Opinion FlashJuly 3, 2002
Volume 8 Number 114
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
MICHAEL BENJAMIN COUILLARD v. MARTHA ANN COUILLARD Court:TCA Attorneys: M. Stanley Givens, Johnson City, Tennessee, for the Appellant, Michael Benjamin Couillard. Judith Fain, Johnson City, Tennessee, for the Appellee, Martha Ann Couillard. Judge: SWINEY First Paragraph: Michael Benjamin Couillard ("Plaintiff") was absent from a hearing regarding his child support obligation. The Trial Court found that Plaintiff was in arrears for child support and also had failed to pay a portion of the parties' minor child's medical expenses as required by an earlier order of the Trial Court. Plaintiff filed a Tenn. R. Civ. P. 60.02 motion to set aside the judgment ("Motion to Set Aside") on the basis of inadvertence and excusable neglect. The Trial Court denied the Motion to Set Aside. The record on appeal contains no transcript or statement of the evidence of the hearing on Plaintiff's Motion to Set Aside. Plaintiff appeals. We affirm. http://www.tba.org/tba_files/TCA/couillardmichael_opn.wpd
MICHAEL BENJAMIN COUILLARD v. MARTHA ANN COUILLARD Court:TCA GODDARD CONCURRING http://www.tba.org/tba_files/TCA/couillardmichael_con.wpd
IN RE: THE ADOPTION OF D.P.M. Court:TCA Attorneys: Thomas F. Mabry, Oak Ridge, Tennessee, for the Appellants D.R.M. and P.E.M. D. Vance Martin, Knoxville, Tennessee, for the Appellees B.S.J. and S.J. Wayne D. Wycoff, Knoxville, Tennessee, as Guardian Ad Litem. Judge: SWINEY First Paragraph: This case started with competing petitions for adoption filed by the maternal and paternal grandparents of D.P.M., who is six years old. After the Trial Court terminated the parental rights of both natural parents on the basis of abandonment, the adoption of D.P.M. was awarded to the maternal grandparents. The parties agreed the paternal grandparents would be granted visitation, and the Trial Court set forth the amount of visitation and the rights and restrictions of the paternal grandparents when exercising visitation. Notwithstanding the maternal grandparents' agreement to this visitation, they appeal the granting of visitation, as well as the rights granted to the paternal grandparents when exercising this visitation. We affirm. http://www.tba.org/tba_files/TCA/dpm.wpd
CHRISTINA FORTENBERRY v. G.T. GEORGE, et al. Court:TCA Attorneys: David L. Bacon, Knoxville, Tennessee, for the Appellant, Christina Fortenberry. Ronald E. Mills, Knoxville, Tennessee, for the Appellees, Phil Keith and the City of Knoxville. Judge: SWINEY First Paragraph: This lawsuit arises from a traffic stop of the plaintiff, Christina Fortenberry ("Plaintiff"), by a City of Knoxville police officer, G.T. George ("George"). Plaintiff sued George, the Knoxville Police Department chief, Phil Keith ("Keith"), and the City of Knoxville ("City"). In her Complaint, Plaintiff alleged claims of assault and battery and false imprisonment and alleged that George's conduct was intentional and reckless. Plaintiff later amended her Complaint to allege negligent conduct by George. The Trial Court granted a Tenn. R. Civ. P. 12.02(6) Motion to Dismiss filed jointly by Keith and the City, holding that the Amended Complaint failed to state a claim upon which relief can be granted under the Tennessee Governmental Tort Liability Act ("GTLA"). Plaintiff appeals. We affirm, in part, and vacate, in part, and remand. http://www.tba.org/tba_files/TCA/fortenberrychris_opn.wpd
CHRISTINA FORTENBERRY v. G.T. GEORGE, et al. Court:TCA GODDARD CONCURRING http://www.tba.org/tba_files/TCA/fortenberrychris_con.wpd
STATE OF TENNESSEE v. JAMES ROBERT LAWSON Court:TCCA Attorneys: Terry L. Jordan, Blountville, Tennessee, for the Appellant, James Robert Lawson. Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and James F. Goodwin, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: The Defendant pled guilty to one count of child abuse, a Class D felony. Following a hearing, the trial court denied judicial diversion. The trial court sentenced the Defendant as a Range I, standard offender to two years to be served on intensive probation. The Defendant now appeals, arguing that the trial court erred by denying him judicial diversion and by imposing as a condition of his probation that he not reside in the same household with children of "tender years." Finding no error, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/lawsonjr.wpd
Carroll County Watershed Authority Liability Date: June 28, 2002 Opinion Number: 02-077 http://www.tba.org/tba_files/AG/2002/OP77.pdf
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