April 19, 2001 Volume 7 — Number 072 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 07 New Opinion(s) from the Tennessee Court of Appeals 01 New Opinion(s) from the Tennessee Court of Criminal Appeals 02 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 In re: ESTATE OF CONSTANTINE ANAGNOST Court:TCA Attorneys: George Anagnost, Knoxville, Tennessee, Pro Se. Melinda Meador, Knoxville, Tennessee, for the appellee, Mrs. Virginia Anagnost, Personal Representative for the Estate of Constantine Anagnost. Judge: SUSANO First Paragraph: This litigation involves a claim against an estate. The claimant asserts that the decedent breached a contract which purportedly obligated the decedent to convey to the claimant a certain parcel of property upon the claimant's satisfaction of his contractual obligations. The estate moved for summary judgment, arguing that the issues relating to the existence of the purported contract had been decided adversely to the claimant in an earlier suit, thereby barring the present claim under the doctrine of res judicata. The trial court granted summary judgment to the estate, and the claimant now appeals, asserting that the prior judgment does not bar the instant claim. We affirm. http://www.tba.org/tba_files/TCA/anagnostc.wpd LORRIE JEAN BARNES v. RICHARD DARYL BARNES, JR. Court:TCA Attorneys: Michael L. Weinman, Henderson, For Appellant, Lorrie Jean Barnes Mary Jo Middlebrooks, Jackson, For appellee, Richard Daryl Barnes, Jr. Judge: CRAWFORD First Paragraph: Father filed a petition for change of custody of the parties' three minor children. After an evidentiary hearing, the trial court found that there had been a material change of circumstances and that a change of custody to Father was in the best interest of the children. Mother has appealed. We affirm. http://www.tba.org/tba_files/TCA/barneslor.wpd CYNTHIA LEE COPPAGE v. GRADY OTHER COPPAGE Court:TCA Attorneys: Alan R. Beard, Chattanooga, Tennessee, for the appellant, Grady Other Coppage. Richard A. Schulman and Brenda R. Grant, Chattanooga, Tennessee, for the appellee, Cynthia Lee Coppage. Judge: SUSANO First Paragraph: At issue in this divorce case is the trial court's valuation and division of two parcels of real property and the court's decree with respect to the parties' credit card debt. The husband appeals, arguing that the trial court erred (1) in its valuation and division of the two properties; and (2) in denying his post-trial motion to sell the two parcels and divide the proceeds equally. The wife asserts as an additional issue that the husband should be required to place in his sole name the credit card debt assigned to him by the trial court. We find and hold that the wife's request is a reasonable one, and, accordingly, modify the trial court's judgment so as to require the husband to convert the debt over into his name by no later than December 31, 2001. As modified, the judgment is affirmed. http://www.tba.org/tba_files/TCA/coppagecl.wpd WILLIAM EDWARD FANN v. ANNETTE OLA FANN Court:TCA Attorneys: Vicki H. Hoover, Paris, For Appellant, Annette Ola Fann Larry J. Logan, McKenzie, For Appellee, William Edward Fann Judge: CRAWFORD First Paragraph: Husband sued for divorce, alleging inappropriate marital conduct. Wife filed an answer and counter-complaint, but later dismissed the counter-complaint and chose to contest the divorce. Trial court granted divorce to husband. Wife appeals, alleging that the trial court abused its discretion in granting the divorce on grounds of inappropriate marital conduct without evidence to corroborate husband's allegations and that husband had failed to carry his burden of proving cruel and inhuman treatment. We affirm. http://www.tba.org/tba_files/TCA/fannwil.wpd LARGENT CONTRACTING, INC., et al. v. DEMENT CONSTRUCTION COMPANY, et al. Court:TCA Attorneys: Richard G. Rosser, Somerville, For Appellant, Largent Contracting, Inc. Darryl D. Gresham, Memphis, For Appellee, Dement Construction Company James A. Hopper, Savannah, For Appellee, T J & L Construction Company, Inc. James I. Pentecost, Jennifer K. Craig, Jackson, For Appellee, Fayette County, Tennessee Judge: CRAWFORD First Paragraph: Plaintiff-landowner sued county along with road contractor and subcontractor for damages allegedly sustained when the defendant stored a large amount of broken concrete on his land allegedly without his permission and for the defendant's failure to remove the concrete when told to do so. The trial court granted summary judgment to road contractor and the subcontractor, and granted partial summary judgment to the county. After a nonjury trial on the remaining issue as to the county, the trial court entered judgment for the county. Plaintiff appeals as to all three defendants. We reverse in part, affirm in part. http://www.tba.org/tba_files/TCA/largentcon.wpd CHUCK WALLACE, et al. v. BOB CHASE, et al. Court:TCA Attorneys: L. L. Harrell, Jr., Trenton, TN, for Appellants Robert T. Keeton, III, Huntingdon, TN, for Appellees Judge: HIGHERS First Paragraph: This appeal arises from a boundary line dispute between the Appellants and the Appellees. The Appellees filed a complaint with the Chancery Court of Carroll County against the Appellants. The Appellants filed a counter-complaint against the Appellees. Following a trial, the trial court reformed the deeds of the parties. The trial court moved the disputed corner of the properties twelve and one half feet due south of a PK nail in the roadway. The trial court also granted a permanent easement for an existing driveway to the Appellants. http://www.tba.org/tba_files/TCA/wallacechuck.wpd BRENDA LYNN WOODS v. HOWARD B. HAYDEN, et al. Court:TCA Attorneys: Brenda Lynn Woods, pro se Mark S. Norris, Nichole E. Soule', James L. Kirby, Robert Flynn, Leland McNabb, Memphis, for Appellees Judge: HIGHERS First Paragraph: The cases on appeal are three actions that were consolidated by Order of the court below. The Defendants in all cases are practicing attorneys. While Appellant's brief is difficult to follow and contains no citations to the record, it appears that she was dissatisfied with the outcome of two cases which were pending in the Chancery Courts of Shelby County, Tennessee. As a result, she sued the attorneys who worked on her behalf as well as her adversaries' counsel. http://www.tba.org/tba_files/TCA/woodsbrendalynn.wpd MARVIN MATTHEWS v. STATE OF TENNESSEE Court:TCCA Attorneys: Joseph S. Ozment, Memphis, Tennessee, for the appellant, Marvin Matthews. Paul G. Summers, Attorney General & Reporter; Michael E. Moore, Solicitor General; Kim R. Helper, Assistant Attorney General; and Rhea Clift, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The petitioner, Marvin Matthews, appeals the trial court's dismissal of his petition for post- conviction relief. Because the petition is barred by the statute of limitations, among other reasons, the judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/matthewsm.wpd Oaths for Telephone Depositions to be used in the Courts of Tennessee Date: April 16, 2001 Opinion Number: 01-059 http://www.tba.org/tba_files/AG/OP59.pdf Requiring Thumbprint in Pawnshop Transactions Date: April 17, 2001 Opinion Number: 01-060 http://www.tba.org/tba_files/AG/OP60.pdf 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! While Opinion Flash is a free service of the Tennessee Bar Association, you must be a subscriber to TBALink, the premier Web site for Tennessee attorneys, in order to access the full-text of the opinions or enjoy many other features of TBALink. TBA members may join TBALink for just $50 per year. 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