Update your contact information!
Now you can let the TBA know of your new contact information over the
web. Just follow the link below and we'll update your record in our
database.

Today's Opinions: January 25, 2005
Volume 11 — Number 015
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.
00 New Opinion(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
01 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
02 New Opinion(s) from the Tennessee Court of Appeals
01 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

TBA members can get the full-text versions of these opinions three ways detailed below. All methods require a TBA username and password. If you have forgotten your password or need to obtain a password, you can look it up on-line at http://www.tba.org/getpassword.mgi.

Here's how you can obtain full-text version. We recommend you download the Opinions to your computer and then open them from there. • Click the URL at end of each Opinion paragraph below. This should give you the option to download the original document. If not, you may need to right-click on the URL to get the option to save the file to your computer. • Do a key word search in the Search Link area of TBALink. This option will allow you to view and save a plain-text version of the opinion. • Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion.

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


SUPREME COURT OF TENNESSEE
SUPREME COURT DISCRETIONARY APPEALS

Court:TSC - Rules

http://www.tba.org/tba_files/TSC_Rules/certlist_012405.wpd

HCA, INC. v. AMERICAN PROTECTION INSURANCE COMPANY & INDUSTRIAL RISK
INSURERS, ET AL.
WITH CONCURRING OPINION

Court:TCA

Attorneys:                          

H. Lee Barfield, L. Wearen Hughes and Tara L. Swafford, Nashville,
Tennessee, for the appellant, HCA, Inc.

Michael G. Zanic, Peter N. Flocos, Pittsburgh, Pennsylvania, Of
Counsel.

Rebecca Levy-Sachs, Sarasota, Florida, and Andree Sophia Blumstein,
Nashville, Tennessee, for the appellees, American Protection Insurance
Company and Industrial Risk Insurers, et al.

Patricia Head Moskal, Nashville, Tennessee, and Anthony J. Russo,
Tampa, Florida, for the appellee, Winterthur.

Judge: CAIN

First Paragraph:

HCA, Inc. appeals the action of the trial court in granting summary
judgment to the insurer/ defendants based upon an "inventory
exclusion" provision in the policies of insurance.  We reverse the
action of the trial court and remand the case for further proceedings.

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

CONCURRING OPINION
http://www.tba.org/tba_files/TCA/hcainc_con.wpd

STATE  EX REL. RUTH TRIVETT, ET AL. v. CITY OF McMINNVILLE

Court:TCA

Attorneys:                          

Amy V. Hollars, Livingston, Tennessee, George A. Burke, Sr., and
Richard A. Dorris, McMinnville, Tennessee, for the appellants, Ruth
Trivett, Joe T. Boyd, William S. and Kristie B. Rogers, and Dow A.
Hayes and Bertha L. Hayes.

Michael D. Galligan and Susan N. Marttala, McMinnville, Tennessee, for
the appellee, City of McMinnville.

Judge: CLEMENT

First Paragraph:

Landowners in three areas annexed by the City of McMinnville filed
three separate quo warranto actions contesting annexation pursuant to
Tenn. Code Ann. S 6-51-101 et seq.  The landowners also petitioned
Warren County to contest the proposed annexation pursuant to Tenn.
Code Ann. S 6-58-108.  The County approved the landowners' petitions
and filed three additional actions to contest annexation.  The trial
court dismissed the county's three actions as time barred because they
were filed more than 90 days after passage of the ordinances.  The
trial court also dismissed the landowners' quo warranto actions, filed
pursuant to Tenn. Code Ann. S 6-51-103, based upon a finding that two
statutory schemes for annexation were mutually exclusive and that the
landowners waived their right to file their own actions when they
petitioned the county to represent their interests pursuant to Tenn.
Code Ann. S 6-58-108.  The landowners appeal dismissal of their
actions.  We find that the two statutory schemes for annexation are
not mutually exclusive, the landowners have a right to contest
annexation independent from that of the county, and the period of
limitations for the landowners to file actions to contest annexation
was 90 days.  Thus, we vacate the order dismissing the landowners'
actions and remand for further proceedings.

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

MICHAEL DWAYNE CARTER v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

J. Liddell Kirk, Knoxville, Tennessee, for the appellant, Michael
Dwayne Carter.

Paul G. Summers, Attorney General & Reporter; Brent C. Cherry,
Assistant Attorney General; and Randall E. Nichols, District Attorney
General, for the appellee, State of Tennessee.

Judge: SMITH

First Paragraph:

The petitioner, Michael Dwayne Carter, pled guilty in May of 2002 to
two counts of forgery, one count of felony theft, two counts of
misdemeanor theft, one count of misdemeanor evading arrest and one
count of burglary of a vehicle in exchange for an effective sentence
of six years and acceptance into a "Drug Court" program.  The trial
court set a sentencing date.  Prior to sentencing, the petitioner was
charged with several other offenses.  In October of 2002, the
petitioner appeared for sentencing on the previous guilty pleas and
entered guilty pleas on four additional counts of forgery.  By
agreement, the petitioner's sentences on the subsequent offenses were
considered with the prior offenses, resulting in an effective ten-year
sentence for all of the charged offenses.  The petitioner subsequently
filed a petition for post-conviction relief alleging ineffective
assistance of counsel.  The trial court denied the petition.  For the
following reasons, we affirm the judgment of the trial court.

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

PLEASE FORWARD THIS E-MAIL!
Feel free to forward this Opinion Flash on to anyone you know of with an e-mail address.

GET A FULL-TEXT COPY OF AN OPINION!
See the intrsuctions at the beginning of this edition of Opinion Flash.

JOIN THE TENNESSEE BAR ASSOCIATION!
While Opinion Flash is a free service of the Tennessee Bar Association, you must be a member of the Tennessee Bar Association in order to access the full text of the opinions or enjoy the many other features of TBALink.

To join the TBA go to: http://www.tba.org/join_bar.mgi

SUBSCRIBE TO OPINION FLASH!
Would you like to receive the TBALink Opinion Flash free each day by e-mail? Anyone, whether a TBA member or not, is welcome to subscribe ... it's free! Sign up for text or HTML version.

Visit the TBALink web site at: http://www.tba.org/op-flash.mgi

UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT!
But if you must, visit the TBALink web site at: http://www.tba.org/op-flash.mgi

TBALink HomeContact UsPageFinderWhat's NewHelp

© Copyright 2005 Tennessee Bar Association