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.
- 01-New Opinons From TSC
- 00-New Opinons From TSC-Rules
- 00-New Opinons From TSC-Workers Comp Panel
- 06-New Opinons From TCA
- 02-New Opinons From TCCA
There are three ways to get the full opinion from the Web: (TBALink members only)
TBALink Chief Editor
REGINA DARLENE HUNTER vs. ED BROWN, JR. Court:TSC Attorneys: For Plaintiff-Appellant: For Defendant-Appellee: JERROLD L. BECKER PATRICK C. COOLEY Knoxville, TN Kingston, TN JOHN M. MCFARLAND Kingston, TN and THOMAS A. PAVLINIC Annapolis, MD As Amicus Curiae Judge:BIRCH First Paragraph: In this action for damages, the plaintiff, Regina Darlene Hunter, alleged that as a child she was sexually abused by the defendant, Ed Brown, Jr., but was unable to file this action prior to 1993 because she repressed the memory of the abuse. The trial court found no reason to toll the statute of limitations and granted the defendant's motion for summary judgment. The Court of Appeals affirmed. URL:http://www.tba.org/tba_files/TSC/hunterrd_opn.WP6 LaSALLE DUDLEY vs. RAYE P. DUDLEY Court:TCA Attorneys: David E. Caywood, Marc E. Reisman Causey, Caywood, Taylor, McManus & Bailey of Memphis, For Appellant Defendant-Appellee. Sherrie Miller of Memphis, For Appellee Judge:CRAWFORD First Paragraph: This is a divorce case. Appellant Lasalle Dudley appeals the order of the trial court awarding ex-wife Raye Dudley alimony in futuro of $250 per month and $2,500 in attorney fees. URL:http://www.tba.org/tba_files/TCA/dudleyl_opn.WP6 LOUIS E. HEIDLE and wife DELORIS J. HEIDLE, a/k/a S S & Z PROPERTIES vs. RANDALL L. McFARLAND Court:TCA Attorneys: TOM McFARLAND OF KINGSTON FOR APPELLANT JAMES W. BROOKS, JR., OF WARTBURG FOR APPELLEES Judge:Goddard First Paragraph: Randall L. McFarland appeals a judgment of the Chancery Court for Morgan County, which found--in a suit brought against him by Louis and Deloris Heidle--that a certain roadway which bisects Mr. McFarland's property was a public road and required him to remove gates which he had erected that impeded the free use of the roadway. URL:http://www.tba.org/tba_files/TCA/heidlel_opn.WP6 JEWELL MANESS vs. ESTATE OF ACIE LEE MANESS, Deceased; JAMES LEE MANESS, WILLIE MANESS & EDWARD MANESS Court:TCA Attorneys: THOMAS ANDERSON, Lexington, Attorney for Plaintiff. STEPHEN MILAM, Lexington, Attorney for Defendants. Judge:TOMLIN First Paragraph: Mrs. Jewell Maness ("Plaintiff") as administratrix of the estate of Acie Lee Maness, her deceased husband, filed a petition in the Chancery Court of Henderson County seeking to set aside or void a fraudulent conveyance. Named defendants were the estate, along with James Lee Maness, Willie Maness and Edward Maness, the three sons of plaintiff's deceased husband, who were the grantees under a warranty deed executed by Acie Lee Maness during his life- time. Plaintiff's motion for summary judgment was overruled, whereupon the case went to trial. Following a hearing, the chancellor dismissed plaintiff's petition. On appeal the sole issue for our consideration is whether or not the chancellor erred in dismissing plaintiff's petition. We are of the opinion that the trial court did err. Accordingly we reverse and remand. URL:http://www.tba.org/tba_files/TCA/manesjew_opn.WP6 ALMA LANE MORRIS, Executrix of the Estate of RAYMOND ALFRED MORRIS, vs. VOIL MORRIS Court:TCA Attorneys: MITCHELL G. TOLLISON HAWKS & TOLLISON Humboldt, Tennessee Attorney for Appellant L. L. HARRELL, JR. HARRELL, HARRELL & AGEE Trenton, Tennessee Attorney for Appellee Judge:HIGHERS First Paragraph: Alma Lane Morris ("Executrix"), substitute plaintiff and Executrix of the estate of Raymond Alfred Morris ("Decedent"), appeals the trial court's order entering a judgment in favor of Voil Morris ("Defendant"). We reverse the trial court's judgment because we hold that the parties' pleadings conclusively established that funds in Defendant's possession were held in trust for Decedent and that Decedent was entitled to the return of approximately $50,000 in trust funds. URL:http://www.tba.org/tba_files/TCA/morrisra_opn.WP6 LARRY W. SHORTER and JANET SHORTER, as parents of NICHOLAS G. SHORTER, deceased and individually, vs. JAMES STEWART McMANUS and KATHERYN LOUISE McMANUS Court:TCA Attorneys: WILLIAM A. REEVES, Wise & Reeves, P.C., Knoxville for Appellants. LINDA J. HAMILTON MOWLES, Lewis, King, Krieg, Waldrop & Catron, P.C., Knoxville, for Appellees. Judge:McMurray First Paragraph: This case arises out of a tragic motor scooter accident in which Nick Shorter, the thirteen year old son of the plaintiffs, was killed. The plaintiffs sued the parents of Nick's friend Dusty McManus, who had driven the scooter to Nick's house. Dusty allowed Nick to ride the scooter. Nick was involved in an accident which resulted in his death. Plaintiffs seek damages from Dusty's parents alleging that the defendants are liable under the theories of negligent entrustment, negligent supervision, negligent maintenance of the vehicle and negligence per se. The defendants moved for summary judgment which was granted by the trial court. This appeal resulted. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCA/shorterl_opn.WP6 BRIAN STEPHENSON vs. TOWN OF WHITE PINE, TENNESSEE Court:TCA Attorneys: J. MICHAEL KERR OF JEFFERSON CITY FOR APPELLANT DAVID L. McCORD and TIMOTHY E. IRWIN OF KNOXVILLE FOR APPELLEE Judge:Goddard First Paragraph: Brian Stephenson, formerly a police officer of White Pine, was dismissed from that position by the White Pine Chief of Police and its Mayor. Subsequently, a hearing was held before the Town Mayor and Board of Alderman, and the action in dismissing Mr. Stephenson was upheld. URL:http://www.tba.org/tba_files/TCA/stephenb_opn.WP6 TERRY PHELPS vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Terry Phelps, Pro Se John Knox Walkup Unit 2A-127 Turney Center Attorney General & Reporter Route 1 500 Charlotte Avenue Only, TN Nashville, TN 37243-0497 Elizabeth B. Marney Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 W. Michael McCown District Attorney General P.O. Box 904 Fayetteville, TN 37334 Judge:Jones First Paragraph: The appellant, Terry Phelps (petitioner), appeals as of right from a judgment of the trial court summarily dismissing his action to "Modify, Correct, and/or Set Aside Illegally Impose[d] Sentence." The trial court dismissed this action because (1) it was barred by the statute of limitations, and (2) the issue was waived as it was not raised in a prior action for post-conviction relief. In this court, the petitioner presents three issues for review. He contends (1) the trial court had jurisdiction to set aside or correct his illegal sentence, (2) the trial court erroneously treated his action as one for post-conviction relief and used the statute of limitations as a bar to granting relief, and (3) the trial court abused its discretion by ordering consecutive sentencing. After a thorough review of the record, the briefs submitted by the parties, and the law governing the issues presented for review, it is the opinion of this court that the judgment of the trial court should be affirmed. URL:http://www.tba.org/tba_files/TCCA/phelpst_opn.WP6 STATE OF TENNESSEE vs. MICHAEL LYNN WALTON Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: LIONEL R. BARRETT, JR. JOHN KNOX WALKUP Attorney at Law Attorney General & Reporter Washington Square Two, Ste. 417 222 Second Avenue North MICHAEL J. FAHEY, II Nashville, TN 37201 Assistant Attorney General 2nd Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, TN 37243 VICTOR S. JOHNSON, III District Attorney General JOHN ZIMMERMAN Assistant District Attorney General KIMBERLY L. HATTAWAY-HAAS Assistant District Attorney General Washington Square Two, Suite 500 222 Second Avenue North Nashville, TN 37201 Judge: WOODALL First Paragraph: The Defendant, Michael Lynn Walton, appeals as of right pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. He was convicted of two counts of official misconduct in one trial and two counts of rape in another trial. Both trials were jury trials in the Criminal Court of Davidson County. He was sentenced to one (1) year on each of the official misconduct convictions and eight (8) years on one rape conviction and nine (9) years on the other rape conviction. These sentences were ordered to run concurrently which left the Defendant with an effective sentence of nine (9) years. The Defendant argues three issues in this appeal: (1) whether the evidence was insufficient to support the convictions for rape; (2) whether the trial court erred in denying the Defendant's motion for an instruction as to statutory rape as a lesser included offense; and (3) whether the trial court erred in denying probation as to the counts of official misconduct. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/waltonml_opn.WP6
Feel 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/
Would you like to receive the TBALink Opinion-Flash each day via e-mail?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE
3) Leave the body of the message blank
Non TBA members are WELCOME to subscribe...it's free!!
Would you like to STOP receiving the TBALink Opinion-Flash?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: UNSUBSCRIBE
3) Leave the body of the message blank