Opinion FlashJuly 18, 2002Volume 8 — Number 123 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 These BellSouth opinions were consolidated for oral argument and are both addressed in a single attached opinion. Originally released 07/10/02, the opinion today contains a correction on page 2. BELLSOUTH ADVERTISING & PUBLISHING CORPORATION v. TENNESSEE REGULATORY AUTHORITY AND BELLSOUTH ADVERTISING & PUBLISHING CORPORATION v. NEXTLINK TENNESSEE Court:TSC Attorneys: J. Richard Collier and Julie M. Woodruff, Nashville, Tennessee, for the appellant, Tennessee Regulatory Authority. Henry Walker, Nashville, Tennessee, for the appellants, AT&T Communications of South Central States, Inc., MCI Worldcom Network Services, Inc., and XO Tennessee, Inc. Paul S. Davidson and Guilford F. Thornton, Jr., Nashville, Tennessee, Daniel J. Thompson, Jr., Tucker, Georgia, and James F. Bogan, III, Atlanta, Georgia, for the appellee, BellSouth Advertising & Publishing Corporation. Judge: BIRCH First Paragraph: This consolidated appeal presents two very important issues. They are: (1) whether the Tennessee Regulatory Authority has the authority to require that the names and logos of local telephone service providers who compete with BellSouth Telecommunications, Inc. be included on the cover of white pages telephone directories published by BellSouth Advertising & Publishing Corporation on behalf of BellSouth Telecommunications, Inc.; and (2) whether the Tennessee Regulatory Authority's decisions in these consolidated cases violate the First Amendment of the Constitution of the United States. For the reasons discussed herein, we hold that the Tennessee Regulatory Authority is authorized to require that the names and logos of competing local telephone service providers be included on the covers of the white pages telephone directories published on behalf of BellSouth Telecommunications, Inc., and that the Tennessee Regulatory Authority's decisions in these two cases do not violate the First Amendment. Accordingly, we reverse the judgment of the Court of Appeals in this consolidated appeal and reinstate the judgments of the Tennessee Regulatory Authority. http://www.tba.org/tba_files/TSC/bellsouthcorrection.wpd IN RE EDWARD JAMES CRIM SR., AND JAYNE CRIM; EVA M. LEMEH, Trustee v. EMC MORTGAGE CORPORATION Court:TSC Attorneys: Robert H. Waldschmidt, Nashville, Tennessee, for the Appellant, Eva M. Lemeh, Trustee David B. Herbert and Michael Gigandet, Nashville, Tennessee, for the Appellee, EMC Mortgage Corporation. Judge: DROWOTA First Paragraph: Pursuant to Rule 23 of the Rules of the Supreme Court of Tennessee, this Court accepted certification of the following questions from the United States Bankruptcy Court for the Middle District of Tennessee: (a) Whether the deed of trust was improperly acknowledged under Tennessee law; (b) If so, does the defective acknowledgment render the deed of trust void or voidable by a judicial lien creditor or a bona fide purchaser? Because the acknowledgment does not indicate that the wife was signing on behalf of her husband and because the certificate of acknowledgment does not substantially comply with the statutorily prescribed forms, the deed of trust is null and void as to judicial lien creditors and bona fide purchasers with respect to the transfer of the husband's interest in the property. Because the acknowledgment of the wife's signature substantially complies with the statutorily prescribed forms, the deed of trust is effective to transfer her right of survivorship in the property and is not voidable by a judicial lien creditor or bona fide purchaser without notice. http://www.tba.org/tba_files/TSC/inrecrime.wpd CORRECTION: (Originally released 07/09/02; filed today with a correction on page 4.) WOO-JUN KI, et al. v. THE STATE OF TENNESSEE Court:TSC Attorneys: Barbara Hawley Smith and William Daniel Leader, Jr., Nashville, Tennessee, for the appellants, Woo-Jun Ki and Jeong-Gyung Ki. Alan M. Parker, Knoxville, Tennessee; and Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; and Kimberly J. Dean, Deputy Attorney General, for the appellee, State of Tennessee. Judge: HOLDER First Paragraph: We granted appeal to determine the meaning of "claimant" in Tenn. Code Ann. S 9-8-307(e) when an action for wrongful death is filed against the State. We hold that the decedent is the sole "claimant" under Tenn. Code Ann. S 9-8-307(e), as contemplated by Tenn. Code Ann. S 20-5-106(a) and Tenn. Code Ann. S 20-5-113. The award of damages is therefore limited to $300,000 pursuant to Tenn. Code Ann. S 9-8-307. The judgment of the Court of Appeals is affirmed, and the case is remanded to the trial court for proceedings consistent with this opinion. http://www.tba.org/tba_files/TSC/kiwoojuncorrect.wpd ROBERT W. CHAGRASULIS, M.D. v. TENNESSEE BOARD OF MEDICAL EXAMINERS Court:TCA Attorneys: Frank J. Scanlon, Nashville, Tennessee, for the appellant, Robert W. Chagrasulis, M.D. Paul G. Summers, Attorney General and Reporter; Sue A. Sheldon, Senior Counsel, Health Care Division, for the appellee, State of Tennessee. Judge: CANTRELL First Paragraph: Appellant lost his license to practice medicine in the State of Maine. He later relocated to Tennessee and filed an application for a license to practice medicine. The Tennessee Board of Medical Examiners (the "Board") denied his application based on the disciplinary action taken against him in the State of Maine. The Davidson County Chancery Court affirmed the Board's decision. Appellant now appeals the Davidson County Chancery Court's decision to this court and asserts that the Board's decision was arbitrary and capricious or an abuse of discretion. We affirm the trial court's decision. http://www.tba.org/tba_files/TCA/chagrasulisrw.wpd CONSUMER ADVOCATE DIVISION v. TENNESSEE REGULATORY AUTHORITY Court:TCA Attorneys: John Knox Walkup, Attorney General & Reporter; Michael E. Moore, Solicitor General; L. Vincent Williams, Consumer Advocate; Vance L. Broemel, Assistant Attorney General, for appellant, Consumer Advocate Division. Guy M. Hicks, Nashville, Tennessee and Patrick William Turner, Atlanta, Georgia, for appellee, BellSouth Telecommunications. Citizens Telecommunication Company, Pro Se. Dennis McNamee, J. Richard Collier and William Valerius Sanford, Nashville, Tennessee, and H. Edward Phillips, Wake Forest, North Carolina, for appellee, Tennessee Regulatory Authority. Joseph F. Welborn, Robert Dale Grimes and Theodore G. Pappas, Nashville, Tennessee for appellee, United Telephone Southeast, Inc. Judge: CANTRELL First Paragraph: The principal issue in this case is whether telephone directory assistance service is basic or non-basic under the statutory scheme. Secondary issues involve the practice of grandfathering existing customers when a new tariff is approved, the exemptions to directory assistance charges, and whether the Tennessee Regulatory Authority was authorized to transfer a contested case to another docket. We affirm. http://www.tba.org/tba_files/TCA/consumeradvocatediv.wpd KIMBERLY LYNN HAAS v. ALBERT JAMES HAAS. Court:TCA Attorneys: R. Eddie Davidson, Nashville, Tennessee, for the appellant, Kimberly Lynn Haas. Phillip Robinson, Nashville, Tennessee, for the appellee, Albert James Haas. Judge: ASH First Paragraph: In this appeal from the Davidson County Circuit Court, the Appellant, Kimberly Lynn Haas, questions whether the trial court erred in granting her an absolute divorce and rendering a final disposition of the parties' marital property, whether the trial court erred in denying the appellant's motion for judgment on the pleadings, whether the trial court erred in refusing to bifurcate the issues of liability and damages to the appellee's two antique chairs, whether the trial court erred in its division of the appellant's 401K Deferred Compensation Plan, whether the trial court erred in permitting the appellee to assert the Fifth Amendment on the issues of dissipation of marital assets and adultery, whether the trial court erred in refusing to meaningfully consider the appellant's gift of $25,000 to the appellee in dividing the parties' property, whether the trial court erred in awarding the appellee the Toyota 4-Runner, whether the trial court erred in awarding the appellee the rosewood antique table, whether the trial court erred in awarding the appellee the $2,500 General Motors Cash Rebate, whether the trial court erred in not requiring the appellee to assume any of the outstanding marital debt on the Honda Accord, whether the trial court erred in its division of the General Motors credit card debt, and the method of payment of such marital debt. We affirm the judgment of the trial court in part, reverse in part and remand as consistent with this opinion. Costs of this appeal shall be split between the parties. http://www.tba.org/tba_files/TCA/haaskl.wpd IN THE MATTER OF: S.G.S. Court:TCA Attorneys: F. Michie Gibson, Jr., Nashville, Tennessee, for the appellant, R.A.S. Anthony E. Hagan, Lebanon, Tennessee, for the appellees, R.C.D and S.D.D. Judge: CANTRELL First Paragraph: The trial court terminated the parental rights of the biological father on the ground of abandonment, and granted the adoption petition of the stepfather. The biological father argues on appeal that he did not abandon his child. We affirm the trial court. http://www.tba.org/tba_files/TCA/inthematterofsgs.wpd ERIN MONEYMAKER EARLEY v. ROBERT A. MONEYMAKER Court:TCA Attorneys: Jerrold L. Becker, Knoxville, Tennessee, for the Appellant Robert A. Moneymaker. H. Gene Bell and Anthony M. Avery, Knoxville, Tennessee, for the Appellee Erin Moneymaker Earley. Judge: SWINEY First Paragraph: The parties to this action were divorced in 1999, and pursuant to the final decree, Erin Moneymaker Earley ("Mother") was awarded sole custody of the parties' young daughter, with Robert A. Moneymaker ("Father") having visitation. Over two years later, Father filed a petition requesting a change in custody. The Trial Court concluded Father failed to prove there had been a material change in circumstances justifying a change in custody and denied the petition. Father appeals, and we affirm. http://www.tba.org/tba_files/TCA/moneymakere.wpd BOB PATTERSON, TRUSTEE OF SHELBY COUNTY, TENNESSEE v. JIM ROUT, MAYOR OF SHELBY COUNTY, TENNESSEE Court:TCA Attorneys: Alan G. Crone, Memphis, Tennessee, for the appellant, Jim Rout, Mayor of Shelby County, Tennessee. Joedae L. Jenkins and Tyrone J. Paylor, Memphis, Tennessee, for the appellee, Bob Patterson, Trustee of Shelby County, Tennessee. Judge: FARMER First Paragraph: This appeal concerns the application of the Shelby County Civil Service Merit Act to appointed employment positions in Shelby County. The trial court found that since the positions were appointed by the County Trustee, they were exempt from the Act. The chancellor accordingly held that the Human Resources Department does not have the authority to override salary decisions of the Trustee with respect to appointed positions, and that petitions for salary increases could be made to the court pursuant to Tenn. Code Ann. S 8-20-101, et. seq. The chancellor approved three of the Trustee's five requested increases, finding them reasonable and necessary. We hold that the trial court's interpretation of the Merit Act was only partially correct. We remand this case for further proceedings consistent with this opinion for a determination of whether the appointed employees are classified or unclassified. http://www.tba.org/tba_files/TCA/pattersonbob1.wpd TEAM DESIGN, et al. v. ANTHONY GOTTLIEB, et al. Court:TCA Attorneys: S. Ralph Gordon, Nashville, Tennessee, for the appellant, Intersound Entertainment, Inc. James H. Harris III, Nashville, Tennessee, for the appellee, Anthony Gottlieb. Daniel B. Eisenstein, Nashville, Tennessee, for the appellees, Team Design and Harris Graphics, Inc. Judge: KOCH First Paragraph: This appeal raises important issues regarding the permissible range of court-annexed alternative dispute resolution procedures available under Tenn. S. Ct. R. 31. The case began in the Davidson County General Sessions Court as a dispute over payment for artwork and graphic design for a country music album. All the parties were dissatisfied with the general sessions court's disposition of their claims and perfected de novo appeals to the Circuit Court for Davidson County. When a dispute arose over the inability of two of the parties to be present on the agreed-upon trial date, the trial court, with all parties' agreement, entered an order referring the case to "binding mediation." The trial court conducted separate, off-the-record discussions with each of the parties and then entered an order finally adjudicating their claims. One of the parties filed a Tenn. R. Civ. P. 59.04 motion objecting to the order on the ground that it had not agreed to waive its right to a trial if the outcome of the mediation was unsatisfactory. After the trial court denied its motion, the moving party perfected this appeal. We have determined that the trial court lacked authority to conduct binding mediation or to finally adjudicate the parties' claims. Accordingly, we vacate the final order. http://www.tba.org/tba_files/TCA/teamdesign.wpd SUSAN KLAMON WHITON (LEEDOM) v. ALAN LOUIS WHITON Court:TCA Attorneys: Sarah Yarber Sheppeard and Jason H. Long, Knoxville, Tennessee, for the Appellant, Alan L. Whiton Dale Alan Everett, Knoxville, Tennessee, for the Appellee, Susan K. Whiton (Leedom) Paul G. Summers, Attorney General & Reporter, and Kim Beals, Assistant Attorney General, Office of the Attorney General, Nashville, Tennessee, for the Intervening Petitioner, State of Tennessee Judge: GODDARD First Paragraph: This is a post-divorce proceeding that began with the Mother's petition for an increase in child support. The Trial Court increased the child support and ordered a trust fund set up for the minor child. The Trial Court held that the child support guidelines was constitutional. Father appealed claiming that Tenn. Comp. R & Regs. 1240-2-4-.03(4), issued pursuant to T.C.A. 36-5-101, was violative of Section 1 of the 14th Amendment to the Constitution of the United States. Mother also appeals raising various issues. We reverse the Trial Court in its finding the Regulation in question is constitutional and vacate the judgment as to child support. We affirm in part the other holdings of the Trial Court as to a part of the issues raised by Mother. http://www.tba.org/tba_files/TCA/whitonsusan_opn.wpd SUSAN KLAMON WHITON (LEEDOM) v. ALAN LOUIS WHITON Court:TCA FRANKS DISSENTING http://www.tba.org/tba_files/TCA/whitonsusan_dis.wpd STATE OF TENNESSEE v. RICKY LYNN EARLS Court:TCCA Attorneys: Gregory D. Smith, Clarksville, Tennessee (on appeal); Donna Leigh Hargrove, District Public Defender; and Andrew Jackson Dearing, III, Assistant Public Defender (at trial and on appeal), for the appellant, Ricky Lynn Earls. Paul G. Summers, Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; William Michael McCown, District Attorney General; and Weakley E. (Eddie) Barnard, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: Defendant appeals the sentences he received from convictions for two counts of forgery and one count of theft. The trial court found defendant to be a career offender and sentenced defendant to serve two sentences of six years each, to be served consecutively for an effective sentence of twelve years. Defendant contends that the sentences are excessive and that the trial court should have ordered the sentences to be served concurrently. We disagree and affirm the trial court's judgment. http://www.tba.org/tba_files/TCCA/earlsrl1.wpd STATE OF TENNESSEE v. JASON BRIAN HARGROVE Court:TCCA Attorneys: Thomas A. Davidson, Lewisburg, Tennessee, for the appellant, Jason Brian Hargrove. Paul G. Summers, Attorney General and Reporter; Mark A. Fulks, Assistant Attorney General; W. Michael McCown, District Attorney General; and Weakley E. Barnard, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: MCGEE OGLE First Paragraph: The appellant, Jason Brian Hargrove, pled guilty in the Marshall County Circuit Court to numerous counts of theft and burglary. He received a total effective sentence of twenty years incarceration in the Tennessee Department of Correction. On appeal, the appellant raises the following issue for our review: whether the trial court erred in imposing consecutive sentences. After reviewing the record and the parties' briefs, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/hargrovejb.wpd STATE OF TENNESSEE v. PHILIP R. HAVEN Court:TCCA Attorneys: Lee Offman, Franklin, Tennessee, for appellant, Philip R. Haven. Paul G. Summers, Attorney General & Reporter; Thomas E. Williams, III, Assistant Attorney General; Ron Davis, District Attorney General; and Lee Dryer, Assistant District Attorney General, for appellee, State of Tennessee. Judge: SMITH First Paragraph: A Williamson County grand jury indicted the defendant on alternative counts of driving under the influence of an intoxicant and of driving with a .10% or more alcohol concentration in his blood or breath. At the conclusion of the proof, the trial jury convicted the defendant of the latter offense and assessed a fifteen hundred dollar fine. At sentencing, the trial court approved the fine assessed and further sentenced the defendant to six months to be suspended after the service of thirty days, day for day. Additionally, the court placed the defendant on supervised probation for eleven months and twenty-nine days during which time, among other conditions, the defendant was to complete alcohol safety school. Subsequently, the defendant filed a motion for a new trial or judgment of acquittal, which the trial court denied. Through this appeal the defendant contends that the trial court erred in 1) not excusing four jurors for cause; 2) permitting the prosecutor to make ingratiating statements to the jury during voir dire; 3) overruling counsel's objection to the prosecutor's comment in opening statement that the defendant was "drunk, way too drunk to drive"; 4) finding that the involved forensic scientist for the Tennessee Bureau of Investigation was the custodian of the alcohol report, thereby allowing the admission of the report into evidence; 5) concluding that "adult driving while impaired" was not a lesser included offense of driving under the influence; 6) refusing to dismiss count two of the indictment as a nullity; and 7) sentencing the defendant to more than the seven-consecutive-day minimum sentence applicable here. After reviewing each of these assertions, we find that none merit relief and, therefore, affirm the defendant's conviction and sentence. However, in reviewing the case, we have observed an error in the judgment form and, therefore, remand the matter for entry of a corrected judgment. http://www.tba.org/tba_files/TCCA/havenphilip.wpd STATE OF TENNESSEE v. EDWARD LUCAS Court:TCCA Attorneys: Roger E. Nell, Clarksville, Tennessee, for the appellant, Edward Lucas. Paul G. Summers, Attorney General and Reporter; Christine M. Lapps, Assistant Attorney General; John W. Carney, Jr., District Attorney General; and C. Dan Brollier, Jr., Assistant District Attorney General, for the appellee, State of Tennessee. Judge: MCGEE OGLE First Paragraph: The appellant, Edward Lucas, was convicted in the Montgomery County Circuit Court of two counts of selling cocaine and one count of possession of marijuana with the intent to sell. The trial court imposed an effective sentence of six years incarceration in the Tennessee Department of Correction, sixty days of which were to be served in confinement with the remainder to be served on probation. Subsequently, the trial court found the appellant guilty of violating his probation and ordered the appellant to serve his sentence in confinement. The appellant raises the following issues on appeal: (1) whether the allegation set forth in the violation of probation warrant states a violation of the conditions of probation; (2) whether the allegation set forth in the violation of probation warrant complies with due process requirements of the United States and Tennessee Constitutions; and (3) whether the evidence is sufficient to support the probation revocation. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/lucase.wpd STATE OF TENNESSEE v. DELANEY E. MARCUM Court:TCCA Attorneys: John H. Henderson, District Public Defender, Franklin, Tennessee, for the Appellant, Delaney E. Marcum. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; P. Robin Dixon, Jr., Assistant Attorney General; Ronald L. Davis, District Attorney General; and Lee Dryer, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: HAYES First Paragraph: The Appellant, Delaney E. Marcum, appeals from the sentencing decision of the Williamson County Circuit Court. Marcum entered guilty pleas to one count of aggravated burglary, a class C felony, and one count of theft of property over $1,000.00, a class D felony. Under the terms of the agreement, Marcum received concurrent sentences of five years for aggravated burglary and four years for theft. Following a sentencing hearing, the trial court ordered that Marcum's sentences be served in the Department of Correction and, additionally, he was ordered to pay restitution on both counts. On appeal, Marcum contends that the trial court erred in (1) not sentencing him to probation or any other alternative to incarceration, and (2) ordering restitution in conjunction with total confinement. Finding no error, the judgment of the Williamson County Circuit Court is affirmed. http://www.tba.org/tba_files/TCCA/marcumdelaneye.wpd (This is a new corrected opinion filed pursuant to a previous CCA Order dated 6/27/02 which states that the opinion AND judgment previously entered on 6/24/02 are being Vacated and Withdrawn and a corrected opinion and judgment will be filed in due course.) STATE OF TENNESSEE v. RHONDA PATRICIA MAYES Court:TCCA Attorneys: Mark C. Scruggs, Nashville, Tennessee, for the appellant, Rhonda Patricia Mayes. Paul G. Summers, Attorney General and Reporter; Patricia C. Kussmann, Assistant Attorney General; William Michael McCown, District Attorney General; and Weakley E. (Eddie) Barnard, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: Defendant was convicted of two counts of possession of cocaine with intent to sell and two counts of simple possession of cocaine. The trial court merged the two counts of possession of cocaine with intent to sell into one count and merged the two counts of simple possession of cocaine into one count. The trial court sentenced the defendant to concurrent sentences of eight years and eleven months and twenty-nine days, respectively, thus imposing an effective eight-year sentence. Defendant appealed on four grounds: (1) there was insufficient evidence to support the conviction for possession with intent to sell cocaine; (2) a search warrant failed to state sufficient facts to establish probable cause to search defendant's apartment; (3) the indictment was multiplicitous; and (4) the trial court erred in ruling that the State could use defendant's prior conviction to show intent. We conclude that all convictions should merge into a single judgment of conviction for possession of cocaine with intent to sell; thus, we vacate the sentence relating to simple possession of cocaine, although this will not change the effective eight-year sentence. http://www.tba.org/tba_files/TCCA/mayesrp1.wpd STATE OF TENNESSEE v. JACK ROGER NORTON Court:TCCA Attorneys: Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger, Assistant Attorney General; Joe Crumley, District Attorney General; and Steve Finney, Assistant District Attorney General, for the appellant, State of Tennessee. James T. Bowman, Johnson City, Tennessee, for the appellee, Jack Roger Norton. Judge: WOODALL First Paragraph: The State has appealed from the trial court's order granting the Motion to Suppress filed by Defendant, Jack Roger Norton. Defendant is the owner of a tavern in Washington County, which was the subject of a valid search warrant. It is undisputed that the officers did not "knock and announce" prior to their entry into the building to execute the warrant. This failure was the basis of the trial court's ruling. After a thorough review of the record, the applicable law, and based upon the specific, narrow issue presented, we reverse the judgment of the trial court. http://www.tba.org/tba_files/TCCA/nortonjack_opn.wpd STATE OF TENNESSEE v. JACK ROGER NORTON Court:TCCA SMITH CONCURRING http://www.tba.org/tba_files/TCCA/nortonjack_con.wpd DEADRICK M. PIGG v. STATE OF TENNESSEE Court:TCCA Attorneys: Larry B. Felts, Nashville, Tennessee, for the appellant, Deadrick M. Pigg. Paul G. Summers, Attorney General & Reporter; Peter M. Coughlan, Assistant Attorney General; Victor S. Johnson, District Attorney General; and Grady Moore, Assistant District Attorney General, for the appellee, the State of Tennessee. Judge: SMITH First Paragraph: A Davidson County grand jury indicted the defendant on one count of felonious unlawful possession of a weapon and one count of misdemeanor evading arrest. Following a jury trial, the defendant was acquitted of the weapons offense but convicted of evading arrest. At the conclusion of a sentencing hearing, the trial court sentenced the defendant to eleven months and twenty-nine days for this conviction. The court also ordered this sentence to run consecutively to another sentence stemming from a separate arrest. The defendant next unsuccessfully filed a motion for a judgment of acquittal or, in the alternative, a new trial. Through this appeal he continues to assert that the evidence is insufficient to support his conviction. However, after reviewing the record, we find that this issue lacks merit and, therefore, affirm the defendant's conviction for evading arrest. http://www.tba.org/tba_files/TCCA/piggdeadrick.wpd Service of Process under 2002 Tenn. Pub. Acts Ch. 794 Date: July 15, 2002 Opinion Number: 02-079 http://www.tba.org/tba_files/AG/2002/OP79.pdf Determination of Payments in Lieu of Taxes by McMinnville Electric System Date: July 15, 2002 Opinion Number: 02-080 http://www.tba.org/tba_files/AG/2002/OP80.pdf PLEASE FORWARD THIS E-MAIL! GET A FULL-TEXT COPY OF AN OPINION! JOIN THE TENNESSEE BAR ASSOCIATION! SUBSCRIBE TO OPINION FLASH! UNSUBSCRIBE TO OPINION FLASH? ... 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