County against the driver of the other vehicle involved in the collision. The plan intervened in the parents' action seeking to recover the medical payments it had made on their son's behalf. After the parents settled the wrongful death claim, the trial court held that the plan was not entitled to be reimbursed from the settlement proceeds. The plan appealed. We have determined that the trial court erred and that the plan has a contractual right to be reimbursed from the proceeds of the settlement of the wrongful death action. REVERSED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/WOODHJ_OPN.WP6
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