Opinion FlashFebruary 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):
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Howard H. Vogel
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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