November 1, 2001
Volume 7 — Number 203

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.

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
00 New Opinion(s) from the Tennessee Court of Appeals
03 New Opinion(s) from the Tennessee Court of Criminal Appeals
01 New Opinion(s) from the Tennessee Attorney General (PDF format)
00 New Judicial Ethics Opinion(s)
00 New Formal Ethics Opinion(s) from the Board of Professional Responsibility
 

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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

MARTA MONZON v. MIGUEL ANGEL MONZON

Court:TCA

Attorneys:   

Marta Monzon, Collegedale, Tennessee, Pro Se.

No appearance by appellee.                       

Judge: SUSANO

First Paragraph:

The appellant, Marta Monzon, filed her notice of appeal more than 30
days after the entry of the trial court's final judgment.  As a
consequence of this late filing, we are without jurisdiction to hear
this appeal.  Accordingly, the appeal is dismissed.

http://www.tba.org/tba_files/TCA/monzonm.wpd


ROGER E. WHITE v. K. DAVID MYERS, et al. Court:TCA Attorneys: David A. Stuart, Clinton, Tennessee, for the Appellant, J. Philip Harber J. Brent Nolan, Knoxville, Tennessee, for the Appellee, Roger D. Hyman Judge: GODDARD First Paragraph: The Plaintiff, Roger E. White, filed suit seeking damages, attorney's fees, and court costs for multiple violations of the Fair Debt Collection Practices Act against two attorneys. Defendant K. David Myers was voluntarily dismissed with prejudice from the suit. Union County Chancery Court granted a motion for summary judgment on behalf of Defendant-Appellee, Roger D. Hyman. The court also granted Mr. Hyman's motion for sanctions against Mr. White and his attorney, J. Philip Harber. Mr. White did not appeal. Mr. Harber filed a notice of appeal as to the award of sanctions and also the amount of the sanctions. We affirm the decision of the trial court. http://www.tba.org/tba_files/TCA/whiteroger.wpd
HOWARD ZOLDESSY v. INGRID DAVIS, et al. Court:TCA Attorneys: Vivian L. Crandall, Oak Ridge, Tennessee, for the appellants, Ingrid Davis and Arthur Davis. David L. Valone, Knoxville, Tennessee, for the appellee, Howard Zoldessy. Judge: SUSANO First Paragraph: Upon the application of Howard Zoldessy, a temporary injunction was issued by the trial court against the defendants, Ingrid Davis and Arthur Davis. The Davises are the parents of Zoldessy's deceased wife and the grandparents of Zoldessy's daughter, Rachel. The injunction in question prohibits the defendants "from coming about [Howard Zoldessy] and his daughter, Rachel Zoldessy, or contacting him in any manner whatsoever." Following a bench trial, the trial court found that both defendants had committed willful criminal contempt by "coming about [Zoldessy's] residence on October 4, 1999." Each defendant was sentenced to 48 hours imprisonment for their contempt. Mr. Davis was also found in contempt for sending letters to Zoldessy and was sentenced to an additional term of imprisonment of 48 hours. The defendants appeal the trial court's findings of contempt, as well as the sentences imposed. We affirm the finding of contempt as to the letters sent to Zoldessy; however, we reverse the finding of contempt for the defendants' purported "coming about" Zoldessy and his daughter. http://www.tba.org/tba_files/TCA/zoldessyh.wpd
STATE OF TENNESSEE v. ELESA D. McDANIELS Court:TCCA Attorneys: J. Shannon Garrison, Dayton, Tennessee, for the appellant, Elesa D. McDaniels. Paul G. Summers, Attorney General and Reporter; Patricia C. Kussmann, Assistant Attorney General; James Michael Taylor, District Attorney General; and Steven H. Strain, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: The defendant was convicted of aggravated robbery and sentenced to eight years imprisonment. In this appeal, the defendant alleges (1) the evidence was insufficient to sustain her conviction, and (2) the trial court erroneously failed to charge simple robbery as a lesser-included offense of aggravated robbery. We conclude that the evidence was sufficient to support the conviction, and the defendant affirmatively acquiesced in the trial court's failure to charge simple robbery. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/mcdanielse.wpd

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