September 26, 2001 Volume 7 — Number 177 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 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. Howard H. Vogel Knoxville, Tennessee Editor-in-Chief, TBALink DEBORAH STINNETT DAVIS v. JERRY CLINT DAVIS Court:TCA Attorneys: Leslie D. McWilliams, Chattanooga, Tennessee, for the Appellant, Deborah Stinnett Davis. Sherry B. Paty, Chattanooga, Tennessee, for the Appellee, Jerry Clint Davis. Judge: GODDARD First Paragraph: This appeal from the Hamilton County Circuit Court questions whether the Trial Court erred in failing to approve Ms. Davis's Statement of the Evidence, in retroactively modifying child support, in determining the amount of Mr. Davis's mortgage obligation to Ms. Davis, and in determining the amount of attorney's fees Mr. Davis was ordered to pay Ms. Davis. We affirm the judgment of the Trial Court as modified and remand with directions. http://www.tba.org/tba_files/TCA/davisdeb.wpd STATE OF TENNESSEE, DEPARTMENT OF CHILDREN'S SERVICES v. D.R., et al. IN THE MATTER OF: C.R.R., D.R.R. and S.J.R. Court:TCA Attorneys: Sandra E. Myatt, Maryville, Tennessee, for the Appellant, D.R., and Richard L. Gann, II, Sevierville, Tennessee, for the Appellant, L.M.R. Paul G. Summers and Douglas Earl Dimond, Nashville, Tennessee, for the Appellee, State of Tennessee, Department of Children's Services. Judge: SWINEY First Paragraph: These parents of three minor children ("Children") were arrested in April 1998, while the Children were with them, for possession of a firearm, drug possession, and public intoxication. The State of Tennessee, Department of Children's Services ("DCS"), filed a Petition for Temporary Custody of the Children which was granted. Thereafter, DCS entered Plans of Care with the Juvenile Court with which the parents, D.R. ("Mother") and L.M.R. ("Father"), had agreed. The Children remained in foster care for eighteen months during which time the parents were to work toward completing the goals set forth in the Plans of Care so they could be reunited with the Children. In August 1999, DCS filed a Petition to Terminate Parental Rights. The Juvenile Court Referee heard this petition in October 1999, and granted it. The Juvenile Court Referee's Termination of Parental Rights and Final Decree of Guardianship was entered in April 2000 and confirmed by the Juvenile Court Judge in June 2001. Both Mother and Father appeal. We affirm. http://www.tba.org/tba_files/TCA/dr.wpd JERRY ALLEN GRACE, et al. v. MOUNTAIN STATES HEALTH ALLIANCE, d/b/a/ JOHNSON CITY MEDICAL CENTER HOSPITAL, et al. Court:TCA Attorneys: Bob McD Green, Johnson City, Tennessee, for the Appellants, Jerry Allen Grace and wife, Wanda Grace M. Stanley Givens and Frank H. Anderson, Jr., Johnson City, Tennessee, for the Appellee, Mountain States Health Alliance, d/b/a Johnson City Medical Center Hospital Jeffrey M. Ward, Greeneville, Tennessee, for the Appellee, Rachel Monderer, M.D. Richard M. Currie, Jr., Kingsport, Tennessee, for the Appellee, Claude C. Haws, M.D. Charles T. Herndon, Johnson City, Tennessee, for the Appellee, Steven C. Hamel, M.D. Jimmie C. Miller, Kingsport, Tennessee, for the Appellee, Kenneth Turner, M.D. Judge: GODDARD First Paragraph: In this medical malpractice suit the Trial Court granted a summary judgment in favor of Mountain States Health Alliance, d/b/a/ Johnson City Medical Center Hospital and five Doctors. The Trial Court overruled the Plaintiffs' motion to alter or amend his determination that all Defendants were entitled to summary judgment. As to the Doctors, the determination was predicated upon the motion to alter or amend not being timely filed, and as to the Medical Center on the grounds that the delay in submitting materials accompanying the motion to alter or amend was not justified. We affirm. http://www.tba.org/tba_files/TCA/gracejerry.wpd SANDI C. HUBBARD v. MYRON L. HUBBARD Court:TCA Attorneys: Martha Meares and Gretchen S. Johnson, Maryville, Tennessee, for Appellant, Sandi C. Hubbard. David M. Boyd, Maryville, Tennessee, for Appellee, Myron L. Hubbard. Judge: FRANKS First Paragraph: The Trial Court granted appellee Judgement before the 30 days to answer process provided in the Rules of Civil Procedure had expired. On appeal, we vacate and remand. http://www.tba.org/tba_files/TCA/hubbardm.wpd BARBARA LEMONE KORTHOFF v. HERBERT WILLIAM KORTHOFF, et al. Court:TCA Attorneys: Kay F. Turner and David Wade, Memphis, Tennessee, for the appellant, Herbert W. Korthoff. Larry Rice, Memphis, Tennessee, for the appellee, Barbara Lemone Korthoff. Judge: FARMER First Paragraph: In this pending divorce action, the trial court ordered Husband to transfer $300,000.00 to Wife as a partial distribution of the marital estate. Husband filed an application for extraordinary appeal pursuant to Rule 10 Tenn. R. App. P. which this Court granted. Husband contends that the trial court is without authority to make a partial distribution of marital funds during the pendency of the divorce action. Furthermore, if the court had such authority, it could not do so absent an evidentiary hearing to determine whether the property was marital or separate. The application was granted and the order of the trial court reversed. http://www.tba.org/tba_files/TCA/korthoffbarbaral.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! 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