October 4, 2001 Volume 7 — Number 183 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 04 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 LOUIS A. BRUNSTING, III, M.D., et al. v. PHILLIP P. BROWN, M.D., et al. Court:TCA Attorneys: Clarence J. Gideon, Jr. and Thomas A. Wiseman, III, Nashville, Tennessee, for the appellants, Phillip P. Brown, M.D. and Ben R. Barton, M.D. William T. Ramsey and A. Scott Ross, Nashville, Tennessee, for the appellee, Louis A. Brunsting, III, M.D. Robert E. Parker and Garrett E. Asher, Nashville, Tennessee, for the appellee, J. Scott Rankin, M.D. Judge: INMAN First Paragraph: Four physicians formed a PLLC. Eventually personal and professional conflicts arose. Various claims were asserted that Drs. Brown and Barton had violated the Operating Agreement of the PLLC; Dr. Brunsting sought declaratory relief, and monetary damages for breaches of contract and fiduciary duty; Dr. Rankin alleged that Drs. Brown and Barton had effectively withdrawn from the PLLC. The Chancellor found the Drs. Brown and Barton by their actions constructively withdrew from the PLLC which he declined to dissolve. The fees awarded to the plaintiff's attorneys are the principal issue on appeal, together with issues involving the continuing viability of the PLLC. http://www.tba.org/tba_files/TCA/brunsting.wpd SUSAN R. GODFREY, et al. v. JESUS RUIZ, et al. Court:TCA Attorneys: Joseph M. Dalton, Jr., Catherine S. Hughes, Nashville, Tennessee, for the appellants, Susan R. Godfrey and Rickey E. Godfrey. Clifton B. Sobel, Jr., Nashville, Tennessee, for the appellees, Jesus Ruiz and wife, Shawanda Ruiz. Judge: COTTRELL First Paragraph: This case arises from an automobile accident resulting in personal injuries to plaintiffs. The defendants, Mr. & Mrs. Ruiz, filed a motion for summary judgment on the grounds that their cousin, Mr. Corpus, was driving their vehicle without their permission or knowledge at the time of the accident. The trial court granted the motion and plaintiffs appeal. Plaintiffs assert that under Tenn. Code Ann. S 55-10-311, defendants are not entitled to summary judgment based solely on their own self-serving affidavits and depositions. We affirm the summary judgment. http://www.tba.org/tba_files/TCA/godfreys_opn.wpd CAIN DISSENTING http://www.tba.org/tba_files/TCA/godfreys_dis.wpd K.S.O.H., et al. v. J.W.B., JR. In re: Adoption of a Male Child, T.J.B. Court:TCA Attorneys: N. David Roberts, Jr., Knoxville, Tennessee, and Brenda Lea Lindsay-McDaniel, Knoxville, Tennessee, for the Appellants, K.S.O.H. and W.H., Jr. Joseph F. Della-Rodolfa, Knoxville, Tennessee, for the Appellee, J.W.B., Jr. Judge: SWINEY First Paragraph: The mother ("Mother") and stepfather ("Stepfather") of a minor child ("Child") filed a Petition to Terminate the parental rights of the Child's biological father ("Father"). The Petition to Terminate alleged one ground for termination of Father's parental rights, abandonment. After three hearings, the Juvenile Court held that the Petition to Terminate should be dismissed because Mother and Stepfather failed to establish by clear and convincing evidence that Father had abandoned the Child and because termination of Father's parental rights would not be in the Child's best interests. Mother and Stepfather appeal. We affirm. http://www.tba.org/tba_files/TCA/ksoh.wpd SHERRY LEE LIGHTFOOT v. TOMMY EDWIN LIGHTFOOT Court:TCA Attorneys: Lorraine Raymond, Chattanooga, Tennessee, for the Appellant Tommy Edwin Lightfoot. Grace E. Daniell, Chattanooga, Tennessee, for the Appellee Sherry Lee Lightfoot. Judge: SWINEY First Paragraph: In this divorce case, Tommy Edwin Lightfoot ("Husband") appeals the Trial Court's conclusion that he was voluntarily underemployed based on his accepting a lower paying position so he could live in close proximity to his girlfriend. Husband also appeals the Trial Court's upward deviation from the child support guidelines and the award of alimony in futuro to Sherry Lee Lightfoot ("Wife"). We affirm. http://www.tba.org/tba_files/TCA/lightfootsl.wpd STATE OF TENNESSEE v. KRISTINE KUHNE Court:TCCA Attorneys: Raymond Mack Garner, District Public Defender, and George H. Waters, Assistant District Public Defender, for the appellant, Kristine Kuhne. Paul G. Summers, Attorney General and Reporter; Angele M. Gregory, Assistant Attorney General; Michael L. Flynn, District Attorney General; and William R. Reed, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: The defendant pled guilty in the Blount County Circuit Court to assault, a Class A misdemeanor, and was sentenced to eleven months and twenty-nine days. The trial court ordered a split confinement with thirty days in jail, and the balance to be served on probation. In this appeal as of right, the defendant argues that the trial court erred in denying her full probation. After careful review, we affirm the defendant's sentence but remand the matter to the trial court for entry of a corrected judgment. http://www.tba.org/tba_files/TCCA/kuhnekristine.wpd DAVID ZIRKLE v. STATE OF TENNESSEE Court:TCCA Attorneys: Linda J. Hamilton Mowles, Knoxville, Tennessee (on appeal); and Charles S. Sexton, Knoxville, Tennessee (at trial and on appeal); for the Appellant, David Zirkle. Paul G. Summers, Attorney General and Reporter; Angele M. Gregory, Assistant Attorney General; Al C. Schmutzer, Jr., District Attorney General; and Steven R. Hawkins, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: The Petitioner was convicted by a Sevier County jury of first degree murder and especially aggravated robbery. The Petitioner was sentenced to life imprisonment for the murder conviction and to twenty-five years incarceration for the especially aggravated robbery conviction. The Petitioner appealed, and the convictions were affirmed by our Court. The Petitioner then filed for post-conviction relief, which was denied by the trial court. The Petitioner now appeals the trial court's denial of post-conviction relief, arguing that he received ineffective assistance of counsel at trial. Concluding that the Petitioner received effective assistance of counsel, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/zirkle.wpd PLEASE FORWARD THIS E-MAIL! Feel free to forward this Opinion Flash on to anyone you know of with an e-mail address. 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