Opinion FlashSeptember 23, 2002
Volume 8 Number 166
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
SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/certlist_0923.wpd
KAREN BISHOP, et al. v. HELEN G. BECKNER Court:TCA Attorneys: Robert E. Pryor and Adam M. Priest, Knoxville, Tennessee, and Peter Alliman, Madisonville, Tennessee, for the appellants, Karen Bishop and Eric Bishop. Jerry Shattuck, Clinton, Tennessee, and John T. Johnson, Jr., and Amanda M. Belew, Knoxville, Tennessee, for the appellee, Helen G. Beckner. Judge: SUSANO First Paragraph: Jason Bishop was killed when he fell off a ledge while inside a cave on the defendant's property. The plaintiffs - mother and brother of the deceased - sued the defendant. The mother sued for her son's wrongful death; the brother sued for "negligent infliction of emotional harm" allegedly caused by his witnessing the fall that led to his brother's death. The defendant filed a motion for summary judgment, asserting that the deceased was a trespasser to whom she owed a limited duty - one that she claimed not to have violated; and that, in any event, she is immune from suit under T.C.A. S 70- 7-101, et seq. (1995) ("the Recreational Use Statutes"). The trial court granted the defendant's motion. The plaintiffs appeal, claiming that the deceased was not a trespasser and that the statutory immunity does not apply to the facts of this case. We affirm. http://www.tba.org/tba_files/TCA/bishopk.wpd
GALE EMERSON v. ROBERT EMERSON, III Court:TCA Attorneys: Thomas Crutchfield, Chattanooga, Tennessee, for Appellant. Michael R. Campbell, Chattanooga, Tennessee, for Appellee. Judge: FRANKS First Paragraph: In this post-divorce action, the Trial Court ordered an increase in child support and ordered the father to pay 85% of the son's private school tuition. On appeal, the father insists the Trial Court was without jurisdiction to entertain the petition, and the proof did not support the increases ordered by the Trial Court. We affirm. http://www.tba.org/tba_files/TCA/emersong.wpd
ROY WILLIAM GRAY v. NANCY JANE GRAY Court:TCA Attorneys: Ricky A.W. Curtis, Knoxville, Tennessee, for the Appellant, Roy William Gray Sarah Y. Sheppeard, Knoxville, Tennessee, for the Appellee, Nancy Jane Gray Judge: GODDARD First Paragraph: In this divorce case from the Circuit Court for Knox County the Appellant, Roy William Gray, contends that the Trial Court erred in failing to disqualify counsel for the Appellee, Nancy Jane Gray. Mr. Gray further contends that the Court erred in dividing the marital assets, in granting both parties a divorce, and in awarding Ms. Gray post trial attorney's fees. Ms. Gray asserts that she should be reimbursed for attorney's fees incurred by her in responding to this appeal upon the grounds that the appeal is frivolous and devoid of merit. The judgment of the Trial Court is affirmed in part and reversed in part. http://www.tba.org/tba_files/TCA/grayroy.wpd
STATE OF TENNESSEE DEPARTMENT OF CHILDREN'S SERVICES v. R.M.M., SR. Court:TCA Attorneys: Lance A. Evans, Maryville, Tennessee, for the Appellant, R.M.M., Sr. Paul G. Summers, Attorney General and Reporter, and Elizabeth C. Driver, Assistant Attorney General, Nashville, Tennessee, for the Appellee, State of Tennessee Department of Children's Services Judge: GODDARD First Paragraph: This appeal from the Knox County Juvenile Court questions whether the Juvenile Court erred in terminating the parental rights of the Appellant, R.M.M., Sr.,with respect to his child, R.M.M., II. We reverse. http://www.tba.org/tba_files/TCA/rmm_opn.wpd
STATE OF TENNESSEE DEPARTMENT OF CHILDREN'S SERVICES v. R.M.M., SR. Court:TCA SUSANO DISSENTING http://www.tba.org/tba_files/TCA/rmm_dis.wpd
FRANK WHITE AND SUE WHITE v. GERALD EDWARD JENKINS, II Court:TCA Attorneys: Linda G. Shown, Alcoa, Tennessee, for Appellant, Gerald Edward Jenkins, II. Melanie E. Davis and David T. Black, Maryville, Tennessee, for Appellees, Frank and Sue White. Judge: FRANKS First Paragraph: The Trial Court awarded landlord a judgment against tenant for possession, rent owing, and attorney fees. On appeal, we affirm with modifications. http://www.tba.org/tba_files/TCA/whitef.wpd
STATE OF TENNESSEE v. JONATHAN BLANCHARD Court:TCCA Attorneys: Keith D. Stewart, Knoxville, Tennessee, for the appellant, Jonathan Blanchard. Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General; and C. Berkeley Bell, District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: The Appellant, Jonathan Blanchard, was convicted in 1988 of the sale or delivery of cocaine and sentenced to seven years in prison. Following the successful completion of his sentence, the Appellant was granted a pardon by the governor of Tennessee. The Appellant subsequently petitioned for an expungement of all public records relating to his arrest and conviction. The trial court denied the Appellant's petition and the Appellant appealed as of right. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/blanchardj.wpd
SHIRLEY SPINA v. STATE OF TENNESSEE Court:TCCA Attorneys: Paul G. Summers, Attorney General and Reporter; Mark A. Fulks, Assistant Attorney General; Greeley Wells, District Attorney General; and Kent Chitwood, Assistant District Attorney General, for the appellant, State of Tennessee. Wayne Culbertson, Kingsport, Tennessee, for the appellee, Shirley Spina. Judge: WELLES First Paragraph: The Defendant, Shirley Spina, was indicted in Sullivan County for custodial interference. On the morning of trial, the trial court dismissed the charge for lack of venue. The State now appeals. We reverse the ruling of the trial court and remand this cause for further proceedings. http://www.tba.org/tba_files/TCCA/spinas.wpd
Tenn. Code Ann. S40-35-313 Date: September 16, 2002 Opinion Number: 02-099 http://www.tba.org/tba_files/AG/2002/OP99.pdf
Married Minor; Compulsory School Attendance Laws Date: September 16, 2002 Opinion Number: 02-100 http://www.tba.org/tba_files/AG/2002/OP100.pdf
Private Act Creating New Division of General Sessions Court Date: September 19, 2002 Opinion Number: 02-101 http://www.tba.org/tba_files/AG/2002/OP101.pdf
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