Opinion Flash

May 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.

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
03 New Opinion(s) from the Tennessee Court of Appeals
01 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
 

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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink


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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