Opinion Flash

July 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.

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
01 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


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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