Opinion FlashMay 30, 2002
Volume 8 Number 95
Following this index are summaries of each case, including its name, first paragraph, author's name, and the names of attorneys for the parties of each opinion.
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Howard H. Vogel
JESSIE BULLINGTON v. GREENE COUNTY, et al. Court:TCA Attorneys: Clinton R. Anderson, Morristown, Tennessee, for the appellant, Jessie Bullington. Roger A. Woolsey, Greeneville, Tennessee, for the appellee, Greene County, Tennessee. J. Russell Pryor, Greeneville, Tennessee, for the appellee, H.E. Childress. J. Ronnie Greer, Greeneville, Tennessee, for the appellees, Guy Cupp and wife, Jenny Ruth Cupp. Judge: SUSANO First Paragraph: On April 3, 1995 - following the entry of a default judgment against the unknown heirs of James Turner - real property that had been owned by the late Mr. Turner was sold at a public tax sale to satisfy delinquent property taxes due Greene County. On May 15, 1998, Jessie Bullington ("the plaintiff") filed a "Complaint to Quiet Title and for Damages" against the County; the purchaser at the tax sale; and the present owners of the subject property, requesting, among other things, that "[t]he title to the property be quited [sic] and the [plaintiff] be declared the owner in fee simple of said property." The proof is clear that the plaintiff purchased the subject property in 1992. He argues that, as the record title owner of the property, he was entitled to actual notice of the delinquent tax suit filed by the County. The defendants, on the other hand, claim that the notice by publication inserted in a local newspaper pursuant to the order of the Greene County Chancery Court was sufficient compliance with the requirements of due process under the facts of this case. The defendants also contend that the plaintiff's suit is barred by the statute of limitations, and, additionally, that it should be dismissed because, so the argument goes, the plaintiff failed to make a sufficient payment into court to cover the back taxes, "the bid" at the tax sale, and other sums, all as required by T.C.A. S 67-5-2504(c) (1994) and as ordered by the trial court. The court below dismissed the plaintiff's suit, finding that he was not entitled to actual notice and that the deposit made by the plaintiff into the registry of the court did not satisfy the requirements of T.C.A. S 67-5- 2504(c). Plaintiff appeals. We reverse and remand for further proceedings. http://www.tba.org/tba_files/TCA/bullingtonj.wpd
STATE OF TENNESSEE DEPARTMENT OF CHILDREN'S SERVICES v. T.K. Court:TCA Attorneys: John A. Shoaf, Chattanooga, Tennessee, for the appellant, T.K. Paul G. Summers, Attorney General and Reporter, and Elizabeth C. Driver, Assistant Attorney General, for the appellee, State of Tennessee Department of Children's Services. Judge: SUSANO First Paragraph: The trial court terminated the parental rights of T.K. ("Mother") with respect to her minor child, S.A.M. (DOB: April 12, 1999). Mother appeals, contending that the evidence preponderates against the trial court's determination that there is clear and convincing evidence to terminate her parental rights. We affirm. http://www.tba.org/tba_files/TCA/tk.wpd
STATE OF TENNESSEE DEPARTMENT OF CHILDREN'S SERVICES v. LaSHONDRA WHALEY Court:TCA Attorneys: Debra L. House, Cleveland, Tennessee, for the Appellant, LaShondra Whaley. Paul G. Summers, Attorney General & Reporter, and Dianne Stamey Dycus, Deputy Attorney General, Nashville, Tennessee, for the Appellee, State of Tennessee Department of Children's Services. Judge: GODDARD First Paragraph: This appeal from the Juvenile Court of Bradley County questions whether the Trial Court erred in terminating the parental rights of Ms. Whaley. We reverse the judgment of the Trial Court. http://www.tba.org/tba_files/TCA/whaleylash.wpd
IN RE: SANFORD & SONS BAIL BONDS, INC. Court:TCCA Attorneys: Robert L. Jolley, Jr., and Charles Currier, Knoxville, Tennessee, for the appellant, Sanford & Sons Bail Bonds, Inc. Paul G. Summers, Attorney General and Reporter; Mark A. Fulks, Assistant Attorney General; C. Berkeley Bell, District Attorney General; and Chris Scruggs, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: MCGEE OGLE First Paragraph: The appellant, Sanford & Sons Bail Bonds, Inc., appeals the judgment of the Hamblen County Criminal Court forfeiting $5,000 bail in the case of criminal defendant Florentino DeJesus Hernandez. Following a review of the record and the parties' briefs, we reverse the judgment of the trial court and remand this case for proceedings consistent with this opinion. http://www.tba.org/tba_files/TCCA/sanfordandsons.wpd
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