December 13, 2001
Volume 7 — Number 230

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
07 New Opinion(s) from the Tennessee Court of Appeals
00 New Opinion(s) from the Tennessee Court of Criminal Appeals
00 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

E. ALFRED BIBBINS, a/k/a ED OWENS v. T.R. GUNN, d/b/a T.R. GUNN COMPANY

Court:TCA

Attorneys: 

E. Alfred Bibbins, Chattanooga, Tennessee, Pro Se.

No brief filed on behalf of appellee, T.R. Gunn d/b/a T.R.Gunn
Company.                         

Judge: SUSANO

First Paragraph:

The plaintiff filed a complaint seeking money damages and other relief
against the defendant.  The complaint alleges that the plaintiff is
entitled to the requested relief based on past defamatory statements
and anticipated "libelous and slanderous statements that damage
plaintiff's reputation."  The trial court dismissed the complaint "for
lack of proof."  We affirm.

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

BLAKE BURTON, et al. v. HARDWOOD PALLETS, INC., et al.

Court:TCA

Attorneys:   

Michael A. Anderson, Chattanooga, Tennessee, for the appellants, Blake
Burton and Michael Burton.

Donald J. Aho, Chattanooga, Tennessee, for the appellee, AmSouth Bank.
                      
Judge: SUSANO

First Paragraph:

This appeal involves a dispute between the sellers of a business and
the bank that financed a portion of the purchase price.  The
plaintiffs, Blake Burton and Michael Burton, entered into an agreement
with the defendant, Hardwood Pallets, Inc., to sell the Burtons'
pallet manufacturing business.  As partial consideration for the sale,
Hardwood Pallets executed an unsecured promissory note to the Burtons
in the amount of $1,000,000.  Additional consideration for the sale
was obtained by way of an $800,000 loan from the defendant, AmSouth
Bank, to Hardwood Pallets; as a part of the bank transaction, Hardwood
Pallets pledged its assets as collateral.  As a condition to the
making of the loan, AmSouth required the Burtons to execute a
subordination agreement.  When Hardwood Pallets defaulted on the bank
loan, AmSouth sold the collateral at a private sale.  Litigation
ensued.  In addition to suing Hardwood Pallets and its shareholders,
the Burtons sued AmSouth, alleging procurement of breach of contract
and civil conspiracy to defraud.  AmSouth filed a counterclaim,
alleging that the Burtons breached the subordination agreement.  It
also filed a motion for summary judgment, asserting that it acted
within its rights under the subordination agreement.  The trial court
entered a judgment in favor of AmSouth pursuant to Tenn. R. Civ. P.
54.02.  We affirm.

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

ALLISON COATS v. SMYRNA/RUTHERFORD COUNTY AIRPORT AUTHORITY

Court:TCA

Attorneys:

Josh A. McCreary, Murfreesboro, Tennessee, for the appellant,
Smyrna/Rutherford County Airport Authority.

Allison Coats, Smyrna, Tennessee, Pro Se.

Judge: CAIN

First Paragraph:

This action was brought by the plaintiff against the defendant
following two requests by the plaintiff pursuant to the Tennessee
Public Records Act for certain documents relating to the Smyrna
Airport negotiations with Wiggins Group, PLC./Plane Station, Inc.  The
plaintiff alleged a statutory right to inspect certain documents. 
Ultimately, the trial court ordered all of the documents released to
the plaintiff, but ordered correspondence addressed to or signed by
the SRCAA attorney placed under seal pending appeal.  The principal
issue on this appeal is whether the appellee is entitled to the
documents under seal pursuant to Tennessee Code Annotated section
10-7-503.

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

KATHIE NAOMI KING v. BILLY WAYNE KING

Court:TCA

Attorneys:

William C. Barnes, Jr., Columbia, Tennessee, for the appellant, Billy
Wayne King.

Joe W. Henry, Jr., Pulaski, Tennessee, for the appellee, Kathie Naomi
King.                       

Judge: CAIN

First Paragraph:

This is an appeal of a divorce proceeding presented to the trial court
in an unusual manner, by agreement of all parties and all attorneys. 
Husband appeals the final judgment, and we affirm in part and reverse
in part.

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

MILLIKEN GROUP, INC. v. HAYS NISSAN, INC.

Court:TCA

Attorneys:

William P. Jones, Hendersonville, Tennessee, for the appellant,
Milliken Group, Inc.

Todd E. Panther, Nashville, Tennessee, for the appellee, Hays Nissan,
Inc.                 

Judge: FARMER

First Paragraph:

This dispute arises from a contract for capital improvements entered
into between the plaintiff and the agent of the defendant.  The
primary issues on appeal are whether the agent had the authority to
bind the defendant to the contract, and whether the trial court erred
in limiting the amount of damages awarded to the plaintiff.  We affirm
in part and modify the judgment.

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


CORRECTED OPINION

WILLIAMSON COUNTY, et al. v. TENNESSEE STATE BOARD OF EQUALIZATION

Court:TCA

Attorneys:

Jeffrey Dean Moseley, Franklin, Tennessee, for the appellant,
Williamson County, Tennessee.

James Charles and Jennifer Clinard Surber, Nashville, Tennessee, for
the appellant, Metropolitan Government of Nashville and Davidson
County.

Donnie E. Wilson and Robert B. Rolwing, Memphis, Tennessee, for the
appellant, Shelby County, Tennessee.

Jean Dyer Harrison, Nashville, Tennessee, for the appellants,
Tennessee City Governments and Tennessee County Governments.

Paul G. Summers, Attorney General & Reporter; and Jimmy G. Creecy,
Chief Special Counsel, Nashville, Tennessee, for the appellee,
Tennessee State Board of Equalization.


T. Arthur Scott, Jr. and Suzanne S. Cook, Kingsport, Tennessee, for
the appellees, Appalachian Power Company and Kingsport Power Company.

Brigid M. Carpenter, Nashville, Tennessee; James W. McBride,
Washington, D.C.; and Stephen D. Goodwin, Memphis, Tennessee, for the
Intervenors/Appellees, Coalition of Public Utilities.

Everett B. Gibson, Memphis, Tennessee, for the Intervenors/Appellees,
Colonial Pipeline Company, MCI Metro Access Transmission Services,
Inc., MCI Telecommunications Corporation and Norfolk Southern Railway
Company.                       

Judge: CAIN

First Paragraph:

In this case, a consortium of counties and cities appeals the decision
of the Chancery Court of Davidson County upholding the action of the
Tennessee State Board of Equalization in applying depreciable life
schedules forming a part of Tennessee Code Annotated section
67-5-903(f) to commercial and industrial tangible personal property
and in holding that personal property is not constitutionally required
to be valued at its actual value in the implementation of Tennessee
Code Annotated section 67-5-1509(a).  The only issues before this
court are the constitutionality of Tennessee Code Annotated section
67-5-903(f) and Tennessee Code Annotated section 67-5- 1509(a).  We
hold both statutes to be constitutional and affirm the Chancellor.

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

WILLS ELECTRIC COMPANY, INC. v. HASSAN MIRSAIDI, INDIVIDUALLY & D/B/A
MIRSAIDI CONSTRUCTION COMPANY

Court:TCA

Attorneys:

Richard E. Norman, Jr., Nashville, Tennessee, for the appellant,
Hassan Mirsaidi, Individually and d/b/a Mirsaidi Construction.

Joseph Y. Longmire, Jr. and C. Ronald Blanton, Hendersonville,
Tennessee, for the appellee, Wills Electric Company, Inc.

Judge: CANTRELL

First Paragraph:

A general contractor withheld the final payment for work completed by
his electrical subcontractor, and the subcontractor sued for breach of
contract.  The trial court awarded the subcontractor the
contracted-for amount, as well as pre-judgment interest and
consequential damages.  We reverse the award of consequential damages.
 In all other respects, we affirm the trial court.

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

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