Opinion Flash

August 5, 2004
Volume 10 — Number 150

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
02 New Opinion(s) from the Tennessee Court of Appeals
00 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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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink


GWINN FAYNE, ET AL. v. TERESA VINCENT, ET AL.

Court:TCA

Attorneys:                          

Michael A. Anderson, Chattanooga, Tennessee, attorney for appellants,
Gwinn Fayne and Alfred Fayne.

D. Mitchell Bryant, Cleveland, Tennessee, attorney for appellees,
Teresa Vincent and David Vincent.

David P. Hawley, Chattanooga, Tennessee, attorney for appellee, Re/Max
Real Estate Professionals.

Judge: CATE

First Paragraph:

Purchasers of real property sued sellers and real estate company
seeking rescission for tortious misrepresentation and violation of the
Tennessee Consumer Protection Act.  The trial court rescinded the
transaction and dismissed the real estate company on the basis that
the salesperson was an independent contractor.  Purchasers appealed
asserting: (1) the salesperson was an agent rather than independent
contractor; (2) the trial court did not place the purchasers in the
position in which they would have been since the transaction was
rescinded; and (3) the purchasers should have been awarded their
attorney's fees.  We agree with the trial court that the salesperson
was an independent contractor, but modify and remand for further
proceeding (1) relative to placing the parties in the position in
which they would have been had there been no transaction and (2)
concerning the allowance of purchasers' attorney's fees.

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

JON E. SHELL, ET AL. v. D. SCOTT KING

Court:TCA

Attorneys:                          

Charles W. Kite, Sevierville, Tennessee, for the Appellant D. Scott
King.

James H. Ripley, Sevierville, Tennessee, for the Appellees Jon E.
Shell and Rebecca Shell.

Judge: SWINEY

First Paragraph:

Jon and Rebecca Shell ("Plaintiffs") sued D. Scott King ("King") after
a limited liability company formed by the three of them went out of
business.  Plaintiffs sought dissolution of the company known as The
Big Red Barn, LLC ("the Company" or "the LLC").  Plaintiffs also
claimed King had breached his fiduciary obligations to both them and
the LLC.  The Trial Court referred this case to a Special Master and
after a trial, the Special Master issued a Report concluding King was
negligent and had breached his fiduciary obligations and recommending
that Plaintiffs be awarded a judgment which included some, but not
all, of Plaintiffs' attorney fees and expert witness fees.  The Trial
Court confirmed the Report of the Special Master in all respects.  We
modify the judgment of the Trial Court and affirm as modified.

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

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