TBALink Opinion-Flash

April 13, 1998 -- Volume #4 -- Number #064

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
01-New Opinons From TSC-Workers Comp Panel
08-New Opinons From TCA
01-New Opinons From TCCA

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George Dean
TBALink Chief Editor


ALFRED EDWARDS, JR.
vs.
WITCO CHEMICAL CORPORATION      
and WITCO CORPORATION

Court:TSC - Workers Comp Panel

Attorneys: 

For Plaintiff:              For Defendant:

Louis Chiozza, Jr.          James B. Summers
230 Adams Avenue            Neely, Green, Fargarson, 
Memphis, TN 38103           Brooke & Summers
                            65 Union Ave., 9th Floor
                            P.O. Box 3543
                            Memphis, TN 38173-2500
                         
Judge:TOMLIN

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with T.C.A. S 50-6-225(e)(3) for hearing and reporting of findings
fact and conclusions of law.  In this appeal, the employer, Witco
Chemical Company and Witco Corporation ("defendant"), self insured,
contends that the evidence preponderates against the trial court's
award of eighty percent (80%) vocational disability to plaintiff,
Alfred Edwards, computed at two and a half times the anatomical
impairment rating of plaintiff's physician of thirty-two percent
(32%). For the reasons set forth below, we affirm the judgment of the
trial court as modified.

URL:http://www.tba.org/tba_files/TSC_WCP/edwardsa_opn.WP6
Opinion-Flash

JACQUELINE S. (WEIBEL) BREWER
vs.
JOSEPH WILLIAM WEIBEL, III

Court:TCA

Attorneys:

BRUCE KELLY, JR., Memphis, Attorney for Plaintiff.

JAMES F. ARTHUR, III., Germantown, Attorney for Defendant.
                          
Judge:TOMLIN

First Paragraph:

This is a post-divorce child custody suit.  Joseph Weibel III
("father") filed a petition in the Chancery Court of Shelby County
against Jacqueline Brewer ("mother") seeking to have custody of the
parties' minor child, Joseph Weibel IV, ("Joey") changed from mother
to father.  Mother had primary physical custody of the parties' child
pursuant to a consent order calling for joint custody.  Following a
hearing, the chancellor awarded father sole custody, with mother
having extensive visitation.  The court also ordered father to pay
mother's attorney fees and expenses in connection with the litigation.
 Mother has raised two issues by this appeal.  First, whether the
evidence preponderates against the finding of the chancellor that it
was in the best interest of the parties' child to award custody to
father.  And second, although father was directed to pay mother's
attorney fees and litigation expenses in connection with the trial
below, mother as appellant herein raises the issue of whether the
chancellor abused his discretion in directing father to pay mother's
attorney fees.  For the reasons hereinafter stated, we affirm the
award of custody to father and reverse the award of attorney fees to
mother.

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

CARVER PLUMBING COMPANY
vs.
MARTHA CONE BECK

Court:TCA

Attorneys: 

John L. Whitfield, Jr., MOODY, WHITFIELD & CASTELLARIN, Nashville,
Tennessee
Attorney for Plaintiff/Appellant.

Winston S. Evans, EVANS, JONES & REYNOLDS, Nashville, Tennessee
Attorney for Defendant/Appellee.
                         
Judge:FARMER

First Paragraph:

Plaintiff Carver Plumbing Company, Inc. (Carver Plumbing), appeals the
trial court's order entering summary judgment in favor of Carver
Plumbing's former attorney, Defendant/Appellee Martha Cone Beck
(Beck).  We reverse the trial court's judgment based on our conclusion
that a genuine issue of material fact exists as to whether Carver
Plumbing's action against Beck is barred by the one-year statute of
limitations applicable to legal malpractice actions.

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

JOHN and PATRICIA SYLAWA
vs.
FIRST AMERICAN TRUST CO., N.A., 
Executor

Court:TCA

Attorneys: 

Fred W. Beesley, Jr., BPR #9892
Malcolm L. McCune, BPR #2660
Court Square Building
300 James Robertson Parkway
Nashville, TN 37201
ATTORNEYS FOR CONTESTANTS/APPELLEES

William L. Harbison, BPR #7012
Andree S. Blumstein, BPR #9357
424 Church Street
Nashville, TN 37219
ATTORNEYS FOR PROPONENT/APPELLANT
                         
Judge:TODD

First Paragraph:

This is a will contest case involving a succession of wills, disputes
as to the testamentary capacity of the testator at the time of the
making of each of the wills, and the standing of the contestants.  At
the present stage of the proceedings, the contestants are in the
position of plaintiffs, because they initiated the contest.

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

KERRY GARLAND
vs.
JIM BONNER, Individually and        
d/b/a EZA AQUAGLASS POOLS 

KEN HOPKINS and wife, PAM
HOPKINS
vs.
JIM BONNER, Individually and
d/b/a EZA AQUAGLASS POOLS

Court:TCA

Attorneys: 

C. Tim Tisher of Columbia
For Appellees
 
William C. Barnes of Columbia
For Appellant
                         
Judge:TODD

First Paragraph:

This is an appeal of two cases consolidated for trial.  Both cases
originated in the General Sessions Court of Maury County, Tennessee.

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

MYRA JEAN McCORKLE
vs.
THE COUNTY OF DYER, TENNESSEE

Court:TCA

Attorneys: 

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

Charles M. Agee, Jr.                Wesley Clayton    
Dyersburg, Tennessee                David W. Camp            
                                    Jackson, Tennessee
                         
Judge:LILLARD

First Paragraph:

This is a premises liability case under the Tennessee Governmental
Tort Liability Act.  The trial court granted summary judgment to the
defendant governmental entity.  We affirm.

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

THE OAK RIDGE BOYS, INC.
vs.
STEVE H. SANDERS, ET AL

Court:TCA

Attorneys:

John R. Phillips, Jr., Timothy R. Rector
Phillips & Ingrum of Gallatin
For Appellant

John Knox Walkup, Attorney General and Reporter
Ronald W. McNutt, Assistant Attorney General of Nashville
For Appellee
                          
Judge:CRAWFORD

First Paragraph:

This is an unemployment compensation case.  Plaintiff, The Oak Ridge
Boys, Inc., appeals the order of the trial court which affirmed the
decision of the Board of Review of the Tennessee Department of
Employment Security to award benefits to Steve Sanders.

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

GALE JOAN HOLLEN RITCHIE
vs.
DAVID ANTHONY RITCHIE

Court:TCA

Attorneys: 

Gregory D. Smith, BPR #013420       Timothy K. Barnes, BPR #012375
One Public Square, Suite 321        103 S. Third Street
Clarksville, TN 37040               Clarksville, TN 37040
ATTORNEYS FOR PLAINTIFF/APPELLANT

Mark A. Rassas, BPR #4334
Julia North
RASSAS & RASSAS
Glenn Bldg., Suite 104
P.O. Box 361
Clarksville, TN 37041
ATTORNEYS FOR DEFENDANT/APPELLEE
                         
Judge:TODD

First Paragraph:

This is an appeal from a divorce decree in which the only issue is
which parent should have principal custody of Luke, the minor child of
the parties who was born July 13, 1993.  The divorce decree of the
Trial Court granted principal custody to the father, and the mother
appealed to this Court.

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

THE TIPTON COUNTY DEPARTMENT
OF PUBLIC INSTRUCTION BY        
TIPTON COUNTY BOARD OF      
EDUCATION
vs.
DELASHMIT ELECTRIC COMPANY, 
a partnership composed of AUBREY    
DELASHMIT, NEAL DELASHMIT and 
MICHAEL PUHLMAN and FRONTIER    
INSURANCE COMPANY

Court:TCA

Attorneys: 

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

Walker T. Tipton                M. Clark Spoden
Covington, Tennessee            Nashville, Tennessee
                                                                      
                                James Lynn Werner
                                Columbia, South Carolina
                         

Judge:LILLARD

First Paragraph:

This is a breach of contract case involving the enforcement of an
arbitration clause.  We find the arbitration clause applicable,
reverse the judgment of the lower court, and remand the case for
arbitration.

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

STATE OF TENNESSEE
vs.
SONYA DENISE AULTMAN

Court:TCCA

Attorneys: 

FOR THE APPELLANT:              FOR THE APPELLEE:

JOHN C. CAVETT, JR.             JOHN KNOX WALKUP
Cavett & Abbott, PLLC           Attorney General & Reporter
Pioneer Bank Bldg, Ste 428
Chattanooga, TN 37402           MICHAEL J. FAHEY, II
                                Assistant Attorney General
                                425 Fifth Avenue North
                                Second Floor, Cordell Hull Bldg
                                Nashville, TN 37243

                                WILLIAM H. COX
                                District Attorney General
                                BARRY STEELMAN
                                Asst District Attorney General
                                600 Market Street - Suite 300
                                Courts Building
                                Chattanooga, TN 37402
                         

Judge:ACREE

First Paragraph:

The defendant, Sonya Denise Aultman, was convicted by a Hamilton
County jury of being an accessory after the fact and was sentenced to
two years in the Tennessee Department of Corrections.  This is an
appeal as of right of the conviction and of the sentence.

URL:http://www.tba.org/tba_files/TCCA/aultman_op.WP6

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