Opinion FlashMarch 20, 2002
Volume 8 Number 051
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.
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Howard H. Vogel
In Re: ADOPTION OF SUPREME COURT RULE 36 - ESTABLISHING STANDARD PAPER SIZE FOR TENNESSEE STATE COURTS Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/rule36.wpd
MELVIN BONDS, JR., et al. v. MIKE EMERSON, et al. MIKE EMERSON, ET AL v. MELVIN BONDS, JR., ET AL Court:TCA Attorneys: Larry S. Banks, Brownsville, For Appellants, Mike Emerson, Vickie Emerson, Erica D. Emerson T. Verner Smith, Jackson, For Appellees, Melvin Bonds, Jr. and Virginia Bonds James I. Pentecost, Jackson, for Appellee, Haywood County, Tennessee Judge: CRAWFORD First Paragraph: This is a personal injury case arising from an automobile accident involving a sixteen-year old driver and a police officer. Officer, who was responding to a backup call, was allegedly driving 99 m.p.h. when driver pulled out of driveway. In a bench trial, the trial court found driver 80% at a fault for the accident and the officer 20% at fault. Driver has appealed. Judgment vacated and remanded. http://www.tba.org/tba_files/TCA/bondsmelvin.wpd
JERRY HUDDLESTON v. RAMSDSALE O'DENEAL Court:TCA Attorneys: Jerry Huddleston, Pro Se Ramsdale O'Deneal, Pro Se Judge: CRAWFORD First Paragraph: Plaintiff sued defendant for legal malpractice seeking compensatory and punitive damages. The Circuit Court of Madison County, Tennessee found defendant liable to the plaintiff for compensatory damages in the amount of $100.00, but dismissed plaintiff's claim for punitive damages. Plaintiff has appealed. We affirm. http://www.tba.org/tba_files/TCA/huddlestonjerry.wpd
MARGARET PARKER v. THE KROGER COMPANY Court:TCA Attorneys: Marshall L. Gerber, Memphis, For Appellant, Margaret Parker Minton P. Mayer, Memphis, For Appellee, The Kroger Company Judge: CRAWFORD First Paragraph: Plaintiff, a Tennessee resident, slipped and fell in a Kroger store in Texas. Plaintiff sued defendant in Shelby County Circuit Court, and the parties agreed that Texas law was applicable. The trial court granted summary judgment for defendant, and plaintiff appeals. We reverse and remand. http://www.tba.org/tba_files/TCA/parkermargaret.wpd
UNION PLANTERS NATIONAL BANK v. AMERICAN HOME ASSURANCE COMPANY Court:TCA Attorneys: John J. Mulrooney, Memphis, Tennessee, for appellant Union Planters National Bank. Richard Glassman and R. Douglas Hanson, Memphis, Tennessee, for the appellee American Home Assurance Company. Judge: LILLARD First Paragraph: This is an insurance case dealing with a standard loss-payee clause. On September 1, 1980, the appellee insurance company issued an aircraft hull and liability insurance policy to a commercial airline. The policy had an attached breach of warranty endorsement specifying the appellant bank as the loss payee for a particular airplane. In November 1980, the airline cancelled its insurance coverage for the airplane without giving notice to the bank. In December 1980, the airplane was found in Puerto Rico and seized by the United States government as an instrument of drug trafficking. When the airplane was seized, the seats and log books were missing. The bank sought recovery for the loss to the airplane under the breach of warranty endorsement attached to the original insurance policy. The insurance company denied coverage, and the bank sued the insurance company in the trial court below. The trial court granted summary judgment in favor of the insurance company. The bank now appeals. We reverse, finding that because notice of the cancellation of the insurance policy was not given to the loss-payee bank, the cancellation was not effective as to the loss-payee. http://www.tba.org/tba_files/TCA/upbank.wpd
TIM WALTON v. SHARON (WALTON) CAMP Court:TCA Attorneys: Jeffrey Jones, Memphis, For Appellant, Sharon (Walton)Camp James Stephen King, Memphis, For Appellee, Tim Walton Judge: CRAWFORD First Paragraph: This is an appeal of an order modifying child support. Mother filed a petition seeking, inter alia, an increase in child support based upon income from father's home appraisal business, which he receives in addition to his regular salary from his full-time employment. Mother alleged that father entered into a partnership with his new wife in order to shelter income. The trial court found that, by the time mother filed her petition for an increase in support, a legitimate partnership existed between father and his new wife. The court ordered an increase in child support based upon father's projected share in the partnership, but taking into consideration the child of father's new marriage. Mother has appealed. We affirm in part and reverse in part. http://www.tba.org/tba_files/TCA/waltontim.wpd
STATE OF TENNESSEE v. TOMMY G. BENHAM Court:TCCA Attorneys: Jodie A. Bell (at trial) and Jeffrey A. DeVasher (on appeal), Assistant Public Defenders, for the appellant, Tommy G. Benham. Paul G. Summers, Attorney General & Reporter; Jennifer L. Bledsoe, Assistant Attorney General; and Eric Herbert, Assistant District Attorney General, for the appellee, the State of Tennessee. Judge: WADE First Paragraph: The defendant, Tommy G. Benham, was convicted of two counts of attempted aggravated robbery, a Class C felony. The trial court sentenced the defendant as a Range III, persistent offender to eleven years on each count, to be served concurrently. In this appeal of right, the defendant argues that the state failed to provide notice that it would seek enhanced punishment, as required by Tennessee Code Annotated section 40-35-202(a). The judgments of the trial court are affirmed. http://www.tba.org/tba_files/TCCA/benhamt_opn.wpd
DISSENTING: Smith http://www.tba.org/tba_files/TCCA/benhamt_dis.wpd
STATE OF TENNESSEE v. REYNALDO T. COLLAZO Court:TCCA Attorneys: John E. Herbison, Nashville, Tennessee, for the appellant, Reynaldo T. Collazo. Paul G. Summers, Attorney General & Reporter; David H. Findley, Assistant Attorney General; T. Michael Bottoms, District Attorney General, for the appellee, the State of Tennessee. Judge: WADE First Paragraph: The defendant, Reynaldo T. Collazo, entered a plea of nolo contendere to one count of failure to obey a police officer, a class C misdemeanor. The trial court placed the defendant on judicial diversion. See Tenn. Code Ann. S 40-35-313(a)(1)(A). In this appeal, the defendant presents a certified question of law pursuant to Tennessee Rule of Criminal Procedure 37(b)(2)(i). Because the defendant was placed on judicial diversion, he has no appeal as of right under Tennessee Rule of Appellate Procedure 3. This court elects to treat the improperly filed Rule 3 appeal as an extraordinary appeal pursuant to Tennessee Rule of Appellate Procedure 10. The judgment of the trial court denying the defendant's motion to suppress is affirmed. Because, however, the trial court failed to make a finding of guilt before placing the defendant on judicial diversion, the cause is remanded. http://www.tba.org/tba_files/TCCA/collazor.wpd
STATE OF TENNESSEE v. ALDA MICHELLE PAETZ Court:TCCA Attorneys: Jefre S. Goldtrap, Nashville, Tennessee, for the Appellant, Alda Michelle Paetz. Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; Dan M. Alsobrooks, District Attorney General; and Robert S. Wilson, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: The Defendant entered a plea of nolo contendere to vehicular homicide by reckless driving. Pursuant to her plea agreement, the Defendant received a four-year sentence, with the manner of service of the sentence to be determined by the trial court. Following a sentencing hearing, the trial court ordered that the Defendant serve her entire four-year sentence in the Tennessee Department of Correction. The Defendant now appeals, arguing that she should have received some form of alternative sentencing. We conclude that the record supports the trial court's denial of alternative sentencing and therefore affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/paetzam.wpd
STATE OF TENNESSEE v. CAROLYN WHEELER Court:TCCA Attorneys: Kenneth Quillen, Nashville, Tennessee, for appellant, Carolyn Wheeler. Paul G. Summers, Attorney General & Reporter; Elizabeth T. Ryan, Assistant Attorney General; Victor S. Johnson, District Attorney General; and Jason M. Lawless, Assistant District Attorney, for appellee, State of Tennessee. Judge: SMITH First Paragraph: The appellant was sentenced on November 24, 1997 for two convictions, theft of property valued in excess of $10,000 and forgery. Two concurrent three year sentences were imposed with incarceration for one year followed by two years of community corrections. Restitution was not ordered until the appellant's sentenced had expired, and she brings this appeal maintaining that the trial court lacked jurisdiction to impose restitution following the expiration of her sentence. The State concedes that the restitution order in this case was entered following the expiration of the appellant's sentence and is therefore in contravention of Tennessee Code Annotation section 40-35- 304(g)(2). We agree and reverse the order of restitution entered in this case. http://www.tba.org/tba_files/TCCA/wheelerc.wpd
STATE OF TENNESSEE v. CAROLYN A. WOOSTER Court:TCCA Attorneys: John Edward Herbison, Nashville, Tennessee, for the appellant, Carolyn A. Wooster. Paul G. Summers, Attorney General & Reporter; Elizabeth T. Ryan, Assistant Attorney General; and Suzanne Lockert, Assistant District Attorney General, for the appellee, the State of Tennessee. Judge: WADE First Paragraph: The defendant, Carolyn A. Wooster, was convicted of aggravated child abuse and neglect, a Class A felony. The trial court imposed a sentence of 15 years. In this appeal, the defendant asserts that (1) the evidence was insufficient to support her conviction and (2) the trial court's failure to give an augmented unanimity instruction was reversible error. The judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/woosterc.wpd
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