TBALink Opinion-Flash

November 7, 1997 -- Volume #3 -- Number #115

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
16-New Opinons From TCA
00-New Opinons From TCCA

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George Dean
TBALink Chief Editor


FRANKLIN THOMAS BURNS
vs.
BERNICE A. BURNS

Court:TCA

Attorneys:

CHRISTINE E. ZELLAR
218 South Second Street, Suite A
Clarksville, Tennessee 37040
ATTORNEY FOR RESPONDENT/APPELLANT

EDWARD ROBERTSON
PO Box 871
Clarksville, Tennessee 37041-0871
ATTORNEY FOR PETITIONER/APPELLEE
                         
Judge: BUSSART

First Paragraph:

This is an appeal by respondent/appellant, Bernice A. Burns ("Wife"),
from the order of the trial court granting Wife and
petitioner/appellee, Franklin Thomas Burns ("Husband"), a divorce,
dividing the marital property, and granting temporary alimony.  Wife
complains the court erred when it divided the parties' property and
awarded Wife $400.00 alimony per month for six months.

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

CRT, CUSTOM PRODUCTS, INC.
vs.
ROBERT O. BENNETT

Court:TCA

Attorneys:
For the Plaintiff/Appellant:        For the Defendant/Appellee:

William B. Bradley                  John S. Anderson
Brentwood, Tennessee                Rogersville, Tennessee                          

Judge:KOCH

First Paragraph:

This appeal involves a dispute arising out of an oral contract to
manufacture compact disks and audio cassettes.  The manufacturer filed
suit against the purchaser in the Chancery Court for Davidson County
seeking payment for undelivered disks and cassettes that were still
being held by the manufacturer.  The trial court heard the case
without a jury and involuntarily dismissed the producer's complaint at
the close of its case-in-chief.  On this appeal, the manufacturer
takes issue with the exclusion of evidence concerning the parties'
later credit agreement and with the evidentiary foundation for the
trial court's findings concerning the terms of their contract.  We
have concluded that the trial court overlooked the uncontradicted
evidence that the parties modified their original agreement and
accordingly vacate the judgment.

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

Juaneese Crumley and Jackie Perdue,
vs.
H. R. Perdue,               
    Respondent/Appellant,       
Launita Perdue Greene,          
    Intervenor/Appellant.   

Court:TCA

Attorneys:
THOMAS W. HARDIN
Hardin & Parkes
102 West Seventh Street
Post Office Box 692
Columbia, Tennessee 38402-0692
ATTORNEY FOR INTERVENOR/APPELLANT

WILLIAM S. FLEMING
207 West 8th Street
P. O. Box 90
Columbia, Tennessee 38402-0090
ATTORNEY FOR PETITIONERS/APPELLEES

L. ROBERT GREFSENG
710 North Main Street
P. O. Box 8111
Columbia, Tennessee 38402-8111                          

Judge: LEWIS

First Paragraph:

This is an appeal by intervenor/appellant, Launita Perdue Greene, from
an order of the chancery court appointing her and
petitioners/appellees, Juaneese Crumley and Jackie Perdue, as Mr.
Perdue's personal coconservators and First Farmers & Merchants
National Bank ("Farmers") as Mr. Perdue's financial conservator.

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

JOHN C. CURRY and           
JIMMY TATE
vs.
STATE OF TENNESSEE

Court:TCA

Attorneys:

PHILLIP L. DAVIDSON
Suite 107
2400 Crestmoor Road
Nashville, Tennessee 37215
Attorney for Petitioners/Appellants

JOHN KNOX WALKUP
Attorney General and Reporter

MICHAEL E. MOORE
Solicitor General

MICHAEL W. CATALANO
Associate Solicitor General
425 5th Avenue North
Nashville, Tennessee 37243-0497
Attorney for Respondent/Appellee                          

Judge: CANTRELL

First Paragraph:

Two former employees of the Public Service Commission (PSC) filed
claims with the Claims Commission, alleging that they had been
wrongfully terminated from their positions with the PSC.  The Claims
Commission dismissed the claims for lack of jurisdiction.  The
plaintiffs appealed to this court under Rule 12, Tenn. R. App. P.  We
affirm the Claims Commission.

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

DONALD D'AMICO
vs.
JAMES DAVENPORT, 
COMMISSIONER, Tennessee         
Department of Employment            
Security, and JOHNSON
CONTROLS, INC.,

Court:TCA

Attorneys:

Connie Westbrook of Memphis
For Appellant

John Knox Walkup, Attorney General
And Reporter; Douglas Earl Dimond,
Assistant Attorney General
Respondents-Appellees           
For James Davenport

Paul E. Prather, Steven W. Likens;
Kiesewetter Wise Kaplan Schwimmer
& Prather, PLC of Memphis For
Johnson Controls, Inc.

Judge:CRAWFORD

First Paragraph:

This appeal involves the denial of unemployment compensation benefits.
 Mr. Donald D'Amico appeals the decree of the chancery court affirming
the denial of benefits by the Board of Review of the Tennessee
Department of Employment Security (TDES).

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

ENGENIUS ENTERTAINMENT, INC.    
and PENCZNER PRODUCTIONS, INC.  
vs.
W. W. HERENTON, in his official     
capacity, the CITY OF MEMPHIS,  
TENNESSEE, JIM ROUT, in his     
official capacity, and SHELBY COUNTY 
TENNESSEE

Court:TCA

Attorneys:

Mary l. Wolff,
Thomas J. Walsh,
Douglas A. Black,
WOLFF ARDIS, P.C., Memphis, Tennessee
Attorneys for Plaintiffs/Appellants.


Monice Hagler Tate, City Attorney
Patti C. Bowlan, Assistant City Attorney
Attorneys for Defendants/Appellees W. W. Herenton and the City of
Memphis, Tennessee.

Donnie E. Wilson, Shelby County Attorney
Robert B. Rolwing, Assistant County Attorney
Attorneys for Defendants/Appellees Jim Rout and Shelby County,
Tennessee.
                          
Judge:FARMER

First Paragraph:

Plaintiffs EnGenius Entertainment, Inc., and Penczner Productions,
Inc. (collectively, "EnGenius"), appeal the trial court's order which
dismissed their complaint against Defendants/ Appellees W. W.
Herenton, the City of Memphis, Jim Rout, and Shelby County.  We
reverse in part the trial court's judgment based on our conclusion
that EnGenius's complaint, when construed liberally in favor of
EnGenius, states claims against the Defendants for breach of implied
contract and promissory estoppel.

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

PAUL FARNSWORTH a/k/a RONNIE    
BRADFIELD,  
vs.
RICHARD KENYA, et al,

Court:TCA
             
Judge:FARMER

First Paragraph:

The plaintiff, Paul Farnsworth a/k/a Ronnie Bradfield, sued defendants
Richard Kenya, Stephen Dotson and two John Doe defendants.  The
complaint alleges that Plaintiff is an inmate at the Lake County
Regional Correctional Facility (LCRCF), Richard Kenyon is identified
as an employee and Stephen Dotson as the associate warden at LCRCF. 
The complaint alleges that Plaintiff was given permission to marry
while incarcerated, wedding plans were formulated but, within less
than 24 hours prior to the wedding, he was advised that the wedding
was cancelled.

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

VERA MAUREEN HIGGS
vs.
GALE LYNN HIGGS

Court:TCA

Attorneys:

Rebecca E. Byrd, #15394
306 Court Square
Franklin, TN 37064 
ATTORNEY FOR PLAINTIFF/APPELLEE

Edmund Covington Johnston, Jr.
Attorney at Law
136 Fourth Avenue South
P.O. Box 1608
Franklin, TN 37065-1608
ATTORNEY FOR DEFENDANT/APPELLANT
                          
Judge:TODD

First Paragraph:

Each of the captioned parties filed a notice of appeal from a judgment
of the Trial Court awarding to the plaintiff-wife a divorce on grounds
of adultery and inappropriate marital conduct.

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

INTERNATIONAL SUPPLY CO., INC., 
and LAURIE MEADOR,          
vs.
THE WARNER GROUP LTD.

Court:TCA

Attorneys:
WILLIAM H. LASSITER, JR.
CHRISTOPHER M. MINTON
213 Fifth Avenue North
Nashville, Tennessee 37219
Attorneys for Plaintiffs/Appellants

GLENN B. ROSE
1800 First American Center
315 Deaderick Street
Nashville, Tennessee 37238
Attorney for Defendant/Appellee                          

Judge: CANTRELL

First Paragraph:

This appeal involves a question of personal jurisdiction over a
non-resident corporation.  The Chancery Court of Sumner County
dismissed the complaint.  We affirm.

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

ROBERT T. IRVIN
vs.
THE PLASMA CENTER

Court:TCA

Attorneys:

Robert T. Irvin, Pro Se

John T. Horton, BREWER, KRAUSE, BROOKS & MILLS, Nashville, for
Defendants/Appellees.
                          
Judge:FARMER

First Paragraph:

Robert T. Irvin sued the defendants for refusal to continue to accept
his donation of plasma to The Plasma Center.  Defendants filed a
motion for summary judgment.  The trial court entered an order stating
that the complaint failed to state a cause of action and, that if Mr.
Irvin's cause of action lies in medical malpractice, he failed to meet
his requisite burden in responding to the defendants' motion for
summary judgment.  The motion for summary judgment was granted and Mr.
Irvin appeals.

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

DAN LOMAX, d/b/a COMMERCIAL 
CLEANING CONTRACTORS
vs.
JACKSON-MADISON COUNTY      
GENERAL HOSPITAL DISTRICT

Court:TCA

Attorneys:

GREGORY D. JORDAN
JEFFERY G. FOSTER
RAINEY, KIZER, BUTLER, REVIERE & BELL, P.L.C.
Jackson, Tennessee
Attorneys for Appellant

EDWIN C. TOWNSEND
TOWNSEND AND TOWNSEND, ATTORNEYS
Parsons, Tennessee
Attorney for Appellee                          

Judge:HIGHERS

First Paragraph:

In this breach of contract action, Defendant Jackson-Madison County
General Hospital District (Hospital) appeals the trial court's order
awarding a judgment of $35,390 to Plaintiff/Appellee Dan Lomax, d/b/a
Commercial Cleaning Contracts.  For the reasons stated hereinafter, we
reverse the trial court's judgment and render a judgment in favor of
the Hospital.

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

CITY OF MEMPHIS
vs.
THE CIVIL SERVICE COMMISSION    
OF THE CITY OF MEMPHIS and              
STANLEY SHOTWELL

Court:TCA

Attorneys:

For the Plaintiff/Appellee:         For the Defendants/Appellants:

Monice Moore Hagler                 Samuel Morris
Ronald G. Wyatt                     Timothy Taylor 
Memphis, Tennessee                  Memphis, Tennessee
                                            

Judge: LILLARD

First Paragraph:

This case involves a chancery court review of a decision by a civil
service commission.  The commission had ordered the reinstatement of a
police officer.  The chancery court reversed the commission's
decision, upholding the termination of the officer's employment.  We
affirm the decision of the chancery court.

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

MAXINE NELSON
vs.
PACESETTER CORPORATION

Court:TCA

Attorneys:
James L. Harris
2400 Crestmoor Rd.
Nashville, TN 37215
ATTORNEY FOR PLAINTIFF/APPELLANT

John R. Tarpley
Susan R. High-McAuley
Lewis, King, Krieg, Waldrop & Catron, P.C.
SunTrust Center
424 Church Street, Suite 900
P. O. Box 198615
Nashville, TN 37219
ATTORNEYS FOR DEFENDANT/APPELLEE
                          
Judge: INMAN

First Paragraph:

This is a suit for damages for an alleged retaliatory discharge
brought pursuant to Tenn. Code Ann. S 50-1-304.  As winnowed, the
plaintiff alleges that she was discharged because she refused to
participate in gambling activities which were illegal under Tenn. Code
Ann. S 39-17-501.

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

PRISM PARTNERS, L.P.
vs.                     
MICHAEL D. FIGLIO
vs.
PRISM PARTNERS, L.P.            
LARRY CHERRY,       

Court:TCA

Attorneys:

STEVE NORTH
MARK NORTH
Madison, Tennessee
Attorneys for Appellant

EDMUND W. TURNLEY, III
Nashville, Tennessee
Attorney for Appellant

RICHARD M. SMITH
MANIER, HEROD, HOLLABAUGH & SMITH
Nashville, Tennessee
Attorney for Plaintiff/Appellee, Prism Partners, L.P.

W. LEE CORBETT
DAVID F. LEWIS
CORBETT, CROCKETT & LECKRONE
Nashville, Tennessee
Attorneys for Third-Party Defendant/Appellee, Larry Cherry                          

Judge:HIGHERS

First Paragraph:

In this unlawful detainer action, Defendant Michael D. Figlio appeals
the trial court's final judgment which held that Plaintiff/Appellee
Prism Partners, L.P., had free and clear title to the subject
property, ordered Figlio to vacate the subject property, and dismissed
Figlio's counterclaim for conspiracy.  The trial court's judgment also
dismissed Figlio's third-party complaint for fraud and conspiracy
against Third-Party Defendant/Appellee Larry Cherry.  For the reasons
hereinafter stated, we affirm in part and reverse in part the trial
court's judgment, and we remand for further proceedings.

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

JOHN BURTON TIGRETT
vs.
UNION PLANTERS NATIONAL BANK

Court:TCA

Attorneys:
    
Richard Glassman, James F. Horner; Glassman, Jeter,
Edwards & Wade of Memphis
For Appellant

Mark Vorder-Bruegge, Jr.; Wyatt, Tarrant & Combs
of Memphis
For Appellee
                          

Judge:CRAWFORD

First Paragraph:

Plaintiff, John Burton Tigrett, appeals from the trial court's order
dismissing plaintiff's complaint against defendant, Union Planters
National Bank.

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

JAMES C. TOMLINSON and      
CHARLES F. McKELVEY
vs.
EDNA J. KELLEY and          
JEANETTE M. COKE

Court:TCA

Attorneys:
For the Plaintiffs/Appellants:          For the Defendants/Appellees:

Jimmy A. Duncan                         Lawrence D. Wilson
Nashville, Tennessee                    Nashville, Tennessee

                                        G. Kline Preston, IV
                                        Nashville, Tennessee                          

Judge: KOCH

First Paragraph:

This appeal involves a controversy surrounding the appointment of a
local city official.  The mayor and the city manager of the City of
Berry Hill filed a defamation action in the Circuit Court for Davidson
County against two city residents who publicly questioned the
circumstances surrounding the interim appointment of a member of the
Board of Commissioners.  The trial court granted the residents' motion
for summary judgment and dismissed the city officials' complaint.  On
this appeal, the city officials assert that the trial court should not
have granted the summary judgment because the record contains evidence
that the residents knew or should have known that their critical
statements made to a local newspaper were false.  We affirm the trial
court.

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

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