June 20, 2001 Volume 7 — Number 112 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 01 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court 08 New Opinion(s) from the Tennessee Court of Appeals 02 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. Howard H. Vogel Knoxville, Tennessee Editor-in-Chief, TBALink IN RE: ORDER ESTABLISHING PROVISIONAL RULE 37, RULES OF THE SUPREME COURT OF TENNESSEE WORKERS' COMPENSATION APPELLATE MEDIATION Court:TSC - Rules Judge: ANDERSON First Paragraph: In its continuing efforts to enhance the quality of justice for the citizens of the state of Tennessee, the Supreme Court established in 1998 a pilot program for mediating workers' compensation cases at the appellate level. The pilot program studied the procedures necessary to insure a more efficient and satisfactory resolution of those workers' compensation cases appealed to the Supreme Court under Tenn. Code Ann. SS 50-6-225(e)(3) through 50-6-225(e)(7). During the course of the pilot program, participating lawyers and mediators evaluated the processes of selection, referral, and mediation of those cases. This provisional rule is a response to the original pilot program and its evaluations and provides for the extension of the pilot program on a statewide basis. Accordingly, we establish this Provisional Rule 37, Rules of the Supreme Court of Tennessee. The Rule, as stated in the attached Exhibit A, envisions the use of mediation to make the resolution of workers' compensation appeals more efficient, economical, and fair. It is ORDERED that the rule set forth in attached Exhibit A be and is hereby adopted as Provisional Rule 37 of the Rules of the Supreme Court of Tennessee. http://www.tba.org/tba_files/TSC_Rules/rule37wcprov.wpd CATHY L. ALLEN v. JOHN FOX ALLEN, JR. Court:TCA Attorneys: S. Denise McCrary and Stephanie M. Micheel, Memphis, Tennessee, for the appellant, John Fox Allen, Jr. Mitchell D. Moskovitz and Adam N. Cohen, Memphis, Tennessee, for the appellee, Cathy Lackland Allen. Judge: FARMER First Paragraph: This appeal arises from a divorce action to end a fifteen year marriage. At the time of trial, Husband was forty-nine years old and Wife was forty-three years old and had been suffering from lupus for ten years. The trial court awarded Wife alimony in futuro, amounting to $1,300 per month which was to be increased to $1,800 per month after the latter of one year from entry of the final divorce decree or when the parties' son no longer resided with Wife. The trial court also awarded Wife her attorney's fees in the amount of $7,500. Husband appealed. We affirm. http://www.tba.org/tba_files/TCA/allencathyl.wpd IN RE: ESTATE OF PAUL ARTHUR BURNS, DECEASED Court:TCA Attorneys: Phillip G. Hollis, Camden, Tennessee, Guardian Ad Litem, for the appellant, Michael Paul Burns, a minor. Steven L. West, McKenzie, Tennessee, for the appellee, Gale Frappollo Brady. Judge: LILLARD First Paragraph: This is a claim against an estate. The trial court allowed a claim against the estate for $12,000 in past due child support, even though the claimant failed to file her claim within the period prescribed by the notice to creditors. The guardian ad litem for a minor beneficiary of the estate appeals. We hold that "actual notice" to creditors under Tennessee Code Annotated S 30-2-307 means notice (1) that the decedent has died, and (2) that the estate proceedings have commenced and the time period within which claims must be filed. The record in this case does not show when the claimant received such "actual notice." Consequently, we remand to the trial court for clarification of the record on this issue. http://www.tba.org/tba_files/TCA/burnspaestate.wpd JULIA BETH CREWS v. BUCKMAN LABORATORIES INTERNATIONAL, INC. Court:TCA Attorneys: Donald A. Donati, William B. Ryan, Memphis, For Appellant, Julia Beth Crews Frederick J. Lewis, Thomas L. Henderson, Whitney K. Fogerty, Memphis, For Appellee, Buckman Laboratories International, Inc. Judge: CRAWFORD First Paragraph: Plaintiff, attorney employed in legal department of corporation, sued the corporation for retaliatory discharge. Plaintiff alleges that she was discharged in retaliation for her reporting her superior, general counsel of the corporation, for the unauthorized practice of law, because her supervisor was unlicensed in the State of Tennessee. The trial court dismissed plaintiff's complaint pursuant to Tenn.R.Civ.P. 12.02(6) for failure to state a claim upon which relief can be granted. Plaintiff appeals. We affirm. http://www.tba.org/tba_files/TCA/crewsjul.wpd SHAWN PATRICK FARIEN v. REGINA CANTRELL FARIEN (McKINNISH) Court:TCA Attorneys: James D. Causey, David E. Caywood, Marc E. Reisman, Memphis, Tennessee, for the Plaintiff/Appellant, Shawn Patrick Farien. Melinda Plass Jewell, Cordova, Tennessee, for the Defendant/Appellee, Regina Cantrell Farien (McKinnish). Judge: LILLARD First Paragraph: This is a child custody case. The parties and their minor child lived in Tennessee with the father's parents. The mother moved to Georgia with the child to live with her parents. Custody was awarded to the mother, and the father was granted broad visitation rights. The father appeals. We affirm, finding that the custody award is based in large part on the trial court's determinations of credibility and assessment of the parties' demeanor, and finding that the evidence does not preponderate against the award of custody to the mother. http://www.tba.org/tba_files/TCA/farienshawn.wpd PAUL RANDALL HOLMES v. CHRISTY LYNN HOLMES Court:TCA Attorneys: Jesse H. Ford, III, Jackson, Tennessee, for the appellant, Christy Lynn Holmes. James F. Butler and Lisa A. Houston, Jackson, Tennessee, for the appellee, Paul Randall Holmes. Judge: FARMER First Paragraph: This is an appeal from a final decree of absolute divorce in which custody of the parties' minor son was given to the father for the school year and to the mother during the summer months when regular school is not in session. We affirm. http://www.tba.org/tba_files/TCA/holmespaul.wpd AUBREY DEON BRANCH LIGHTFORD v. ROBERT ALLEN LIGHTFORD Court:TCA Attorneys: Coleman W. Garrett, Memphis, For Appellant, Robert Allen Lightford Jeffrey Jones, Memphis, For Appellee, Aubrey Deon Branch Lightford Judge: CRAWFORD First Paragraph: Husband appeals final decree of divorce presenting issues pertaining to amount of child support and division of marital property. Husband did not file a transcript of the evidence, nor did he file a statement of the evidence. We affirm. http://www.tba.org/tba_files/TCA/lightfordaub.wpd IN THE MATTER OF: HANNAH GAYLE PARLOW Court:TCA Attorneys: William Bryan Penn, Memphis, For Appellant, Timothy F. Parlow Richard M. Murrell, Memphis, For Appellee, Eden Nicole Clifton Judge: CRAWFORD First Paragraph: After paternity was established and Mother was granted custody of minor daughter, Father filed petition to change custody on the ground of material change of circumstances consisting of Mother's remarriage to an allegedly violent man, and Mother's intention to move with the child out of the state. The juvenile referee denied the petition and, upon a de novo trial before a special juvenile judge of the juvenile court, Father's petition was denied. Father has appealed. We affirm. http://www.tba.org/tba_files/TCA/parlowhan.wpd ROBERT KEITH RICHARDSON v. DEBORAH ETTA RICHARDSON Court:TCA Attorneys: Michael D. Moskovitz; Adam N. Cohen, Memphis, For Appellant, Robert Keith Richardson Robert G. Millar, Dyersburg, For Appellee, Deborah Etta Richardson Judge: CRAWFORD First Paragraph: This is a post-divorce custody case. Father filed a petition for change of custody of the parties' minor children alleging material change of circumstances. After a nonjury trial, the trial court denied Father's petition, and Father appeals. We affirm. http://www.tba.org/tba_files/TCA/richardsonrob.wpd FARMER CONCURRING http://www.tba.org/tba_files/TCA/richardsonrobcon.wpd STATE OF TENNESSEE v. EARL T. JEFFERSON Court:TCCA Attorneys: A. C. Wharton, Jr., Shelby County Public Defender; Michael J. Johnson (at trial), Nelle W. Pallme (at trial), and Tony N. Brayton (on appeal), Assistant Public Defenders, Memphis, Tennessee, for the appellant, Earl T. Jefferson. Paul G. Summers, Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; William L. Gibbons, District Attorney General; and James M. Lammey, Jr., Assistant District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: The defendant was convicted by a Shelby County jury of premeditated first degree murder and sentenced to life imprisonment without the possibility of parole. In this appeal, the defendant challenges the admission of three alleged hearsay statements and the sufficiency of the evidence. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/jeffersonet.wpd SHAWN TOLLIVER v. STATE OF TENNESSEE Court:TCCA Attorneys: James V. Ball, Memphis, Tennessee, for the appellant, Shawn Tolliver. Paul G. Summers, Attorney General & Reporter; Laura E. McMullen, Assistant Attorney General; William L. Gibbons, District Attorney General; and Elaine Sanders, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: The petitioner appeals his denial of post-conviction relief and asserts that the post-conviction court incorrectly found that he received effective assistance of counsel and, thus, knowingly and voluntarily pled guilty. After review, we affirm the judgment of the post-conviction court. http://www.tba.org/tba_files/TCCA/tollivers.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! 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. To join, go to: http://www.tba.org/join.html/ SUBSCRIBE TO OPINION FLASH! 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