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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NAOMI GENTRY vs. LUMBERMENS MUTUAL CASUALTY and JACKSON COUNTY HOSPITAL Court:TSC First Paragraph: The plaintiff filed a motion for rehearing and/or reconsideration of the May 16, 1997, judgment order of this Court. URL:http://www.tba.org/tba_files/TSC/GENTRY_RHR.WP6 SUPREME COURT OF TENNESSEE STATE LIST FOR PERMISSION TO APPEAL September 2, 1997 Court:TSC - Rules URL:http://www.tba.org/tba_files/TSC_Rules/STATELST_WPD.WP6 JUDITH GAIL GRIZZLE BOWERS vs. JOSEPH STANTON BOWERS, JR. Court:TCA Attorneys: MELVIN J. WERNER OF KINGSPORT FOR APPELLANT DAVID S. HAYNES OF BRISTOL FOR APPELLEE Judge: Goddard First Paragraph: Joseph Stanton Bowers, Jr., appeals the Sullivan County Chancery Court's denial of his motion to modify support payments to his ex-wife, Judith Gail Bowers, pursuant to the parties' marital dissolution agreement. Mr. Bowers insists that the Trial Court erred in its characterization of the support payments as alimony in solido, which rendered them incapable of being modified.AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/BOWERS-J_OPN.WP6 DEBORAH LORRAINE BROOKS vs. RICKEY LAMAR BROOKS Court:TCA Attorneys: BARRETT T. PAINTER, Bell & Associates, P.C., Cleveland, for Appellant. D. MITCHELL BRYANT, Jenne, Scott & Bryant, Cleveland, for Appellee. Judge: McMurray First Paragraph: In this post divorce proceeding, Deborah Lorraine Brooks (mother) filed a petition to increase child support and to modify the visitation schedule as set out in the final decree of divorce. Defendant Rickey Lamar Brooks (father) filed a counter petition asking that the mother be required to pay one-half of the cost of their child's private schooling and for increased visitation. The trial court denied the mother's petition for increased child support, required the father to continue paying for the child's education, and made minor adjustments in the visitation schedule. The mother appealed. We modify the judgment and affirm as modified. URL:http://www.tba.org/tba_files/TCA/BROOKSDO_OPN.WP6 CHARTER LAKESIDE BEHAVIORAL HEALTH SYSTEM vs. TENNESSEE HEALTH FACILITIES COMMISSION and COMPASS INTERVENTION CENTER Court:TCA Attorneys: John Knox Walkup Attorney General & Reporter Michelle K. Hohnke #16736 Assistant Attorney General 1510 Parkway Towers 404 James Robertson Parkway Nashville, TN 37243-0499 ATTORNEYS FOR DEFENDANT/APPELLEE AND TENNESSEE HEALTH FACILITIES COMMISSION Harold W. Fonville, II, #16685 FARRIS, MATHEWS, GILMAN, BRANAN & HELLEN One Commerce Square, Suite 2000 Memphis, TN 38103 ATTORNEY FOR COMPASS INTERVENTION CENTER, INTERVENING DEFENDANT/APPELLEE William H. West #005543 STOKES & BARTHOLOMEW 424 Church Street, Suite 2800 Nashville, TN 37219 Judge: TODD First Paragraph: The captioned plaintiff has appealed from a non-jury judgment of the Trial Court dismissing said plaintiff's suit for a declaratory judgment. REMANDED. URL:http://www.tba.org/tba_files/TCA/CHART3_OPN.WP6 IN THE MATTER OF: SARAH NICHOLE DOCKERY RONNEL and RENATE HENSLEY vs. STATE OF TENNESSEE, DEPARTMENT OF CHILDREN'S SERVICES Court:TCA Attorneys: For Appellants For Appellee RONNEL AND RENATE HENSLEY, Pro Se JOHN KNOX WALKUP Attorney General & Reporter Nashville, Tennessee DOUGLAS EARL DIMOND Assistant Attorney General Nashville, Tennessee Judge: Susano First Paragraph: Ronnel Hensley and his wife, Renate Hensley, filed a petition in the Anderson County Juvenile Court seeking custody of their granddaughter, Sarah Nichole Dockery, who was then in the temporary legal custody of the State of Tennessee, Department of Children Services (Department). By order entered June 19, 1996, the Juvenile Court dismissed their petition, and they appealed to the Anderson County Circuit Court. That appeal was likewise dismissed, whereupon the Hensleys sought further review in this court. We affirm. URL:http://www.tba.org/tba_files/TCA/DOCKRYSN_OPN.WP6 PAUL A. DUNLAP and wife, MARGIE DUNLAP vs. SMYRNA/RUTHERFORD COUNTY AIRPORT AUTHORITY and RUTHERFORD COUNTY d/b/a RUTHERFORD COUNTY AIRPORT AUTHORITY Court:TCA Attorneys: WARREN M. SMITH GLASGOW & VEAZEY Nashville, Tennessee JAMES R. TOMKINS JENNINGS & TOMKINS Nashville, Tennessee Attorneys for Appellants D. KIRK SHAFFER NANCY A. VINCENT STOKES & BARTHOLOMEW, P.A. Attorneys for Appellee Judge: HIGHERS First Paragraph: In this negligence action, Paul A. Dunlap and Margie Dunlap ("Plaintiffs") filed suit against the Defendant, Smyrna/Rutherford County Airport Authority, for damages that their aircraft sustained as a result of its landing gear falling into a manhole cover on property under the control and ownership of the Defendant, Smyrna/Rutherford County Airport Authority. AFFIRMED. URL:http://www.tba.org/tba_files/TCA/DUNLAPPA_OPN.WP6 NICHOLAS HOMER FORTSON vs. ELIZABETH GWENDOLYN FORTSON Court:TCA Attorneys: For Appellant For Appellee SUZANNE MASTERS H. CHRIS TREW Knoxville, Tennessee Higgins, Biddle, Chester & Trew, L.L.P. Athens, Tennessee Judge: Susano First Paragraph: In this post-divorce proceeding, the trial court denied the petition of Elizabeth Gwendolyn Fortson (Mother) for an increase in child support and other relief against her former husband, Nicholas Homer Fortson (Father). The trial court granted Father's counter-petition for contempt and sentenced Mother to seven days in jail for interfering with Father's visitation with his minor child, who was 13 years old at the time of the hearing below. Mother appealed, raising six issues. AFFIRMED IN PART REVERSED IN PART REMANDED WITH INSTRUCTIONS. URL:http://www.tba.org/tba_files/TCA/FORTSONN_OPN.WP6 JANICE M. FRAKES, surviving spouse, of GARY D. FRAKES vs. CARDIOLOGY CONSULTANTS, P.C., and HARRY L. PAGE, JR., M.D. with CONCURRING OPINION Court:TCA Attorneys: RANDALL L. KINNARD KINNARD, CLAYTON & BEVERIDGE 127 Woodmont Boulevard Nashville, Tennessee 37205 Attorney for Plaintiff/Appellant C. J. GIDEON, JR. SHIRLEY A. IRWIN GIDEON & WISEMAN NationsBank Plaza, Suite 1900 414 Union Street Nashville, Tennessee 37219-1782 Attorneys for Defendants/Appellees Judge: CANTRELL First Paragraph: The jury returned a verdict for the defendant doctor in this medical malpractice case. The sole issue on appeal concerns a printed table which the trial court permitted to be sent back to the jury during its deliberations, even though it was not formally admitted into evidence until after the jury retired. We find that it was not error to admit the table, and we affirm the jury verdict. URL:http://www.tba.org/tba_files/TCA/FRAKESJM_OPN.WP6 URL:http://www.tba.org/tba_files/TCA/FRAKESJM_CON.WP6 STATE OF TENNESSEE, ex rel. SHEILA GRANT vs. DR. LAWRENCE JOSEPH PROGRAIS,Sr. Court:TCA Attorneys: John Knox Walkup Attorney General & Reporter Lisa Cowan, #12035 Child Support Services of Davidson County 222 Second Avenue North, Suite 210 Nashville, TN 37201 ATTORNEYS FOR DEFENDANTS/APPELLEES Charles R. Ray, #3188 211 Third Avenue North Nashville, TN 37201 ATTORNEY FOR PLAINTIFF/APPELLANT Judge: TODD First Paragraph: In this paternity/child support case, the respondent, Lawrence Joseph Prograis, has appealed from non-jury a judgment of the Juvenile Judge of Davidson County awarding to the petitioner, Sheila Veleria Grant, a judgment for $120,313.00 delinquent child support. AFFIRMED IN PART, VACATED IN PART, REMANDED. URL:http://www.tba.org/tba_files/TCA/GRANTSHE_OPN.WP6 EDWARD LeROY HAYES, II vs. TRACIE AMANDA HAYES Court:TCA Attorneys: J. REED DIXON OF SWEETWATER FOR APPELLANT DONALD B. REID OF ATHENS FOR APPELLEE Judge: Goddard First Paragraph: Tracie Amanda Hayes, Defendant-Appellant, appeals a judgment of the Circuit Court for Monroe County which awarded custody of her minor child, Trenton Cody Hayes, to his father, Edward LeRoy Hayes, II, Plaintiff-Appellee. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/Hayes-E_OPN.WP6 HERBERT A. JENKINS, d/b/a HERB JENKINS REALTY vs. ROY W. GODDARD and wife, FRANCES H. GODDARD Court:TCA Attorneys: L. Lee Kull, Maryville, for Appellant Arthur B. Goddard and Robert N. Goddard, Maryville, for Appellees Judge: INMAN First Paragraph: This is an action to recover a real estate commission. The plaintiff-broker [hereafter broker] alleged that the owners of the property orally listed their property with him, that he procured a buyer who contracted to purchase the property, and because of his efforts he is entitled to a commission. AFFIRMED. URL:http://www.tba.org/tba_files/TCA/JENKINS_COA.WP6 ROGER E. JENNE and THOMAS L. RASNIC vs. GEORGIA ANNE SNYDER-FALKINHAM Court:TCA Attorneys: MICHAEL E. RICHARDSON, Patrick, Beard & Richardson, P.C., Chattanooga, for Appellant. E. BLAKE MOORE, Spears, Moore, Rebman & Williams, Chattanooga, ROGER JENNE, Cl Judge: McMurray First Paragraph: This case originated as an action to recover contractual attorney fees which the plaintiffs claim are due and owing for services rendered to the defendant in a legal action in Virginia. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/JENNER_OPN.WP6 IN RE: The Estate of ECKLE S. ROSS Court:TCA Attorneys: PAUL T. COLEMAN and JASON I. EPSTEIN, BAKER, DONELSON, BEARMAN & CALDWELL, Knoxville, for Appellant/Proponent First Tennessee Bank National Association. A. BENJAMIN STRAND, JR., STRAND & GODDARD, Dandridge, for Appellee//Contestant Sonia Amos, and CARLYLE URELLO, PAINE, SWINEY, AND TARWATER, Knoxville, for Glenda Ross, Stephanie Ross and Jennifer Ross. Judge: Franks First Paragraph: In this action the Trial Court determined that the execution of decedent's will did not meet the statutory requirements for admitting the will to probate, and the proponent of the will has appealed. REVERSED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/ROSSE_OPN.WP6 STATE OF TENNESSEE, DHS, AND/ASSIGNEE OF: WILLIAM RALPH SANDERS and DORIS SANDERS MASTIN, vs. JAMES BRADY SPRINGS Court:TCA Attorneys: For Appellant For Appellee BILLY H. LEFFEW JOHN KNOX WALKUP, Rockwood, Tennessee Attorney General and Reporter Nashville, Tennessee KIMBERLY M. FRAYN Assistant Attorney General Nashville, Tennessee Judge: Susano First Paragraph: This is a paternity case. When the respondent, James Brady Springs (Father), demanded a jury trial, this matter was transferred to the Anderson County Circuit Court. After DNA testing indicated a very high probability that he was the father of William Ralph Sanders, Springs acknowledged his paternity of the child. On remand to the Anderson County Juvenile Court, that court set Father's past support obligation at $88,026 and decreed that this amount be paid to the petitioner, Doris Sanders Mastin (Mother), at the rate of $578 per month. Father appealed. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/SANDERSWR_OPN.WP6 SCEPTER, INC. vs. HUMPHREYS COUNTY, TENNESSEE and THE HUMPHREYS COUNTY AIRPORT AUTHORITY Court:TCA Attorneys: Leah G. Gossett, #16698 James R. Buckner MILLER & MARTIN Suite 1000, Volunteer Building 832 Georgia Avenue Chattanooga, TN 37402-2289 ATTORNEYS FOR PLAINTIFF/APPELLANT, John Lee Williams PORCH, PEELER, WILLIAMS & THOMASON 102 South Court Square Waverly, TN 37185-2198 ATTORNEY FOR DEFENDANT/APPELLEE Judge: TODD First Paragraph: This is a suit to enforce an oral lease of airport hanger privileges at a county-owned airport. REVERSED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/SCEPTER_OPN.WP6 IN RE: ESTATE OF RANDALL GREER SIMMONS, Deceased MARGARET S. SIMMONS vs. THE ESTATE OF RANDALL GREER SIMMONS Court:TCA Attorneys: HOWARD L. UPCHURCH, Pikeville, for Appellant. J. ARNOLD FITZGERALD, Dayton, for Appellee. Judge: McMurray First Paragraph: In this case, the Chancellor for Bledsoe County, in exercising his probate jurisdiction, construed a deed which the decedent, Randall Greer Simmons, made and delivered in his lifetime. He concluded that the deed created an estate by the entirety between the deceased and his wife. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCA/SIMMONS_OPN.WP6 JACK WILFORD SPEARS vs. OLIVER K. SPEARS, JR., BARBARA SPEARS, AND JOHN ARTHUR SPEARS Court:TCA Attorneys: BRIAN T. MANSFIELD, Sevierville, for Appellant. ROBERT N. GODDARD, Goddard & Gamble, Maryville for Appellees. Judge: McMurray First Paragraph: This appeal is from the action of the trial court sustaining a motion for summary judgment in favor of the defendants. For reasons stated, we affirm the trial court's judgment in all respects. URL:http://www.tba.org/tba_files/TCA/SPEARSJ_OPN.WP6Feel free to forward this Opinion-Flash on to any attorney you know of with an internet address, who is not a TBALink member. To Join TBALink - Http://www.tba.org/join.html/
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