Opinion FlashSeptember 10, 2002
Volume 8 Number 157
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):
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Howard H. Vogel
CLIFFORD GOOLESBY v. ABB C-E SERVICES, INC. Court:TSC - Workers Comp Panel Attorneys: Jeffrey Lawrence Cleary, Chattanooga, Tennessee, for the appellant, Combustion Engineering, Inc., ABB C-E Services, Inc., and ABB Services, Inc., d/b/a ABB C-E Power Products Manufacturing. Harry F. Burnette, Chattanooga, Tennessee, for the appellee, Clifford Goolesby. Judge: BYERS First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The trial court found the plaintiff was entitled to permanent total disability benefits. The trial court further found the defendant was not entitled to offset social security benefits against the award. The defendant appeals only from the judgment of the trial court which denied the social security offset. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TSC_WCP/goolesbyc.wpd
STATE OF TENNESSEE DEPARTMENT OF CHILDREN'S SERVICES v. D.G.B. and C.B. Court:TCA Attorneys: Mitchell A. Byrd, Chattanooga, Tennessee, Guardian Ad Litem for J.E.B. Paul G. Summers, Attorney General and Reporter, and Douglas Earl Dimond, Assistant Attorney General, for the appellee, State of Tennessee Department of Children's Services. Arthur Bass, Cleveland, Tennessee, for the appellees, D.G.B. and C.B. Judge: SUSANO First Paragraph: In this termination of parental rights case, the trial court found - by clear and convincing evidence - that there are multiple grounds for terminating the parental rights of the mother ("D.G.B.") and father ("C.B.") of J.E.B. (DOB: October 27, 1986). The trial court, however, refused to terminate their parental rights because it determined that the evidence fails to show, in a clear and convincing manner, that termination is in the "best interests" of the subject child. See T.C.A. S 36-1-113(c)(2) (2001). The court directed the Department of Children's Services ("DCS") to develop a plan of care for the removal of the child from Bradley County to Carter County, the present home of the parents, "then to be provided services toward reunification." The Guardian Ad Litem for J.E.B. appeals, contending that the court erred in refusing to terminate the parents' parental rights and in ordering the transfer of the child to Carter County. We find the evidence preponderates against the trial court's determination that termination is not in the best interests of the child. On the contrary, we find clear and convincing evidence that it is in the child's "best interests" to terminate the parental rights of D.G.B. and C.B. Accordingly, we reverse the judgment of the trial court. http://www.tba.org/tba_files/TCA/dgb.wpd
HOME FEDERAL BANK, FSB, OF MIDDLESBORO, KENTUCKY v. FIRST NATIONAL BANK OF LAFOLLETTE, TENNESSEE, et al. Court:TCA Attorneys: C. Mark Troutman, LaFollette, Tennessee, for the appellants, First National Bank of LaFollette, Tennessee and C. Mark Troutman. Joseph G. Coker, Jacksboro, Tennessee, for the appellees, Home Federal Bank, FSB, of Middlesboro, Kentucky. Judge: SUSANO First Paragraph: In this case of first impression, we are asked to determine the priority between (1) a first deed of trust on 12.58 acres of land in Campbell County - with a so-called dragnet clause - securing a fully- advanced-at-inception commercial loan of $235,040 and (2) a second deed of trust on the same property. The focus of the parties' dispute is upon the proceeds remaining from a foreclosure sale under the first deed of trust after all obligations relating to the original commercial loan of $235,040 had been paid in full. The holder of the first deed of trust claims that it is entitled to apply these remaining proceeds to partially satisfy a separate commercial debt owed to the beneficiary of the first deed of trust, which debt was incurred after the second deed of trust was recorded. The holder of the second deed of trust disagrees; it claims priority to these remaining funds by virtue of its deed of trust. The trial court found that the obligation secured by the second deed of trust has priority over the subsequent debt, which debt admittedly falls under the language of the first deed of trust's dragnet clause. The trial court also found that the notice of trustee's sale published in connection with the foreclosure on the subject property by the holder of the first deed of trust was deficient. The court went on to award the beneficiary of the second deed of trust $30,931.85, being the balance of the proceeds from the foreclosure sale after the beneficiary of the first deed of trust had been fully paid for all monies due it in connection with the original indebtedness of $235,040. The holder of the first deed of trust appeals, challenging both of the trial court's holdings. The holder of the second deed of trust, on the other hand, argues that the trial court erred in refusing to award prejudgment interest. We vacate the trial court's judgment and remand for further proceedings. http://www.tba.org/tba_files/TCA/lafoll.wpd
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