Opinion FlashApril 9, 2002
Volume 8 Number 064
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.
There are three ways for TBALink members to get the full-text versions of these opinions from the Web:
Howard H. Vogel
ALFRED P. GARIONIS AND WIFE, FLORENCE GARIONIS, VS. ANDRE PRIDE AND CHARLES M. HOLLAND Court:TCA Attorneys: Alfred P. Garionis and wife, Florence Garionis, appellants, pro se. Douglas A. McTyier, Memphis, Tennessee, for the appellee, Charles M. Holland, and Nathan Kellum, Memphis, Tennessee, for the appellee, State Auto Insurance Company. Judge: ACREE First Paragraph: The plaintiffs filed a suit for personal injuries arising out of an automobile accident. Through their attorney, they reached a settlement of their claims. Thereafter, they sought to set aside the settlement upon the grounds that they had not authorized their attorney to accept the defendants' offer. Following an evidentiary hearing, the trial court found that the plaintiffs had authorized their attorney to settle the case and entered an order enforcing the settlement. We hold that the findings of the trial court are supported by a preponderance of the evidence and affirm the lower court. http://www.tba.org/tba_files/TCA/garionisalfred.wpd
PATRICIA D. PARKS v. JULIE NELSON, et al. Court:TCA Attorneys: Kevin Wayne Shepard, Maryville, Tennessee, for the Plaintiff/Appellant Candis D. Lasley, Knoxville, Tennessee, and H. Leo Beale II, Maryville, Tennessee, for the Defendants/Appellees Judge: GODDARD First Paragraph: In this appeal from the Blount County Circuit Court the Plaintiff/Appellant, Patricia D. Parks, contends that the Trial Court erred in granting the Motion for Summary Judgment filed by the Defendants/Appellees, Julie Nelson and Nelson Realtors/ Better Homes and Gardens, Inc. Ms. Parks also contends that the Trial Court erred in failing to grant her motion for continuance and in failing to grant her motion to accept a late filed deposition. We affirm the judgment of the Trial Court and remand the case for collection of costs below. http://www.tba.org/tba_files/TCA/parkspat.wpd
DALE WESLEY BELL v. STATE OF TENNESSEE Court:TCCA Attorneys: William Ken Seaton, Selmer, Tennessee, for the Appellant, Dale Wesley Bell. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Braden H. Boucek, Assistant Attorney General; Elizabeth T. Rice, District Attorney General; and Jerry W. Norwood, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: HAYES First Paragraph: The Appellant, Dale Wesley Bell, appeals from the dismissal of his petition for post-conviction relief. In 1999, Bell pled guilty to nine counts of aggravated burglary and one count of theft in excess of $10,000. Bell, a Range III Persistent Offender, received an effective fifteen-year sentence to be served in the Department of Correction. On appeal, Bell challenges the validity of his guilty plea upon grounds of: (1) voluntariness and (2) ineffective assistance of counsel. After review, we affirm the judgment of the McNairy County Circuit Court dismissing the petition. http://www.tba.org/tba_files/TCCA/belldalew.wpd
STATE OF TENNESSEE v. JAMES SMITH Court:TCCA Attorneys: Brett B. Stein, Memphis, Tennessee, for the appellant, James Smith. Paul G. Summers, Attorney General & Reporter; Elizabeth B. Marney, Assistant Attorney General; and Jerry Kitchen and Greg Gilluly, Assistant District Attorneys General, for the appellee, the State of Tennessee. Judge: WADE First Paragraph: The defendant, James Smith, was convicted of one count of first degree murder. The trial court imposed a sentence of life imprisonment with the possibility of parole. In this appeal, the defendant argues (1) that the evidence was insufficient to support his conviction and (2) that the trial court erred by admitting certain photographs of the victim. The judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/smithjames.wpd
STATE OF TENNESSEE v. EDDIE LEE TAYLOR Court:TCCA Attorneys: Clayton F. Mayo, Jackson, Tennessee, for the appellant, Eddie Lee Taylor. Paul G. Summers, Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; Jerry Woodall, District Attorney General; and Jody S. Pickens, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: The Defendant, Eddie Lee Taylor, was convicted by a jury of aggravated robbery. He was subsequently sentenced as a Range II multiple offender to sixteen years in the Department of Correction. In this appeal as of right, the Defendant contends that the evidence is not sufficient to support his conviction. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/taylorel.wpd
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