TBALink Opinion-Flash

April 23, 1996 -- Volume #2 -- Number #40

Here is today's issue of TBALink Opinion-Flash. What follows is the document name, first paragraph and the names of the attorneys for the parties (If you know one of them you might want to give them a call, chances are they don't know about the opinion yet) of each electronic opinion/rules released TODAY from the three appellate courts and the TN Attorney General.

This Issue:: New Opinons From TSC : 5; New Opinons From TCA : 0; New Opinons From TCCA : 1; New Opinons From AG : Pending

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Click the URL Link at end of each Opinion Paragraph below. This option will allow you to download the original WP 6.0 document.

Jim Moore
TBALink Co-Chief Editor
Opinion-Flash

GENE V. AABY,v. JUDY E. AABY STRANGE
and DISSENTING OPINION

Court:TSC

For Plaintiff-Appellee:     For Defendant-Appellant:

George F. Legg              Sarah Y. Sheppeard
Becky H. Halsey             William A. Mynatt
Stone & Hinds, P.C.         Sheppeard & Swanson, P.C.
Knoxville, Tennessee        Knoxville, Tennessee
                       
First Paragraph:

In this child custody dispute, Judy E. Strange, the
custodial parent, appeals from the Court of Appeals
affirmance of the trial courts order denying her permission
to move out-of-state with her child. The sole issue for our
determination is whether the lower courts properly
interpreted the principles enunciated in Taylor  v. Taylor,
849 S.W.2d 319 (Tenn. 1993) in deciding this case.  For the
reasons set forth below, we conclude that the lower courts
did not do so; therefore, we reverse the judgment.

URL:http://www.tba.org/tba_files/TSC/AABY.OPN.WP6
URL:http://www.tba.org/tba_files/TSC/AABY.DIS.WP6


J. LEE DOUGLAS, D.D.S., v. STATE OF TENNESSEE,

Court:TSC

For Appellee:           For Appellant :             

Phillip W. Kendrick     Charles W. Burson
Kendrick & Kendrick     Attorney General & Reporter
Brentwood, Tennessee            
                        Michael E. Moore
                        Solicitor General

                        Michael W. Catalano
                        Associate Solicitor General

                        Sandra E. Keith
                        Assistant Attorney General
                        Nashville, Tennessee

First Paragraph:

In this case involving the commercial speech doctrines of
the First Amendment,  the Tennessee State Board of Dentistry
(Board) appeals from the Court of Appeals judgment vacating
the public reprimand issued by the Board to J. Lee Douglas,
a licensed dentist, for violation of the Boards advertising
rules.  This case presents the following issue: whether the
Board may require Douglas  - a general dentist who practices
orthodontics but is not specially certified as an
orthodontist -- to include in advertisements of his
orthodontics practice the disclaimer that he is performing
the services as a general dentist, when the Board has not
presented any evidence that the public has been harmed by
advertisements without the required disclaimer.  For the
reasons that follow, we reverse the judgment of the Court of
Appeals, and reinstate the public reprimand issued by the
Board.

URL:http://www.tba.org/tba_files/TSC/DOUGLASJ.OPN.WP6


STATE OF TENNESSEE, EX REL. ELAINE A. McREYNOLDS,

VASUDEV V. KULKARNI, M.D.,                          
v.                      
UNITED PHYSICIANS INSURANCE RISK RETENTION GROUP,

JEANNE BARNES BRYANT, RECEIVER FOR UNITED PHYSICIANS
INSURANCE,

Court:TSC

For Appellant:                  For Appellee:

Renard A. Hirsch, Sr.           C. J. Gideon, Jr.
Gary M. Kellar                  John T. Reese
Smith & Hirsch                  Gideon & Wiseman
Nashville                       Nashville
                        
First Paragraph:

This case presents for review the decision of the Court of
Appeals nullifying the deadline for reporting medical
incidents fixed by the receiver during the liquidation of an
insolvent insurance company.  This Court finds that the
receiver was authorized by statute to terminate coverage and
thereby reduce the time allowed for complying with the terms
of the policy regarding notice, and  that the Court of
Appeals erred in allowing the claim for which notice was
given subsequent to the date set.  The decision of the Court
of Appeals is reversed.

URL:http://www.tba.org/tba_files/TSC/MCREY.OPN.WP6


JON SAXTON NASH-PUTNAM AND SANDRA ELAINE NASH-PUTNAM,   
v.
LOU ANNE McCLOUD,       

Court:TSC

For Petitioners-Appellees:      For Defendant-Appellant:

Robert D. Tuke                  Gregory D. Smith
Tuke, Yopp & Sweeney            Willis & Knight
Nashville                       Nashville
                       
First Paragraph:

This case presents an appeal from the decision of the Court
of Appeals affirming a judgment terminating the parental
rights of the respondent-mother and decreeing the adoption
of the child by the petitioner-foster parents.  The record
supports that judgment.

URL:http://www.tba.org/tba_files/TSC/NASH-PUT.OPN.WP6


STATE OF TENNESSEE, v. TERRY LEE SHROPSHIRE,

Court:TCCA

For the Appellant:      For the Appellee

Aubrey L. Harper        Charles W. Burson
P.O. Box 55             Attorney General & Reporter
Altamount, TN 37301     450 James Robertson Parkway
                        Nashville, TN 37243-0493

                        Ruth A. Thompson
                        Asst. Attorney General
                        450 James Robertson Parkway
                        Nashville, TN 37243-0493

                        William H. Cox, III
                        District Attorney General

                        Thomas J. Evans
                        Asst. District AG       
                        600 Market Street Suite 310
                        Chattanooga, TN 37402
                        
First Paragraph:

The appellant, Terry Lee Shropshire, appeals from the denial
of post conviction relief.  He maintains that he was denied
his constitutional right to the effective assistance of
counsel at trial.  The issue was litigated before the
Hamilton County Criminal Court.  We find no error and affirm
the judgment.

URL:http://www.tba.org/tba_files/TCCA/SHROPSHR.OPN.WP6

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