November 18, 1999 Volume 5 -- Number 159 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 05 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   There are three ways for TBALink members to get the full-text versions of these opinions from the Web: 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. *NEW* Browse the Opinion List area of TBALink. This option will allow you to download the original WordPerfect 6.0 version of the opinion. Click the URL at end of each Opinion paragraph below. This option will allow you to download the original WordPerfect 6.0 document. Lucian T. Pera Editor-in-Chief, TBALink KATHERINE DRESCHER COLE VS. RUSSELL TODD COLE Court:TCA Attorneys: ROBERT TODD JACKSON STEVEN B. MCCLOUD 222 SECOND AVENUE NORTH SUITE 419 NASHVILLE, TENNESSEE 37201 ATTORNEYS FOR DEFENDANT/APPELLANT GREGORY D. SMITH FARRIS, WARFIELD & KANADAY, PLC 424 CHURCH STREET SUITE 1900 NASHVILLE, TENNESSEE 37219 ATTORNEY FOR PLAINTIFF/APPELLEE Judge: COTTRELL First Paragraph: This case involves an appeal from the trial court's decision in a divorce which ended a six year marriage. Mr. Russell Todd Cole ("Husband") appeals the court's order of joint custody of the couple's two sons, ages five and two, with Ms. Katherine Drescher Cole ("Wife") as primary custodian. He also appeals the court assigning to him the mileage charges on the leased van and the credit card debt, the award of some property to Wife that he claims as his separate property, and the court's failure to assign him the 1998 tax deduction for one of the children. For the following reasons, we affirm. http://www.tba.org/tba_files/TCA/cole.wpd KENNETH DARON VS. DEPARTMENT OF CORRECTION and the TENNESSEE CIVIL SERVICE COMMISSION Court:TCA Attorneys: PAUL G. SUMMERS Attorney General and Reporter TRAVENIA A. HOLDEN 425 5th Avenue North Cordell Hull Building, Second Floor Nashville, Tennessee 37243-0490 ATTORNEYS FOR PLAINTIFF/APPELLEE JEFFREY RAPPUHN Willis & Knight 215 Second Avenue, North Nashville, Tennessee 37201 ATTORNEY FOR DEFENDANT/APPELLANT Judge: CAIN First Paragraph: The Department of Correction and the Tennessee Civil Service Commission appeal from the action of the Chancery Court of Davidson County in allowing attorney fees to Kenneth Daron in judicial review of the final order of the Civil Service Commission. http://www.tba.org/tba_files/TCA/daronk.wpd GINGER ASHLEY FERRELL VS. FRANKIE DEWAYNE FERRELL Court:TCA Attorneys: No Brief Filed By Respondent/Appellee Connie Reguli 353 Wimpole Drive Nashville, TN 37211 Attorney for Petitioner/Appellant Judge: GODDARD First Paragraph: This case concerns issues presented by the Father/Appellant, Frankie Dewayne Ferrell, in his petition to change custody of his two minor children from the Mother/Appellee, Ginger Ashley Ferrell. We note that although the Mother was represented by counsel at trial, she did not file a brief on appeal. http://www.tba.org/tba_files/TCA/ferrellgin.wpd JOSEPH LARRY KEASLER VS. SALENA D'ANN KEASLER SWAIN Court:TCA Attorneys: JAMES ROBIN McKINNEY, JR. One Washington Square, Suite 103 214 Second Avenue North Nashville, Tennessee 37201 ATTORNEY FOR PLAINTIFF/APPELLANT D. SCOTT PARSLEY Barrett, Johnston & Parsley 217 Second Avenue North Nashville, Tennessee 37201 ATTORNEY FOR DEFENDANT/APPELLEE Judge: CAIN First Paragraph: This is a post-divorce proceeding involving the custody of a six year old child. The trial court dismissed the Father's petition for a change of custody, awarded a child support arrearage judgment against the Father and assessed attorney fees against the Father. The Father now appeals the trial court's decision. While we affirm the court's award of child support arrearage, we reverse on the issues of custody and attorney fees. http://www.tba.org/tba_files/TCA/keaslerj.wpd ORLANDO RESIDENCE, LTD. VS. NASHVILLE LODGING COMPANY, NASHVILLE RESIDENCE CORP., and KENNETH E. NELSON, METRIC PARTNERS GROWTH SUITE INVESTORS, L.P. NASHVILLE LODGING COMPANY VS. ORLANDO RESIDENCE, LTD. Court:TCA Attorneys: For Orlando Residence, Ltd. : For Nashville Lodging Co., Nashville Residence Corp., Eugene N. Bulso, Jr. and Kenneth E. Nelson: Rebecca C. Blair Boult Cummings Conners & Berry Samuel L. Felker Nashville, Tennessee Joseph F. Welborn, III Bass Berry & Sims Nashville, Tennessee Judge: KOCH First Paragraph: The two cases consolidated on this appeal involve related proceedings in the Chancery Court for Davidson County stemming from a judgment creditor's efforts to collect a $250,000 federal court judgment. In the first case, the judgment creditor seeks to set aside the judgment debtor's sale of a piece of commercial property as a fraudulent conveyance. In the second case, filed after this court reversed a judgment for the judgment creditor in the first case, the purchaser of the commercial property from the judgment debtor seeks to recover possession of the property as well as all proceeds derived from the property while in the judgment creditor's possession. On this appeal, the judgment debtor and the purchaser of the property take issue with the trial court's refusal to dismiss the first suit for lack of standing or to set aside the intervening judicial sale of the property. The purchaser of the property also asserts that the trial court erred by dismissing its unjust enrichment claim against the judgment creditor in the second case. We affirm the trial court in the first case because the challenge to the sale of the property is now moot and because the law of the case doctrine prevents the judgment debtor and the purchaser of the property from challenging the judgment creditor's standing to pursue its fraudulent conveyance claim. We also dismiss the appeal in the second case based upon the parties' stipulation. http://www.tba.org/tba_files/TCA/Orlanres.wpd PLEASE FORWARD THIS EMAIL! 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! 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