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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PAUL G. BOWMAN, et ux. JAMES R. KIRKLAND, et ux., and FRANK V. HENSLEY, et ux. vs. A-BEST COMPANY, INC., et al. Court:TCA Attorneys: HUGH B. BRIGHT, JR., M. DENISE MORETZ, WOOLF, McCLANE, BRIGHT, ALLEN & CARPENTER, Knoxville, for Appellee. GEORGE A. WEBER, III, EDWARD J. LILLY, and MIKE G. NASSIOS, LAW OFFICES OF PETER G. ANGELOS, P.C., Knoxville, and JOHN A. DAY, Nashville, for Plaintiffs-Appellants. Judge: Franks First Paragraph: In these actions, plaintiffs claimed exposure to products containing asbestos, and alleged that they contracted asbestosis related diseases as a result of occupational exposure to asbestos-containing products. AFFIRMED. URL:http://www.tba.org/tba_files/TCA/BOWMANP_OPN.WP6 W. MICHAEL BYRD, vs. MARY ETTA BYRD Court:TCA Attorneys: Louise R. Fontecchio; Bruce, Weathers, Corley, Dughman & Lyle of Nashville For Appellee Martha C. Wherry of Nashville For Appellant Judge: CRAWFORD First Paragraph: This appeal involves divorce-related proceedings. Plaintiff, W. Michael Byrd ("Husband"), appeals the trial court's dismissal of his petition to modify alimony, and defendant, Mary Etta Byrd ("Wife"), appeals the trial court's dismissal of her petition to hold Husband in contempt. AFFIRMED. URL:http://www.tba.org/tba_files/TCA/BYRDWM_OPN.WP6 FRANCES LOUISE CLEVENGER vs. BAPTIST HEALTH SYSTEMS Court:TCA Attorneys: OLEN G. HAYNES OF KNOXVILLE and CHRISTOPHER P. CAPPS OF MORRISTOWN FOR APPELLANT N. R. COLEMAN, JR., and DANIEL D. COUGHLIN OF GREENEVILLE FOR APPELLEES Judge: Goddard First Paragraph: This is a medical malpractice suit against Baptist Health Systems, Individually, and d/b/a Cocke County Baptist Hospital, Dana Edwards, M.D., and Tony Hamlett. The Trial Court sustained Dr. Edwards' motion for a summary judgment upon his plea of res judicata. The judgment entered was made final pursuant to Rule 54 of the Tennessee Rules of Civil Procedure and has been appealed by the Plaintiff. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/CLEVENGE_OPN.WP6 IN RE: DOYLE THOMAS DOTSON Deceased and IN RE: CONSERVATORSHIP and ESTATE OF DOYLE THOMAS DOTSON DAISY MYNATT vs. MARIE DOTSON ISOM Court:TCA Attorneys: JOSEPH B. YANCEY OF KNOXVILLE FOR APPELLANT CHARLES LOCKETT OF KNOXVILLE FOR APPELLEE Judge: Goddard First Paragraph: Daisy Mynatt appeals the Knox County Chancery Court's dismissal of her petition regarding the Conservatorship of her deceased father, Doyle Thomas Dotson. Ms. Mynatt contends that the Trial Court erred in its denial of her petition for the removal of her sister Marie Dotson Isom as the Conservator of Mr. Dotson's Estate. Ms. Mynatt additionally contends that the Trial Court erred in its denial of her petition for attorney fees, for the labors of her attorney, Joseph Yancey, in the handling of matters of the Conservatorship. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/DOTSOND_OPN.WP6 STANLEY HOLDER d/b/a HOLDER'S TOBACCO WAREHOUSE vs. BILLY M. CELSOR; BILLY F. CELSOR; E. J. PARKER, JR.; ROBERT N. RICKMAN; LEWIS BEASLEY, JR. and HARTSVILLE TOBACCO BOARD OF TRADE Court:TCA Attorneys: Jacky O. Bellar; Bellar & Bellar of Carthage Eddie Taylor; Donoho, Taylor & Taylor of Hartsville For Appellee Charles W. Bone and Keith C. Dennen; Wyatt, Tarrant & Combs of Hendersonville For Appellants Judge: CRAWFORD First Paragraph: Defendants, Billy M. Celsor, Billy F. Celsor, E.J. Parker, Jr., Robert N. Rickman, Lewis Beasley, Jr., and the Hartsville Tobacco Board of Trade, appeal the trial court's dismissal of the case based on a lack of jurisdiction. The defendants had motion for summary judgment pending against the plaintiff, Stanley Holder d/b/a Holder's Tobacco Warehouse (Holder), on the issue of the amount of damages allegedly suffered as a result of the wrongful issuance of an injunction. REVERSED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/HOLDERST_OPN.WP6 CAROL ANN LINDSEY vs. WILLIAM HENRY LINDSEY Court:TCA Attorneys: Michael W. Edwards of Hendersonville For Appellee Dennis W. Powers; McClellan, Powers, Ehmling & Dix, P.C. of Gallatin For Appellant Judge: CRAWFORD First Paragraph: This is an appeal from a Final Decree of Divorce entered October 3, 1996. Defendant, William Henry Lindsey (Husband), appeals from the judgment of the trial court awarding alimony in solido and attorney's fees to plaintiff, Carol Ann Lindsey (Wife). AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/LINDC_OPN.WP6 ROY DEAN OGBURN vs. THE GAS AND WATER DEPARTMENT, CITY OF CLARKSVILLE et al Court:TCA Attorneys: FOR THE APPELLEE: FOR THE APPELLANT: CHARLES R. RAY J. RUSSELL FARRAR 211 Third Avenue North WILLIAM N. BATES P. O. Box 198288 211 Seventh Avenue North Nashville, TN 37219-8288 Nashville, TN 37219-1823 JOHN L. MITCHELL JOHN L. SOBIESKI, JR. P. O. Box 367 UT College of Law Clarksville, TN 37041-0367 2224 Dunford Hall Knoxville, TN 37996-4070 Judge: CANTRELL First Paragraph: A meter reader brought suit against the city of Clarksville and its Gas and Water Department after he was fired from his job. A Montgomery County jury found the defendants liable for handicap discrimination and for depriving the plaintiff of his due process right to a pre-termination hearing, and awarded him $450,000 in compensatory damages. We reverse the jury verdict on the due process claim, but affirm the verdict on handicap discrimination, and we remand this case to the trial court for a new trial on damages alone. AFFIRMED IN PART; REVERSED IN PART; AND REMANDED. URL:http://www.tba.org/tba_files/TCA/OGBURNRD_OPN.WP6 SCRUGGS, INC. vs. TR Auto/Truck Plaza, Inc., THOMAS C. REBER, Individually, and RICK H. LEWIS, Individually Court:TCA Attorneys: CARL R. OGLE, JR., and J. MICHAEL KERR OF JEFFERSON CITY FOR APPELLANTS JEFFREY A. WOODS OF KNOXVILLE FOR APPELLEE Judge: Goddard First Paragraph: The suit giving rise to this appeal originated in the General Sessions Court for Knox County, wherein the Plaintiff, Scruggs, Inc., sought judgment against the Defendants, TR Auto/Truck Plaza, Inc., Thomas C. Reber, Individually, and Rick H. Lewis, Individually, on a sworn account. VACATED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/SCRUGGSI_OPN.WP6 BARBARA SPRUELL vs. KENNETH WAYNE SPRUELL Court:TCA Attorneys: Catherine M. White, Chattanooga, for the Appellant Leslie B. McWilliams, Chattanooga, for the Appellee Judge: INMAN First Paragraph: This acrimonious custody dispute was not alleviated by inordinate objections to testimony which served principally to obfuscate the issues and make a meaningful review more difficult. VACATED and REMANDED. URL:http://www.tba.org/tba_files/TCA/SPRUELB_OPN.WP6 UNITED CITIES GAS COMPANY vs. ROBERT J. SUDDARTH and wife, MARY M. SUDDARTH, et al Court:TCA Attorneys: William K. Lanes, III, DANCE, DANCE & LANE, Nashville, for Plaintiff/Appellant. Richard F. LaRoche, Murfreesboro, Granville S. R. Bouldin, Murfreesboro, for Defendants/Appellees. Judge: FARMER First Paragraph: This is an interlocutory appeal granted pursuant to Rule 9 T.R.A.P. United Cities Gas Company (United) filed a total of ten petitions in the court below wherein it sought to exercise the power of eminent domain to acquire a permanent easement in Defendants' lands, said easement being necessary in order to construct a pipeline parallel and adjacent to the right-of-way of State Highway 99. Immediate possession of the property was requested. The defendant landowners timely filed notice of objection to the taking. Immediate possession was denied. Nine of the cases were subsequently consolidated by the trial court. A motion for writ of inquiry was filed by United. The trial court ruled that possession may be delivered, if at all, only upon conclusion of the suit. DISMISSED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/UNITEDCG_OPN.WP6 BILLIE WHEELER, next of kin and mother of Barry Cecil Ford, deceased JULIA ROBERTS, next of kin and mother of Dustin Ross Nolen, deceased vs. LYLE H. BURLEY, CENTRAL TRANSPORT, INC., and WHITE CARTAGE CO., MILTON ELLIS NOLEN, next of kin and father of Dustin Ross Nolen, deceased vs. LYLE H. BURLEY, CENTRAL TRANSPORT, INC., and WHITE CARTAGE CO., Court:TCA Judge: CAIN First Paragraph: The only issue before the Court on this appeal involves the proper distribution of a portion of attorney's fees emanating from an agreed settlement. AFFIRMED. URL:http://www.tba.org/tba_files/TCA/WHEELER_OPN.WP6 JAMES E. DELBRIDGE vs. STATE OF TENNESSEE Court:TCCA Attorneys: For Appellant: For Appellee: James E. Delbridge, pro se Charles W. Burson Cold Creek Correctional Facility Attorney General & Reporter Route 2, Box 1000 Henning, TN 38041-1000 Deborah A. Tullis Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 Karen Cook Asst District Attorney General Criminal Justice Complex 201 Poplar Avenue Memphis, TN 38103 Judge: WADE First Paragraph: The petitioner, James E. Delbridge, appeals the trial court's denial of his petition for post-conviction relief. The dispositive issue is whether the trial court correctly dismissed the petition without an evidentiary hearing on the basis that it was barred by the statute of limitations. We affirm the judgment of dismissal. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/DELBRIDJ_OPN.WP6 EDWARD EARL JONES vs. STATE OF TENNESSEE Court:TCCA Attorneys: For Appellant: For Appellee: Edward Earl Jones, pro se Charles W. Burson #085890 Attorney General & Reporter Cold Creek Correctional Facility P.O. Box 1000 M. Allison Thompson Henning, TN 38041-1000 Counsel for the State 450 James Robertson Parkway Nashville, TN 37243-0493 Perry Hayes Asst District Attorney General 201 Poplar Avenue Memphis, TN 38103 Judge: WADE First Paragraph: The petitioner, Edward Earl Jones, appeals the trial court's denial of post-conviction relief. The single issue presented for review is whether the petition was barred by the statute of limitations. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/JONESEE_OPN.WP6 STATE OF TENNESSEE vs. VINCENT D. JONES Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: HOWARD L. WAGERMAN JOHN KNOX WALKUP HOWARD B. MANIS Attorney General and Reporter Suite 1313, 200 Jefferson Memphis, TN 38103 SARAH M. BRANCH Counsel for the State 450 James Robertson Parkway Nashville, TN 37243-0485 WILLIAM L. GIBBONS District Attorney General KEVIN R. RARDIN Assistant District Attorney 201 Poplar Avenue-3rd Floor Memphis, TN 38103 Judge: SMITH First Paragraph: Appellant Vincent Jones entered a plea of nolo contendere in the Shelby County Criminal Court to a charge of possession of cocaine with the intent to sell or deliver. As a Range I standard offender convicted of a Class B felony, Appellant received a sentence of eight years in the Tennessee Department of Correction. Pursuant to Rule 37(b)(2)(i) of the Tennessee Rules of Criminal Procedure, Appellant, with the agreement of the State and the trial court, reserved for appellate review the question of the legality of the search which led to Appellant's arrest. Appellant also contends on appeal that his sentence is excessive. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/JONESVIN_OPN.WP6 JAMES RONALD ROLLINS vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Barton C. Solomon Charles W. Burson CRUTCHFIELD & SOLOMON Attorney General and Reporter 100 East Tenth Street, Suite 401 Chattanooga, Tennessee 37402 Amy L. Tarkington Assistant Attorney General 450 James Robertson Parkway Nashville, Tennessee 37243 William H. Cox, III District Attorney General David Denny Asst District Attorney General 600 Market Street, Suite 310 Chattanooga, Tennessee 37402 Judge: Russell First Paragraph: The Petitioner appeals from the trial court's dismissal of his Petition for Post Conviction Relief. The Petitioner alleges that he was denied his rights under the Sixth Amendment to the Constitution of the United States because he received ineffective assistance of counsel at his sentencing hearing following a plea of guilty to especially aggravated robbery. The Petitioner alleges that at the sentencing hearing, his attorney failed to challenge one of the six prior convictions that formed the basis for the sentencing judge's determination that the Petitioner should be sentenced as a career offender. This court finds that the Petitioner failed to meet his burden of proof to show that he received ineffective assistance of counsel, and the court affirms the dismissal of the Petition for Post-Conviction Relief. URL:http://www.tba.org/tba_files/TCCA/ROLLNSJ_OPN.WP6 STATE OF TENNESSEE vs. MAURICE PIERRE TEAGUE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: STEPHEN D. JACKSON JOHN KNOX WALKUP 161 Court Square Attorney General and Reporter P.O. Box 471 Huntingdon, TN 38344 KENNETH W. RUCKER Assistant Attorney General Cordell Hull Building, 2nd Floor 425 5th Avenue North Nashville, TN 37243-0493 ROBERT RADFORD District Attorney General ELEANOR CAHILL Asst District Attorney General P.O. Box 686 Huntingdon, TN 38344 Judge: WELLES First Paragraph: This is an appeal as of right pursuant to Rule 3, Tennessee Rules of Appellate Procedure. The Defendant, Maurice Pierre Teague, was convicted by a Carroll County jury of aggravated burglary. The trial court sentenced him as a Range I offender to six years in the Department of Correction. The Defendant appeals both his conviction and his sentence and raises the following issues in this appeal: (1) That the evidence was insufficient to convict the Defendant of aggravated burglary when the jury acquitted him of aggravated assault; (2) that the trial court erred in applying certain sentence enhancement factors; and (3) that the indictment was fatally flawed. We affirm the judgment of the trial court. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/TEAGUEMP_OPN.WP6 JOHN WILLIAMS 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 matter by order rather than formal opinion. This case represents an appeal from the dismissal of the petitioner's second petition for post-conviction relief. The petitioner was originally convicted of first degree murder in 1988. URL:http://www.tba.org/tba_files/TCCA/WILLIAJ_ORD.WP6
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