Opinion Flash

February 03, 2004
Volume 10 — Number 022

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):
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
04 New Opinion(s) from the Tennessee Court of Appeals
03 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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Click the URL at end of each Opinion paragraph below. This option will allow you to download the original document.

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


STATE OF TENNESSEE, DEPARTMENT OF CHILDREN'S SERVICES v. BARBARA
MICHELLE DAVIDSON, ET AL.

Court:TCA

Attorneys:                          

Robert Steven Randolph, Cookeville, Tennessee, for the appellant,
Barbara Michelle Davidson.

Eddie Davidson, Lakeside, Michigan, Pro Se.

Sharon Patricia Data, Guardian Ad Litem, Sparta, Tennessee, Pro Se.

Paul G. Summers, Attorney General & Reporter; Juan G. Villasenor,
Assistant Attorney General; Anne Austin, Cookeville, Tennessee, for
the appellee, Tennessee Department of Children's Services.

Judge: CAIN

First Paragraph:

The Juvenile Court of White County terminated the parental rights of
the natural parents of two young girls.  The Father suffered judgment
by default and did not appeal.  Parental rights of the Mother were
terminated after trial on the merits and she appeals.  We affirm the
judgment of the trial court.

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

ALLEN W. HUGHES v. TENNESSEE BOARD OF PAROLES

Court:TCA

Attorneys:                          

Allen W. Hughes, Nashville, Tennessee, Pro Se.

Paul G. Summers, Attorney General and Reporter; Michael E. Moore,
Solicitor General; Mark A. Hudson, Senior Counsel, for the appellee,
Tennessee Board of Paroles.

Judge: COTTRELL

First Paragraph:

The appellant filed a petition for common law writ of certiorari
seeking judicial review of a decision of the Board of Paroles to deny
him parole.  The trial court dismissed the petition as untimely filed.
 We affirm.

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

MURFREESBORO MEDICAL CLINIC, P.A. v. DAVID UDOM

Court:TCA

Attorneys:                          

Douglas B. Janney, III, Nashville, Tennessee, for the appellant, David
Udom.

Josh A. McCreary, Murfreesboro, Tennessee, for the appellee,
Murfreesboro Medical Clinic, P.A.

Judge: FARMER

First Paragraph:

This case involves the enforcement of a non-compete agreement. 
Plaintiff filed suit to enjoin Defendant from practicing medicine in
violation of a covenant not to compete entered into by the parties. 
The trial court granted Plaintiff's application for a temporary
injunction from which Defendant sought this interlocutory appeal.  We
reverse in part, affirm in part, and remand.

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

TPC FACILITY DELIVERY GROUP, LLC v. DR. JAMES H. LINDSEY, JR., et al.

Court:TCA

Attorneys:                          

Don L. Smith and S. Joseph Welborn, Nashville, Tennessee, for the
appellant, TPC Facility Delivery Group, LLC.

Jerry Scott and John Kea, Murfreesboro, Tennessee, for the appellees,
Dr. James H. Lindsay, Jr., Dr. Ralph M. Bard, Dr. Dinesh K. Gupta, Dr.
David L. Stockton, Edwin Whitehouse, Data Control, L.L.C., and PAMOB,
L.L.C.

L. Wearen Hughes, Nashville, Tennessee, for the appellees, Dr. Gary
Stevens, Dr. Martin J. Fiala, Dr. David L. Stockton, and Dr. Ken
Takegami.

Dudley M. West, Nashville, Tennessee, for the appellee, Dr. Wilburn E.
George.

Judge: ASH

First Paragraph:

On May 5, 1999, TPC Facility Delivery Group, LLC entered into a
Preliminary Design- Build Agreement with defendant PAMOB, LLC in
connection with the construction of a proposed medical office building
in Tullahoma, Tennessee.  TPC was to provide architectural,
engineering, and general contracting services under this agreement. 
The initial contract provided for an additional agreement to be
entered into by the parties if the owner elected to proceed with the
project beyond the Preliminary Design-Build services.  On December 18,
2001, TPC filed suit in Williamson County Chancery Court claiming it
performed additional services to PAMOB beyond those designated in the
Preliminary Agreement all of which were allegedly authorized by
various defendants.  For these additional services, TPC submitted
bills to PAMOB which were never paid.  In response to the complaint,
the defendants filed separate motions to dismiss on the grounds of
improper venue.  On May 6, 2002, the trial court heard oral arguments
from all counsel and found the motion to dismiss should be granted. 
On July 19, 2002, the trial court entered its Order of Dismissal
dismissing TPC's complaint on the grounds of improper venue.  Notice
of this appeal soon followed.  For the reasons set forth below, the
order of the trial court dismissing the complaint for improper venue
is affirmed.

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

STATE OF TENNESSEE v. RICHARD ROBINSON

Court:TCCA

Attorneys:                          

Donald E. Spurrell, Johnson City, Tennessee, for the appellant,
Richard Robinson.

Paul G. Summers, Attorney General and Reporter; Braden H. Boucek,
Assistant Attorney General; H. Greeley Wells, Jr., District Attorney
General; and William B. Harper, Assistant District Attorney General,
for the appellee, State of Tennessee.

Judge: RILEY

First Paragraph:

The defendant, pharmacist Richard Robinson, pled guilty to five counts
of the unlawful disbursement of a controlled substance.  The Sullivan
County Criminal Court imposed an effective sentence of four years
probation.  On appeal, the defendant contends (1) the trial court
erred in denying judicial diversion, and (2) the trial court
improperly restricted his employment as a pharmacist as a condition of
probation.  Upon review of the record and the applicable law, we
affirm the trial court's denial of judicial diversion but vacate the
trial court's imposition of the probationary condition.

http://www.tba.org/tba_files/TCCA/robinsonrichard.wpd

JACK JAY SHUTTLE v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Wade V. Davies, Knoxville, Tennessee (on appeal), and Gene G. Scott,
Jr., Johnson City, Tennessee (at hearing), for the appellant, Jack Jay
Shuttle.

Michael E. Moore, Solicitor General; David H. Findley, Assistant
Attorney General; H. Greeley Wells, Jr., District Attorney General;
and Barry P. Staubus, Assistant District Attorney General, for the
appellee, State of Tennessee.

Judge: RILEY

First Paragraph:

The petitioner, Jack Jay Shuttle, appeals the Sullivan County
post-conviction court's denial of his petition to compel testing of
evidence pursuant to the Post-Conviction DNA Analysis Act.  Upon
review of the record and the applicable law, we reverse the judgment
of the post-conviction court

http://www.tba.org/tba_files/TCCA/shuttlejack.wpd

STATE OF TENNESSEE v. FLOYD "BUTCH" WEBB
WITH CONCURRING OPINION

Court:TCCA

Attorneys:                          

B. Jeffery Harmon, Jasper, Tennessee, for the appellant, Floyd "Butch"
Webb.

Paul G. Summers, Attorney General and Reporter; Renee W. Turner,
Assistant Attorney General; J. Michael Taylor, District Attorney
General; and Will Dunn, Assistant District Attorney General, for the
appellee, State of Tennessee.

Judge: OGLE

First Paragraph:

The appellant, Floyd "Butch" Webb, was convicted by a Rhea County jury
of one count of aggravated sexual battery, a Class B felony; two
counts of sexual battery, Class E felonies; and four counts of child
abuse, Class A misdemeanors.  Following a sentencing hearing, the
trial court imposed a total effective sentence of twelve years to be
served in the Tennessee Department of Correction.  On appeal, the
appellant contends that (1) the trial court erred by admitting
evidence of a fresh complaint by a child victim; (2) the trial court
erred by allowing a witness to testify about medical records of which
she was not the custodian; and (3) the sentence imposed by the trial
court was excessive.  Upon review of the record and the parties'
briefs, we affirm the judgments of the trial court

http://www.tba.org/tba_files/TCCA/webbfloydb_opn.wpd

CONCURRING OPINION
http://www.tba.org/tba_files/TCCA/webbfloydb_con.wpd

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