TBALink Opinion-Flash

December 4, 1998 -- Volume 4 -- Number 174

What follows is the case style or name, first paragraph, author's name, and the names of the attorneys for the parties of each opinion released today from Tennessee's three appellate courts.

This Issue (IN THIS ORDER):
05-New Opinion(s) from the Tennessee Supreme Court
00-New Opinion(s) from the Tennessee Supreme Court Workers Comp Panel
00-New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
07-New Opinion(s) from the Tennessee Court of Appeals
00-New Opinion(s) from the Tennessee Court of Criminal Appeals
00-New Judicial Ethics Opinion(s)
00-New Formal Ethics Opinion(s) from the Board of Professional Responsibility

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Lucian T. Pera
Editor-in-Chief, TBALink



MARGIE BYERS
VS.
CALFEE COMPANY OF DALTON, INC.    

Court:TSC

Judge: PER CURIAM

First Paragraph:

JUDGMENT ORDER

This case is before the Court upon the entire record, including the
order of referral to the Special Workers' Compensation Appeals Panel,
and the Panel's Memorandum Opinion setting forth its findings of fact
and conclusions of law, which are incorporated herein by reference.
Whereupon, it appears to the Court that the Memorandum Opinion of the
Panel should be accepted and approved; ...

URL:http://www.tba.org/tba_files/TSC/byersm_jo.WP6
Opinion-Flash

JAMES DARVIN HARVEY
VS.
MUELLER COMPANY  

Court:TSC

Judge:PER CURIAM

First Paragraph:

JUDGMENT ORDER

This case is before the Court upon the entire record, including the
order of referral to the Special Workers' Compensation Appeals Panel,
and the Panel's Memorandum Opinion setting forth its findings of fact
and conclusions of law, which are incorporated herein by reference.
Whereupon, it appears to the Court that the Memorandum Opinion of the
Panel should be accepted and approved; and ...

URL:http://www.tba.org/tba_files/TSC/harveyj_jo.WP6
Opinion-Flash

PATRICIA HENLEY
VS.
CKR INDUSTRIES, INC.    

Court:TSC

Judge:PER CURIAM

First Paragraph:

JUDGMENT ORDER

This case is before the Court upon the entire record, including the
order of referral to the Special Workers' Compensation Appeals Panel,
and the Panel's Memorandum Opinion setting forth its findings of fact
and conclusions of law, which are incorporated herein by reference.
Whereupon, it appears to the Court that the Memorandum Opinion of the
Panel should be accepted and approved; and ...

URL:http://www.tba.org/tba_files/TSC/henleyp_jo.WP6
Opinion-Flash

ALVIN RALPH MANN
VS.
CKR INDUSTRIES, INC.    

Court:TSC

Judge:PER CURIAM

First Paragraph:

JUDGMENT ORDER

This case is before the Court upon the entire record, including the
order of referral to the Special Workers' Compensation Appeals Panel,
and the Panel's Memorandum Opinion setting forth its findings of fact
and conclusions of law, which are incorporated herein by reference.
Whereupon, it appears to the Court that the Memorandum Opinion of the
Panel should be accepted and approved; and ...

URL:http://www.tba.org/tba_files/TSC/manna_jo.WP6
Opinion-Flash

DONNIE G. SMITH 
VS.
HERITAGE FORD-LINCOLN-MERCURY,INC.,HARLEYSVILLE     
MUTUAL INSURANCE COMPANY

and

DINA TOBIN,Director of the Division            
of Workers' Compensation TENNESSEE DEPARTMENT OF
LABOR, SECOND INJURY FUND

Court:TSC

Judge:PER CURIAM

First Paragraph:

This case is before the Court upon the entire record, including the
order of referral to the Special Workers' Compensation Appeals Panel,
and the Panel's Memorandum Opinion setting forth its findings of fact
and conclusions of law, which are incorporated herein by reference.
Whereupon, it appears to the Court that the Memorandum Opinion of the
Panel should be accepted and approved; and ...

URL:http://www.tba.org/tba_files/TSC/smithd_jo.WP6
Opinion-Flash

In re:  Estate of Louise C. Davis,  Deceased.

SARAH FOSTER KELLEY
VS.
SARAH HILL MARTIN

Court:TCA

Attorneys:   

DONALD ARKOVITZ
332 White Bridge Road
Nashville, Tennessee  37209
    ATTORNEY FOR PETITIONER/APPELLANT

GEORGE H. CATE, JR.
95 White Bridge Road
Suite 503, Cavalier Building
Nashville, Tennessee  37205
    ATTORNEY FOR RESPONDENT/APPELLEE                       

Judge:CAIN

First Paragraph:

This appeal involves the validity of certain transactions entered into
by the holder of a power of attorney.  The trial court set aside the
transactions finding that the attorney in fact had failed to rebut the
presumption of undue influence which arose in light of these
self-benefitting transactions.  We affirm the decision of the trial
court.

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

BILLY FLOWERS and AMY FLOWERS
VS.
CHARLES R. HORNER and REBA M. HORNER

Court:TCA

Attorneys: 

Douglas Thompson Bates, Centerville, for Appellants.
Allston Vander Horst, Centerville, for Appellees.
   
Judge:INMAN

First Paragraph:

This controversy may, perhaps, be described as a boundary dispute.
The development of Riverview Estates Subdivision began in 1971 with
the recordation of a plat which provided for a cul-de-sac fifty feet
in width centered on the West boundary of Lot 23.

URL:http://www.tba.org/tba_files/TCA/flowers_ca1.WP6
Opinion-Flash

ALLEN E. HASTY and wife, JUDY DARLENE HASTY
VS.
THOMAS R. THRONEBERRY, Ind. and d/b/a THRONEBERRY
PROPERTIES and SHARON CLUTTER

Court:TCA

Attorneys:  

L. GILBERT ANGLIN
Murfreesboro, Tennessee
Attorney for Appellant

LARRY D. BRANDON
Murfreesboro, Tennessee
Attorney for Appellee
                        
Judge:HIGHERS

First Paragraph:

Defendant Thomas R. Throneberry appeals the trial court's judgment in
the amount of $6,000 entered in favor of Plaintiff/Appellee Allen E.
Hasty after a jury trial.  For the reasons hereinafter stated, we
affirm the trial court's judgment.

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

ROGER P. HOGAN, FRED C. DANCE, and MUSIC CITY DUST-TEX
SERVICE, INC.
VS.
COYNE INTERNATIONAL ENTERPRISES CORPORATION
d/b/a COYNE TEXTILE SERVICES

Court:TCA

Attorneys:    

HELEN S. ROGERS
2205 State Street
Nashville, Tennessee 37203
    Attorney for Plaintiffs/Appellants

C.J. GIDEON, JR.
WILLIAM S. WALTON
414 Union Street
Suite 1900, NationsBank Plaza
Nashville, Tennessee 37219-1782
    Attorneys for Defendant/Appellee                      

Judge:CANTRELL

First Paragraph:

This action is based on a series of contracts executed in the sale of
an industrial dust control and laundry business.  The Chancery Court
of Davidson County dismissed the claims of the sellers, held that one
of the sellers had breached one of the agreements but that the buyer
had failed to prove its damages, and awarded the buyer attorneys'
fees.  We reverse the dismissal of the sellers' action and modify the
award of attorneys' fees.

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

MARY M. PAWLAKOS
VS.
LAURIE WATSON PAWLAKOS

Court:TCA

Attorneys:  

ROBERT H. MOYER
RUDOLPH, ROSS & FENDLEY, P.L.L.C.
Clarksville, Tennessee
Attorney for Appellant

DAN R. BRADLEY
Waverly, Tennessee
Attorney for Appellee                        

Judge:HIGHERS

First Paragraph:

Respondent Laurie Watson Pawlakos (the Wife) appeals the trial court's
order requiring her to return certain funds to the estate of her
deceased husband, John T. Pawlakos (the Decedent).  For the reasons
hereinafter stated, we affirm in part and reverse in part the trial
court's judgment.

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

STATE OF TENNESSEE DEPARTMENT OF CHILDREN'S SERVICES
VS.
TAMRA LEEANN VIAR
and
JOHN FITZGERALD GROSS
and
THE UNKNOWN FATHER OF KATELYN NICOLE VIAR

IN THE MATTER OF: KATELYN NICOLE VIAR d/o/b:   9/22/95

Court:TCA

Attorneys: 

J. Brooks Fox, Tullahoma, for Appellant Tamra Leann Viar.
John Knox Walkup, Attorney General, and Douglas Earl Dimond, Assistant
Attorney General, Nashville, for the Appellee DHS.

Judge:INMAN

First Paragraph:

The parental relationship between Tamra Viar and her daughter,
Katelyn, was terminated by the Juvenile Court, the propriety of which
she presents for review.  Our review of the findings of fact made by
the trial Court is de novo upon the record of the trial Court,
accompanied by a presumption of the correctness of the finding, unless
the preponderance of the evidence is otherwise. Tenn. R. App. P., Rule
13(d); Campbell v. Florida Steel Corp., 919 S.W.2d 26 (Tenn. 1996).

URL:http://www.tba.org/tba_files/TCA/viar_ca1.WP6
Opinion-Flash

ANN S. WING
VS.
JAMES E. WING

Court:TCA

Attorneys: 

Carol L. Soloman and Thomas F. Bloom, Nashville, for Appellant.
F. Dulin Kelly, Hendersonville, for Appellee.                         

Judge:INMAN

First Paragraph:

This is a domestic relations dispute involving money only.  The trial
court held that a certificate of deposit and one investment account
were the separate property of Husband and declined to award Wife
alimony or the total amount of her attorney fees.  She appeals and
presents these issues for review.

URL:http://www.tba.org/tba_files/TCA/wing_ca1.WP6


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