January 31, 2001 Volume 7 -- Number 020 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 05 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   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 CHARTER LAKESIDE BEHAVIORAL HEALTH SYSTEM v. TENNESSEE HEALTH FACILITIES COMMISSION, et al. Court:TCA Attorneys: William H. West, Nashville, Tennessee, for the appellant, Charter Lakeside Behavioral Health System. G. Ray Bratton, Memphis, Tennessee, for the appellee, Compass Intervention Center, LLC. Paul R. Summers, Attorney General and Reporter, and Michelle Hohnke Joss, Assistant Attorney General, for the appellee, Tennessee Health Facilities Commission. Judge: KOCH First Paragraph: This appeal involves a dispute arising out of the construction of a mental health treatment facility in Shelby County. As the facility neared completion, a corporation operating a competing facility filed a petition with the Tennessee Health Facilities Commission seeking a declaratory order that the new facility could not begin operating until it obtained a certificate of need. After the Commission declined to render a declaratory order, the competing corporation petitioned the Chancery Court for Davidson County for a declaratory judgment that the new facility could not begin operating without a certificate of need. The trial court initially dismissed the petition because of the competitor's delay in challenging the construction of the facility. After this court reversed and remanded the case for further consideration, the trial court remanded the case to the Commission to determine whether the new facility had been constructed before the certificate of need laws had been expanded to cover such facilities. On this appeal both the competing corporation and the Commission assert that the trial court erred by not rendering a declaratory judgment based on the existing administrative record. While this appeal was pending, the competing corporation sold its Shelby County facility to another corporation but retained its interest in this litigation. We have determined that this appeal no longer involves a justiciable issue because the competing corporation no longer operates a facility in Shelby County and, therefore, is not entitled to judicial relief. Accordingly, we vacate the judgment and remand the case to the trial court with directions to dismiss the petition for declaratory judgment. http://www.tba.org/tba_files/TCA/charterlakeside.wpd WAYFORD DEMONBREUN, JR. v. DENNIS J. HUGHES, et al. Court:TCA Attorneys: Wayford Demonbreun, Pro Se F. Michie Gibson, Jr., Pro Se Judge: CRAWFORD First Paragraph: Plaintiff, inmate acting pro se, sued two former attorneys alleging that after the first attorney was removed from his criminal case and ordered to refund part of the retainer fee paid, the second attorney was appointed to represent plaintiff. Subsequently, the second attorney, without authorization, compromised and settled plaintiff's claim against the first attorney and converted the proceeds of the settlement to his own use. The first attorney was never served with process, and the trial court granted summary judgment to the second attorney. Plaintiff has appealed. http://www.tba.org/tba_files/TCA/demonbreunway.wpd MARCIA KAY HACKETT v. ROY DAN HACKETT Court:TCA Attorneys: Nathaniel H. Koenig, Nashville, Tennessee, for the appellant, Marcia Kay Hackett. Mark Walker, Goodlettsville, Tennessee, for the appellee, Roy Dan Hackett. Judge: CAIN First Paragraph: This is a divorce case wherein Wife appeals from the distribution of marital property and seeks attorney's fees and costs on appeal. We affirm the action of the trial judge. http://www.tba.org/tba_files/TCA/hackettmarcia.wpd GEORGE LAWRENCE, JR., et al. v. V. LANE RAWLINS, et al. Court:TCA Attorneys: Paul G. Summers, Attorney General and Reporter; William J. Marett, Jr., Assistant Attorney General, for the appellants, Charles E. Smith, James A. Hefner, Roy S. Nicks, V. Lane Rawlins, James E. Walker, Arthur Lawson, East Tennessee State University, Middle Tennessee State University, Tennessee State University, and the University of Memphis. Michele D. Collins, Nashville, Tennessee, for the appellee, Theodore A. Black. David B. Lyons, Nashville, Tennessee, for the appellee, Joseph Perry. Larry D. Woods, Nashville, Tennessee, for the appellees, Melvin N. Cason, Julana Croy, George Lawrence, Jr., and Danny J. Leath. Judge: KOCH First Paragraph: These consolidated appeals involve a challenge to the policy of the educational institutions within the State University and Community College System to deny grievance hearings to non-tenured support personnel terminated for poor job performance. After their respective terminations, six employees of four educational institutions filed separate petitions for review or for a common-law writ of certiorari in the Chancery Court for Davidson County alleging that their employers had acted arbitrarily and illegally by terminating them without affording them a grievance hearing. Two chancellors held that Tenn. Code Ann. S 49-8-117 (1996) required the educational institutions to make grievance hearings available to non-tenured employees terminated for poor job performance and directed the institutions to provide the employees with hearings. We consolidated these appeals and now concur with the chancellors that these employees have a statutory right to a grievance hearing. http://www.tba.org/tba_files/TCA/lawrenceg.wpd LARRY SIMPSON v. DONAL CAMPBELL, COMMISSIONER et al. Court:TCA Attorneys: Larry Simpson, Nashville, Tennessee, Pro Se. Michael L. Haynie and Terri Leigh Bernal, Nashville, Tennessee, for the appellee, Donal Campbell. Judge: CAIN First Paragraph: Larry Simpson, a prison inmate, appeals the dismissal by the trial court of his Petition for Declaratory Judgment asserting that he was entitled to mandatory parole under former Tennessee Code Annotated Section 40-3614 and Tennessee Code Annotated Section 40-20-115. We affirm the trial court. http://www.tba.org/tba_files/TCA/simpsonlarry.wpd STATE OF TENNESSEE v. DONALD LYNN MILLER Court:TCCA Attorneys: Dail R. Cantrell, Clinton, Tennessee, for the Appellant, Donald Lynn Miller. Paul G. Summers, Attorney General and Reporter, Michael Moore, Solicitor General, Mark A. Fulks, Assistant Attorney General, Randall E. Nichols, District Attorney General, and Robert L. Jolley, Jr., Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: HAYES First Paragraph: Dail R. Cantrell, Clinton, Tennessee, for the Appellant, Donald Lynn Miller. Paul G. Summers, Attorney General and Reporter, Michael Moore, Solicitor General, Mark A. Fulks, Assistant Attorney General, Randall E. Nichols, District Attorney General, and Robert L. Jolley, Jr., Assistant District Attorney General, for the Appellee, State of Tennessee. http://www.tba.org/tba_files/TCCA/millerdl.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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