May 26, 1999
Volume 5 -- Number 072

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

This Issue (IN THIS ORDER):
 
00 New Opinion(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
05 New Opinion(s) from the Tennessee Court of Appeals
02 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

C & C ALUMINUM BUILDERS     
SUPPLY
VS.
JOHN RYND and wife CONNIE RYND,                     
and EDMOND PARSON

Court:TCA

Attorneys:                          
GERALD L. EWELL, JR.
HAYNES, HULL, RIEDER & EWELL, P.A.
214 North Atlantic Street
P. O. Box 878
Tullahoma, Tennessee 37388
    Attorney for Plaintiff/Appellee

ROBERT S. PETERS
SWAFFORD, PETERS & PRIEST
100 First Avenue, S.W.
Winchester, Tennessee 37398
    Attorney for Defendant/Appellant
    
Judge:CANTRELL

First Paragraph:

The only issue in this case is whether the real property involved was
"residential real property" and thus immune from the attachment of a
material furnisher's lien.  The Chancery Court of Coffee County held
that the property did not fit the definition of residential real
property in Tenn. Code Ann. S 66-11-146(a)(1).  We affirm.

http://www.tba.org/tba_files/TCA/Ccalum_opn.WP6



MARY SHEILA SUTOSKI HENNIGAN VS. ALVIN HENNIGAN, JR. Court:TCA Attorneys: ROBERT TODD JACKSON 222 Second Avenue North Suite 419 Nashville, TN 37201 ATTORNEY FOR THE DEFENDANT/APPELLANT FRED C. STATUM, JR. 2200 First Union Tower 150 Fourth Avenue North Nashville, TN 37219 ATTORNEY FOR THE PLAINTIFF/APPELLEE Judge:COTTRELL First Paragraph: Appellant, Alvin Hennigan, (hereinafter referred to as Father) appeals the trial court's order requiring him to pay his daughter's college expenses pursuant to the Property Settlement and Child Custody Agreement entered into with Appellee, Mary Sheila Sutoski Hennigan, (hereinafter referred to as Mother) at the time of their divorce and a later amendment. For the reasons stated hereinafter, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCA/Hennigan_opn.WP6
MARY E. LESSLEY VS. CHARLES F. SHOPE, JR. Court:TCA Attorneys: COLLIER W. GOODLETT Assistant Public Defender 19th Judicial Circuit Clarksville, Tennessee 37040 Attorney for Defendant/Appellant JOHN KNOX WALKUP Attorney General and Reporter SUE A. SHELDON Assistant Attorney General 2nd Floor, Cordell Hull Building 425 5th Avenue, North Nashville, Tennessee 37243 Attorney for Plaintiff/Appellee Judge:COTTRELL First Paragraph: This case involves an appeal of an order finding Defendant, Charles F. Shope, Jr., in willful and deliberate civil contempt of court for failure to pay child support. The order gave Mr. Shope thirty-one days from its entry date to pay $350.00 in child support arrearage to the clerk of court or face imprisonment until such time as he purged himself of the contempt. Mr. Shope challenges the trial court's jurisdiction to issue the contempt order on the basis of alleged procedural aspects of an attachment issued against him. He also claims that the underlying divorce judgment that originally set child support was invalid. He also argues that he was entitled to a jury trial. We affirm the trial court. http://www.tba.org/tba_files/TCA/Lessleyp_opn.WP6
IN THE MATTER OF: M.C.G. Court:TCA Attorneys: Kathleen G. Morris, Nashville, Tennessee Attorney for Petitioner/Appellant. Paul G. Summers, Attorney General and Reporter Douglas Earl Dimond, Assistant Attorney General Attorneys for Respondent/Appellee. Judge:FARMER First Paragraph: Christy Gower (Mother) appeals the trial court's judgment terminating her parental rights to her minor son, M.C.G. We affirm the trial court's judgment based on our conclusion that the record contains clear and convincing evidence to support the court's findings that the Mother had abandoned M.C.G. and that termination of the Mother's parental rights was in M.C.G.'s best interests. http://www.tba.org/tba_files/TCA/Mcg_opn.WP6
JOHN G. TABOR, Individually, and TABOR CONSTRUCTION, INC. VS. CHRISTI EAKIN, GETTYSVUE PARTNERS, L.P., CLUB PARTNERS, INC., and WANG LAU and wife, FLORENCE LAU Court:TCA Attorneys: For Appellants For Appellees Christi Eakin, Gettysvue Partners, L.P., THOMAS R. HENLEY and Club Partners, Inc. Lufkin, Henley & Conner Knoxville, Tennessee RICKY L. APPERSON Spicer, Flynn & Rudstrom, PLLC Knoxville, Tennessee For Appellees Wang Lau and Florence Lau JAMES Y. (BO) REED JAMES C. CONE Jenkins & Jenkins, PLLC Knoxville, Tennessee Judge:SUSANO First Paragraph: The plaintiffs, John G. Tabor and Tabor Construction, Inc. (collectively, "Tabor"), brought this action for damages against Christi Eakin ("Eakin"), Gettysvue Partners, L.P., Club Partners, Inc., and Wang Lau and his wife, Florence Lau ("the Laus"), alleging that the defendants were guilty of "libel and slander and defamation." The trial court dismissed each of Tabor's claims against the various defendants, Tabor appeals, raising the following issues for our consideration: 1. Did the trial court err in dismissing the Laus on the ground that they did not publish the libelous letter from Eakin? 2. Did the trial court err in dismissing the Laus on the ground that their libelous communications were absolutely privileged? 3. Did the trial court err in dismissing Eakin, Gettysvue Partners, L.P., and Club Partners, Inc., on the ground that the libelous letter from Eakin was an absolutely privileged communication? We affirm. http://www.tba.org/tba_files/TCA/Taborjg_opn.WP6
CHARLES BOBO VS. STATE OF TENNESSEE Court:TCCA Attorneys: For Appellant: For Appellee: Deborah Black Huskins John Knox Walkup Office of District Public Defender Attorney General and Reporter 142 East Market Street 425 Fifth Avenue North Johnson City, TN 37601 Nashville, TN 37243-0493 Charles Bobo, #129349 Ellen H. Pollack P.O. Box 5000 Assistant Attorney General Mountain City, TN 37683 Criminal Justice Division 425 Fifth Avenue North John E. Herbison Nashville, TN 37243-0493 2016 Eighth Avenue South Nashville, TN 37204 Judge:OGLE First Paragraph: The petitioner, Charles Bobo, appeals the Washington County Criminal Court's dismissal of his petition for post-conviction relief. On appeal, the petitioner essentially raises the following issues for our consideration: 1. Whether the applicable statute of limitations bars the petitioner's claims that the jury instructions in his case violated the holdings of the United States Supreme Court in Sandstrom v. Montana, 442 U.S. 510, 99 S.Ct. 2450 (1979), and Cage v. Louisiana, 498 U.S. 39, 111 S.Ct. 328 (1990); and 2. Whether the Tennessee Supreme Court's decision in State v. Brown, 836 S.W.2d 530 (Tenn. 1992), should be applied retroactively to the petitioner's case. Following a review of the record and the parties' briefs, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Bobo_pc.WP6
STATE OF TENNESSEE VS. DAVID LYN GRIBBLE Court:TCCA Attorneys: FOR THE APPELLANT: JULIE A. MARTIN P.O. Box 426 Knoxville, TN 37901-0426 (On Appeal) MACK GARNER District Public Defender 419 High Street Maryville, TN 37804 (At Hearing) FOR THE APPELLEE: JOHN KNOX WALKUP Attorney General and Reporter ELLEN H. POLLACK Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 MICHAEL L. FLYNN District Attorney General KIRK ANDREWS Assistant District Attorney General 363 Court Street Maryville, TN 37804-5906 Judge:RILEY First Paragraph: The defendant, David Lyn Gribble, appeals as of right the trial court's judgment upon revocation of probation. Defendant admitted his probation violation, and the trial court sentenced him to serve six months in the county jail with work release eligibility. In addition to incarceration, the trial court ordered defendant to serve an additional six months on intensive probation with the condition that he complete an outpatient alcohol treatment program. We find no abuse of discretion by the trial court and AFFIRM its judgment in all respects. http://www.tba.org/tba_files/TCCA/Gribbled_opn.WP6

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