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.
- 04-New Opinons From TSC
- 00-New Opinons From TSC-Rules
- 01-New Opinons From TSC-Workers Comp Panel
- 00-New Opinons From TCA
- 03-New Opinons From TCCA
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COLEMILL ENTERPRISES, INC. vs. JOE HUDDLESTON, Commissioner of Tennessee Department of Revenue Court:TSC Attorneys: For the Plaintiff: For the Defendant: Richard L. Colbert John Knox Walkup Cornelius & Collins Attorney General and Reporter Nashville, Tennessee Michael E. Moore Solicitor General Charles L. Lewis Deputy Attorney General Gary N. Meade, Jr. Assistant Attorney General Nashville, Tennessee Judge:Drowota First Paragraph: We granted the applications of both Colemill Enterprises, Inc. and the Department of Revenue in this action in which Colemill Enterprises, Inc., pursuant to Tenn. Code Ann. S 67-1-1801, challenges an assessment against it of state and local sales taxes. The assessment was based on transactions whereby Colemill Enterprises, Inc. substantially modified airplanes for out-of-state customers. URL:http://www.tba.org/tba_files/TSC/colmilen_opn.WP6 HAZEL MAXINE COLN and husband, CARL F. COLN vs. CITY OF SAVANNAH, TENNESSEE and DEBBIE VANCLEAVE vs. MATTHEW MARKOWSKI and wife, DIANE MARKOWSKI Court:TSC Attorneys: For Appellants, Coln: For Appellee, City of Savannah: Edward L. Martindale, Jr. James A. Hopper DREW AND MARTINDALE Savannah, Tennessee Jackson, Tennessee For Appellant, Vancleave: For Appellees, Markowski: James H. Bradberry Russell E. Reviere JAMES H. BRADBERRY Bradford D. Box & ASSOCIATES RAINEY, KIZER, BUTLER, REVIERE Dresden, Tennessee & BELL, P.L.C. Jackson, Tennessee Judge:ANDERSON First Paragraph: We granted permission to appeal in two premises liability cases to determine a common question to both - whether and to what extent the traditional open and obvious rule eliminating a landowner's duty to one injured as a result of an open and obvious danger continues to be viable after the adoption of comparative fault in McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992). URL:http://www.tba.org/tba_files/TSC/colnhm_opn.WP6 MICHAEL SCOTT EVANS vs. KAREN MARIE BISSON STEELMAN and IN THE MATTER OF: SEAN MICHAEL CRAWFORD, A CHILD UNDER 18 YEARS OF AGE, THOMAS MICHAEL CIHLAR vs. MARY ANN CRAWFORD and RONALD SHANE CRAWFORD Court:TSC Attorneys: Attorneys for Appellant Evans: Attorneys for Appellee Steelman: Clark Lee Shaw Philip W. Duer Nashville, Tennessee Nashville, Tennessee Mary Arline Evans Nashville, Tennessee Attorney for Appellant Cihlar: Attorney for Appellees Crawford: Wayne Detring John L. Schlechty Hendersonville, Tennessee New York, New York Attorney for Amicus Curiae, Attorney for the State of TN: Samuel T. Bartle, M.D.: R. Miles Mason John Knox Walkup Memphis, Tennessee Attorney General & Reporter Of Counsel: Michael E. Moore Professor Barbara Kritchevsky Solicitor General Memphis, Tennessee Linda A. Ross Associate Solicitor General Kimberly M. Frayn Assistant Attorney General Nashville, Tennessee Judge:ANDERSON First Paragraph: We granted the applications for permission to appeal and consolidated these two cases to decide whether, pursuant to Tenn. Code Ann. S 36-2-202 (1996 Repl.)(repealed 1997), a child is "born out of wedlock" when the child's mother is married, but not to the biological father, at the time of the child's birth. If not "born out of wedlock," the biological father has no standing to legitimate the child. URL:http://www.tba.org/tba_files/TSC/evansms_opn.WP6 CONSUMER ADVOCATE DIVISION, OFFICE OF THE ATTORNEY GENERAL, STATE OF TENNESSEE vs. H. LYNN GREER, CHAIR; SARA KYLE, DIRECTOR, and MELVIN MALONE, DIRECTOR, CONSTITUTING THE TENNESSEE REGULATORY AUTHORITY, and BELLSOUTH TELECOMMUNICATIONS, INC. Court:TSC Attorneys: For Appellants - Greer, Kyle & Malone: For Appellees Paul C. Ney Jr. John Knox Walkup Gregory Mitchell Attorney General & Reporter DORAMUS, TRAUGER & NEY Nashville, Tennessee Michael E. Moore Solicitor General For Appellants - BellSouth Guy Hicks L. Vincent Williams BELLSOUTH TELECOMMUNICATIONS Consumer Advocate Nashville, Tennessee Office of Attorney General Nashville, Tennessee Bennett L. Ross BELLSOUTH TELECOMMUNICATIONS Atlanta, Georgia Judge:DROWOTA First Paragraph: We granted this appeal to determine two issues: (1) whether the petition to intervene filed with the Tennessee Regulatory Authority ("TRA"), by the Consumer Advocate Division of the Attorney General's Office ("Advocate"), constituted a written complaint; and (2) whether the TRA is statutorily required to hold a contested case hearing upon the filing of a written complaint. URL:http://www.tba.org/tba_files/TSC/tennreg_opn.WP6 BETTY A. PRIMM vs. KANTUS CORPORATION and THE YASUDA FIRE & MARINE INS. CO. OF AMERICA Court:TSC - Workers Comp Panel Attorneys: For the Appellants: For the Appellees: John R. White Charles G. Blackard Charles L. Rich 155 Franklin Road, Suite 155 202 First National Bank Bldg. Brentwood, Tennessee 37027 P. O. Box 169 Shelbyville, TN 37162 Judge:INMAN First Paragraph: Appellate review requires that we presume that the judgment of the trial court is correct. Rule 13(d), T. R. A. P. We indulge no other presumptions, but look to see where the preponderance of the evidence lies. T.C.A. S 50-6 225(e)(2). It is axiomatic that the essential elements of a workers' compensation case, like any other, must be proved, and that the plaintiff must bear the burden of proof. There are no presumptions at the trial level. See, Tindall v. Waring Park Ass'n., 725 S.W.2d 935 (Tenn. 1987). While we do not substitute our judgment for that of the trial judge, we are as well positioned to judge the probative worth of depositional testimony. Cooper v. INA, 884 S.W.2d 446 (Tenn. 1994). URL:http://www.tba.org/tba_files/TSC_WCP/primmb_opn.WP6 STATE OF TENNESSEE vs. MICHAEL DEANGELO GREEN Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: EDWARD T. LANDIS JOHN KNOX WALKUP Suite 327, Doctors Building Attorney General and Reporter 744 McCallie Avenue Chattanooga, TN 37408 MICHAEL J. FAHEY, II Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 GARY D. GERBITZ District Attorney General DAVID DENNY Asst District Attorney General Suite 300, Court Building Chattanooga, TN 37402 Judge:CRAFT First Paragraph: The defendant, Michael Deangelo Green, was tried by a Hamilton County jury on twelve indictments, all consolidated for trial, which resulted from a crime spree committed between July 6 and July 11, 1993. URL:http://www.tba.org/tba_files/TCCA/green_opn.WP6 STATE OF TENNESSEE vs. RICKY LEBRON HUFF Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: DONNA R. MILLER JOHN KNOX WALKUP Office of the Public Defender Attorney General and Reporter Suite 300, 701 Cherry Street Chattanooga, TN 37402 MICHAEL J. FAHEY, II Assistant Attorney General For Appeal Only: 450 James Robertson Parkway RANDALL E. REAGAN Nashville, TN 37243-0493 602 Gay Street, Suite 905 Knoxville, TN 37902 GARY D. GERBITZ District Attorney General LELAND DAVIS Asst District Attorney General City-County Courts Building Chattanooga, TN 37402 Judge:CRAFT First Paragraph: The defendant, Ricky Lebron Huff, appeals as of right from a jury conviction for aggravated robbery. URL:http://www.tba.org/tba_files/TCCA/huff_opn.WP6 STATE OF TENNESSEE vs. ADRIAN D. SMITH Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Ardena J. Garth John Knox Walkup District Public Defender Attorney General & Reporter Donna Robinson Miller Marvin E. Clements, Jr. Asst District Public Defender Assistant Attorney General 701 Cherry Street, Suite 300 425 5th Avenue North Chattanooga, TN 37402 Nashville, TN 37243-0493 William H. Cox District Attorney General Barry Steelman Asst District Attorney General 600 Market Street--Courts Bldg Chattanooga, TN 37402 Judge:SUMMERS First Paragraph: Adrian D. Smith pled guilty to aggravated assault and resisting a stop. In October 1996 the trial court sentenced the appellant as a Range I, standard offender, to three years for the aggravated assault conviction and to six months for the resisting a stop conviction. His sentences were to run concurrently. The trial court denied the appellant's request for an alternative sentence. URL:http://www.tba.org/tba_files/TCCA/smithadr_opn.WP6
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