October 10, 2000 Volume 6 -- Number 164 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. 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 06 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   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. Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion. Click the URL at end of each Opinion paragraph below. This option will allow you to download the original document. Lucian T. Pera Editor-in-Chief, TBALink CHARLOTTE ALICE ALLEN v. JAMES DOUGLAS ALLEN Court:TCA Attorneys: Troy L. Brooks, Clarksville, For Appellant, James Douglas Allen Gregory D. Smith, Clarksville, For Appellee, Charlotte Alice Allen Judge: CRAWFORD First Paragraph: In this divorce case, Husband appeals the trial court's decree as it deals with the division of the marital property (including an award to Wife a part of military retirement), alimony, and child support. We affirm as modified. http://www.tba.org/tba_files/TCA/allencha.wpd ROBERT LELAND BRYANT, et al. v. JAMES ASHLEY BRYANT Court:TCA Attorneys: Robert L. Jackson, Larry Hayes, Jr., Nashville, For Appellant, James Ashley Bryant Wende J. Rutherford, Paul A. Rutherford, Nashville, For Appellees, Robert Leland Bryant, Linda Kay Wolfson Bryant Judge: CRAWFORD First Paragraph: Petitioners filed a petition to terminate the parental rights of the biological father and for adoption of two minor children based on abandonment by the father. On the first appeal, this Court reversed the trial court's order denying termination of parental rights and remanded the case for the trial court to determine whether the termination of parental rights is in the best interest of the children. The trial court found that termination of parental rights is in the best interest of the children and granted the adoption. Father has appealed. http://www.tba.org/tba_files/TCA/bryantrob.wpd CHRISTA L. KEETON v. ARLYN HILL, et al. Court:TCA Attorneys: Leslie A. Bruce and J. Todd Faulkner, Nashville, Tennessee for the appellant, Christa L. Keeton. Douglas R. Pierce and James A. Crumlin, Jr., Nashville Tennessee, for the appellees, Arlyn Hill, Tom Chinander, and Cook's Pest Control. Judge: COTTRELL First Paragraph: Plaintiff, a former employee, appeals from the trial court's grant of summary judgment to her former employer on her sexual harassment claim. Because the employer successfully demonstrated the elements required to establish the affirmative defense for employers recognized in Parker v. Warren County Util. Dist., 2 S.W.3d 170, 175-76 (Tenn. 1999), we affirm the trial court. http://www.tba.org/tba_files/TCA/keetonc.wpd JUNE YATES MERRITT v. AILEEN BIRON YATES, et al. Court:TCA Attorneys: Robert A. Anderson, Nashville, Tennessee, for the appellant Aileen Biron Yates. John J. Archer, Nashville, Tennessee, for the appellee June Yates Merritt. Judge: FARMER First Paragraph: This appeal involves a dispute between Plaintiff June Yates Merritt ("Ms. Merritt") and Defendants Aileen Biron Yates ("Mrs. Yates") and Claire Biron ("Mr. Biron") regarding the proper interpretation or construction of mutual wills executed in April of 1985 by Mrs. Yates and her husband Thomas Harry Yates ("Mr. Yates"), who was the father of Ms. Merritt. After the death of Mr. Yates in December of 1985, Mrs. Yates deeded certain real property to Mr. Biron, gifted certain personal property to Mr. Biron, and established a revocable trust using money received as a result of her husband's death. In an action filed by Ms. Merritt challenging these transactions, the trial court determined that there were no genuine issues of material fact and entered a judgment in favor of Ms. Merritt. Additionally, the court denied Ms. Merritt's motion for discretionary costs. Mrs. Yates appeals the court's order granting a judgment in favor of Ms. Merritt and Ms. Merritt appeals the court's ruling regarding her motion for discretionary costs. For the reasons set forth below, we affirm the ruling of the trial court. http://www.tba.org/tba_files/TCA/merrittjy.wpd REEVES-SAIN MEDICAL, INC., et al. v. BLUECROSS BLUESHIELD OF TENNESSEE, et al. Court:TCA Attorneys: Robert B. Littleton and David L. Johnson, Nashville, Tennessee, for the appellants BlueCross BlueShield of Tennessee and Volunteer State Health Plan, Inc., d/b/a BlueCare. Blakeley D. Matthews and Jay N. Chamness, Nashville, Tennessee, for the appellees, Reeves-Sain Medical, Inc., W. Shane Reeves, Pharm. D., and Tennessee Pharmacists Association. Judge: CANTRELL First Paragraph: A state statute, Tenn. Code Ann. S 56-7-2359, prevents a health insurance issuer from excluding any licensed pharmacy or pharmacist from its list of participating providers if the pharmacy or pharmacist agrees to the terms and conditions offered to other participating providers. The Chancery Court of Rutherford County held that the statute also required BlueCross BlueShield of Tennessee to include all licensed pharmacies or pharmacists in their list of home infusion therapy providers and that the only condition the insurer could impose was a pharmacist's license. We reverse the lower court's order and finding of contempt for a technical violation of the order. http://www.tba.org/tba_files/TCA/reevessain.wpd SNEZENA VONKROSIGK v. RHETT RANKIN, et al. Court:TCA Attorneys: John W. Rodgers, Murfreesboro, For Appellants, Rhett Rankin and Jennifer Rankin David Goad, Murfreesboro, For Appellee, Snezena Vonkrosigk Judge: CRAWFORD First Paragraph: Buyer in real estate sale contract contingent on obtaining the financing sued for return of earnest money after she failed to qualify for a loan to finance to purchase. The trial court found that buyer acted in good faith in attempting to secure financing and entered judgment for buyer. Sellers have appealed. http://www.tba.org/tba_files/TCA/vonkrosigksne.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 TBALink! 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