October 12, 1999
Volume 5 -- Number 142

What follows is the case style or name, first paragraph, author's name, and the names of attorneys for the parties of each opinion released eletronically today to TBALink from Tennessee's three appellate courts.

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
03 New Opinion(s) from the Tennessee Court of Appeals
00 New Opinion(s) from the Tennessee Court of Criminal Appeals
00 New Judicial Ethics Opinion(s)
00 New Formal Ethics Opinion(s) from the Board of Professional Responsibility
 

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Lucian T. Pera
Editor-in-Chief, TBALink


NANCY B. DURR
VS.
MICHAEL BUERGER

Court:TCA

Attorneys:                          
Jay S. Bowen and Gregory S. Reynolds
Bowen Riley Warnock & Jacobson of Nashville
For Appellant

James G. Martin, III
Farris, Warfield & Kanaday of Nashville
and
John P. Branham and Kathryn E. Barnett
Branham & Day of Nashville
For Appellee

Judge:CRAWFORD

First Paragraph:

Plaintiff/Appellant, Nancy B. Durr, appeals the order of the trial
court dismissing her complaint against Defendant/Appellee, Michael
Buerger.  The trial court sua sponte dismissed the complaint on the
basis of unclean hands.

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






STATE OF TENNESSEE
VS.
CARA MILLS SCHMITZ

Court:TCA

Attorneys:                          
For the Plaintiff/Appellee:     For the Defendant/Appellant:        

Paul G. Summers                 John T. Conners, III
Kim R. Helper                   Franklin, Tennessee
Nashville, Tennessee 

Judge:LILLARD

First Paragraph:

This is a juvenile delinquency action.  The defendant's probation
officer sought an order of contempt for the defendant's failure to pay
restitution and clerk's fees.  The defendant turned nineteen years old
before the petition was filed.  The juvenile court found the defendant
in contempt.  We find that the juvenile court lacked jurisdiction over
the defendant and vacate the contempt order.

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






DANIEL L. SINCLAIR
VS.
STATE OF TENNESSEE

Court:TCA

Attorneys:                          
For the Plaintiff/Appellant:    For the Defendant/Appellee:     

William Kennerly Burger         Paul G. Summers       
Murfreesboro, Tennessee         Michael E. Moore
                                Meredith Devault
                                Nashville, Tennessee 
                                
Judge:LILLARD

First Paragraph:

This case involves a claim against the State of Tennessee under
Tennessee's whistleblower statute.  The Claims Commission found that
it lacked subject matter jurisdiction and dismissed the plaintiff's
complaint.  We affirm.

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

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