Opinion FlashApril 22, 2003
Volume 9 Number 072
Following this index are summaries of each case, including its name, first paragraph, author's name, and the names of attorneys for the parties of each opinion.This Issue (IN THIS ORDER):
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Howard H. Vogel
21st MORTGAGE CORP. , formerly 21st CENTURY MORTGAGE CORP. v. CAPITOL HOMES, LLC, et al. Court:TCA Attorneys: Anthony R. Steele, Knoxville, Tennessee, for the Appellant 21st Mortgage Corp., formerly 21st Century Mortgage Corp. Gary L. Edwards, Johnson City, Tennessee, for the Appellee Capitol Homes, LLC. Judge: SWINEY First Paragraph: Ms. Stella Ford ("Ford") purchased a manufactured home from Capitol Homes, LLC ("Capitol Homes") and contractually agreed to make monthly payments. At the same time, Capitol Homes assigned its rights under the contract with Ford to 21st Mortgage Corp. ("Plaintiff") through an Assignment by Seller ("Assignment"). Capitol Homes made twelve express warranties in the Assignment. The Assignment further provided it would be with limited recourse for two months. After the two months expired, Plaintiff sued Capitol Homes and James Hurst ("Hurst")(collectively referred to as "Defendants"). Hurst had personally guaranteed the debt of Capitol Homes. Plaintiff alleged, among other things, that Capitol Homes had breached several of the express warranties. Defendants filed a motion to dismiss claiming the two month limited recourse provision also applied to any claim for breach of express warranty. The Trial Court agreed, and dismissed the lawsuit. Plaintiff appeals, and we reverse. http://www.tba.org/tba_files/TCA/21stmortgage1.wpd
21st MORTGAGE CORP. , formerly 21st CENTURY MORTGAGE CORP. v. CAPITOL HOMES, LLC Court:TCA Attorneys: Anthony R. Steele, Knoxville, Tennessee, for the Appellant 21st Mortgage Corp., formerly 21st Century Mortgage Corp. Gary L. Edwards, Johnson City, Tennessee, for the Appellee Capitol Homes, LLC. Judge: SWINEY First Paragraph: This appeal involves the identical issue presented to this Court for resolution in a companion case styled 21st Mortgage Corp., formerly 21st Century Mortgage Corp. v. Capitol Homes, LLC., No. E2002-02670-COA-R3-CV, in which our full Opinion is being filed contemporaneously with this Opinion. For the reasons set forth in our Opinion in that companion case, the Judgment of the Trial Court is reversed and this case is remanded. http://www.tba.org/tba_files/TCA/21stmortgage2.wpd
THE OCEANICS SCHOOLS, INC. v. CLIFFORD E. BARBOUR, JR. OPINION AND ORDER ON PETITION FOR REHEARING http://www.tba.org/tba_files/TCA/oceanicsschools2.wpd
STATE OF TENNESSEE v. WENDELL CLARKE CHAMBERS Court:TCCA Attorneys: Jerry C. Colley, Columbia, Tennessee, for the appellant, Wendell Clarke Chambers. Paul G. Summers, Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; Dan M. Alsobrooks, District Attorney General; and Carey J. Thompson, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: Following a jury trial, the defendant was found guilty of first degree premeditated murder and reckless homicide. The reckless homicide conviction was merged with the murder conviction and the defendant was sentenced to life imprisonment. The defendant appeals, arguing that the evidence was insufficient to support his conviction and that the trial court erred in overruling his motions for judgment of acquittal and in allowing a videotape and photograph of the crime scene into evidence. Finding no error, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/chamberswendellc.wpd
STATE OF TENNESSEE v. DAVID WAYNE FOUNTAIN Court:TCCA Attorneys: Larry G. Roddy, Sale Creek, Tennessee, for the Appellant, David Wayne Fountain. Paul G. Summers, Attorney General and Reporter; Angele M. Gregory, Assistant Attorney General; James Michael Taylor, District Attorney General; and James W. Pope, III, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WITT First Paragraph: David Wayne Fountain, who pleaded guilty to Class E felony attempted theft, appeals from the Rhea County Circuit Court's determination that he serve a two-year, split-confinement sentence for his crime. He claims that he should have received a minimum, one-year probationary sentence. We disagree and affirm the lower court's sentencing pronouncement. However, we modify the sentence imposed to the extent that it mandates day-for-day confinement. http://www.tba.org/tba_files/TCCA/fountaindavidwayne.wpd
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