TBALink Opinion-Flash

October 6, 1997 -- Volume #3 -- Number #096

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.

This Issue (IN THIS ORDER):
00-New Opinons From TSC
00-New Opinons From TSC-Rules
00-New Opinons From TSC-Workers Comp Panel
10-New Opinons From TCA
00-New Opinons From TCCA

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George Dean
TBALink Chief Editor


NANCY RENEE 
McREYNOLDS (DELBRIDGE)
vs.
ROBERT IRVING McREYNOLDS

Court:TCA

Attorneys: 

TERRY A. FANN
R. STEVEN WALDRON
WALDRON AND FANN
Murfreesboro, Tennessee
Attorneys for Appellant

JOHN H. NORTON, III
NORTON & SMITH
Shelbyville, Tennessee
Attorney for Appellee                         

Judge: HIGHERS

First Paragraph:

Nancy Renee McReynolds Delbridge (Mother) appeals the trial court's
order denying her counterpetition to modify the joint custody
arrangement previously agreed to by the parties and set forth in their
final divorce decree.  For the reasons stated hereinafter, we affirm
the trial court's judgment.

URL:http://www.tba.org/tba_files/TCA/mcreynon_opn.WP6
Opinion-Flash

DIANA MORRIS
vs.     
STATE OF TENNESSEE

Court:TCA

Attorneys:

John Knox Walkup
Attorney General and Reporter

Michael E. Moore
Solicitor General

Michael W. Catalano
Associate Solicitor General
Office of the Attorney General
Executive Offices
500 Charlotte Avenue
Nashville, TN 37243-0497
ATTORNEYS FOR DEFENDANT/APPELLANT

Bill Hodde
305 Rivergate Park Building
1994 Gallatin Road, North
Madison, TN 37115-2023
ATTORNEY FOR CLAIMANT/APPELLEE                          

Judge: INMAN

First Paragraph:

This action was filed October 15, 1992 before the Tennessee Claims
Commission.  The plaintiff sought two-fold relief: (1) benefits under
the Workers' Compensation Law, Tenn. Code Ann. S 50-6-101 et seq., and
(2) damages for the tort of alleged retaliatory discharge for filing a
claim for workers' compensation benefits, as allegedly authorized by
Tenn. Code Ann. S 9-8-301 et seq.  The claims were bifurcated.

URL:http://www.tba.org/tba_files/TCA/morris_opn.WP6
Opinion-Flash

DEBORAH MURRAY
    Administrator Ad Litem of the
    Estate of Terrance Murray
    and as Next of Kin of
    Terrance Murray
vs.     
JEREMY A. BRYANT,   
LILLIAN BRYANT-MILLER,  
KATHY HERBST, CHARLIE HERBST

METROPOLITAN GOVERNMENT
OF NASHVILLE and    
DAVIDSON COUNTY, TENNESSEE

Court:TCA

Attorneys:   

Jerry L. Maynard, II
1907 Old Murfreesboro Pk.
Nashville, Tennessee 37217
ATTORNEY FOR PLAINTIFF/APPELLANT

James L. Murphy, III, Director
James L. Charles, Associate
Martha Zendlovitz, Associate
Wm. Michael Safley, Associate
Department of Law of the
Metropolitan Government of
Nashville and Davidson County
204 Metropolitan Courthouse
Nashville, TN 37201
ATTORNEYS FOR DEFENDANTS/APPELLEES                       

Judge: INMAN

First Paragraph:

This is an action for damages against the Metropolitan Government and
other Defendants, alleging that they are liable for the death of
Plaintiff's son, Terrance Murray, who was shot and killed by a fellow
student while attending J. T. Moore Middle School in Nashville,
Tennessee, on April 21, 1994.

URL:http://www.tba.org/tba_files/TCA/murray_opn.WP6
Opinion-Flash

LAWRENCE EDWARD NORTON, SR.
vs.
BRENDA KAY NORTON

Court:TCA

Attorneys:

Stuart Brian Breakstone, LAW OFFICE OF DON OWENS, P.A., Memphis
Attorney for Plaintiff/Appellant.

Lee Ann Pafford Dobson, THE LAW OFFICES OF JOHN R. JOHNSON, III, P.C.,
Memphis Attorney for Defendant/Appellee.                          

Judge: FARMER

First Paragraph:

This litigation concerns dissolution of a marriage 24 years in
duration.  The appellant, Lawrence Edward Norton, Sr. ("Husband"), has
appealed from the final decree of divorce, challenging the correctness
of the trial court's decision to award the appellee, Brenda Kay Norton
("Wife"), one-half of his railroad retirement benefits, rehabilitative
alimony and attorney's fees.  For reasons expressed below, we affirm
and remand.

URL:http://www.tba.org/tba_files/TCA/nortonle_opn.WP6
Opinion-Flash

The Outdoor Source, Inc.
vs.
Outdoor Entertainment, Inc.

Court:TCA

First Paragraph:

This court entered an order on 13 August 1997 in the above styled
case.  Defendant/appellee, Outdoor Entertainment, Inc. ("OEI"), filed
a petition for rehearing on 25 August 1997.  It is the opinion of this
court that the petition should be denied.

URL:http://www.tba.org/tba_files/TCA/outdoor_ord.WP6
Opinion-Flash

DON PARIS
vs.
CITY OF LEBANON 
PERSONNEL REVIEW BOARD

Court:TCA

Judge: CAIN

First Paragraph:

This case is before the Court on Appeal from the Chancery Court of
Wilson County, Tennessee, wherein the Chancellor dismissed a Petition
for Certiorari under T.C.A. S27-9-101 and T.C.A.S27-9-102, as having
been untimely filed.

URL:http://www.tba.org/tba_files/TCA/paris_opn.WP6
Opinion-Flash

LOJUNE WILLIAMS SNEED FORD
vs.
LARRY WAYNE SNEED

Court:TCA

Attorneys: 

Larry Sneed, Pro Se
    
James T. DuBois                   
Columbia,Tennessee  
Attorney for Plaintiff/Appellee                         

Judge: LILLARD

First Paragraph:

This matter appears appropriate for consideration pursuant to Rule
10(a) of the Rules of the Court of Appeals of Tennessee. In this case,
the appellee, Lojune Sneed Ford ("Ford"), petitioned for divorce
against the appellant, Larry Wayne Sneed ("Sneed"), in 1991. 
On February 4, 1992, Ford was awarded a default judgment and a
divorce.  This judgment and divorce, however, were later set aside in
April, 1992 for Sneed's excusable neglect to hire an attorney.  On
June 25, 1992, both parties, represented by counsel, signed an Agreed
Order of Settlement, which was approved by the trial court.

URL:http://www.tba.org/tba_files/TCA/sneedlw_opn.WP6
Opinion-Flash

WHITNEY STEGALL
vs.
DOTTIE LOU PRYOR, BENTON M.
MASON, JR., HUGH BURTON 
MASON, WILLIAM E. MASON, JR.,
TAYLOR S. MASON, and
BOB S. MASON

KIRKLAND A. MASON, TIMOTHY A.   
MASON, JILL MASON QUIGG,    
EDWARD C. MASON, and    
CHRISTOPHER C. MASON

Court:TCA

Attorneys:  

Darrell L. West                     Richard F. LaRoche, Sr.
144 Second Avenue, North            107 North Maple Street
The Pilcher Building, Suite 300     Murfreesboro, TN 37133-1648
Nashville, TN 37201                     and
and                                 Jerry Scott
Dan E. Huffstutter                  John Kea
144 Second Avenue, North            Scott & Kea
The Pilcher Building, Suite 333     P. O. Box 1216
Nashville, TN 37201                 Murfreesboro, TN 37133-1216
ATTORNEYS FOR                       ATTORNEYS FOR 
DEFENDANTS/APPELLANTS               DOTTIE LOU PRYOR, ET. AL., 
                                    DEFENDANTS/APPELLEES
                            
                                    Val Sanford
                                    Julie C. Murphy
                                    Gullett, Sanford, Robinson 
                                    & Martin
                                    230 Fourth Avenue North, 3rd Floor
                                    P. O. Box 198888
                                    Nashville, TN 37219-8888
                                    ATTORNEYS FOR 
                                    WHITNEY STEGALL,
                                    ADMINISTRATOR C.T.A.OF 
                                    THE ESTATE OF V. R. MASON
                                    PLAINTIFF/APPELLEE                        

Judge: INMAN

First Paragraph:

V. R. Mason died testate on October 29, 1995.  The executor, Richard
F. LaRoche, Jr., propounded the will for probate; in the ease of
language it provided for the payment of debts and taxes and created a
trust for a family cemetery, with the remainder to pass under the laws
of intestate succession.

URL:http://www.tba.org/tba_files/TCA/stegall_opn.WP6
Opinion-Flash

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. Julia Roberts and Milton Nolen were husband and wife prior
to their Mississippi divorce in 1984. Their adult son, Dustin Ross
Nolen along with Barry Cecil Ford were killed April 23, 1994 when the
motorcycle, operated by Nolen with Ford as a passenger, collided with
a trailer truck, owned and operated by the Defendants, Central
Transport Inc., and Lyle H. Burley.

URL:http://www.tba.org/tba_files/TCA/wheeler_opn.WP6
Opinion-Flash

JAMES O. WRIGHT
vs.
KATHY WRIGHT STOVALL

Court:TCA

Attorneys:  

For the Plaintiff/Appellee:         For the Defendant/Appellant:
Phillip Robinson                    Clark Lee Shaw           
Nashville, Tennessee                Mary Arline Evans   
                                    Nashville, Tennessee                        

Judge: LILLARD

First Paragraph:

This is a child custody case.  The parties had entered into a Marital
Dissolution Agreement in which they had joint custody of the minor
child.  After the father's remarriage, both the mother and father
filed petitions seeking custody.  The father now appeals the trial
court's order awarding sole custody of the parties' child to the
mother.  We affirm.

URL:http://www.tba.org/tba_files/TCA/wrightjo_opn.WP6

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