Opinion Flash

January 5, 2003
Volume 9 — Number 022

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
06 New Opinion(s) from the Tennessee Court of Appeals
00 New Opinion(s) from the Tennessee Court of Criminal Appeals
00 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

TBA members can get the full-text versions of these opinions three ways detailed below. All methods require a TBA username and password. If you have forgotten your password, you can look it up on-line at http://www.tba.org/getpassword.mgi . If you are a TBA member, but do not have a username and password, you can receive one online at http://www.tba.org/signup.mgi. Here's how you can obtain full-text version.
Click the URL at end of each Opinion paragraph below. This option will allow you to download the original document.

Do a key word search in the Search Link area of TBALink. This option will allow you to view and save a plain-text version of the opinion.

Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion.

Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink


	EILENE COPENHAGEN v. ROGER COPENHAGEN

Court:TCA

Attorneys:

Larry D. Crabtree, Nashville, Tennessee, for the appellant, Eilene
Copenhagen.

Lawrence D. Wilson, Nashville, Tennessee, for the appellee, Roger
Copenhagen.                          

Judge: CAIN

First Paragraph:

Appellant, former wife of Appellee, filed a Petition seeking to
convert alleged rehabilitative alimony into permanent alimony in
futuro and requesting certain other relief, including all accrued and
vested benefits in her former husband's retirement plan.  The trial
court dismissed the Petition in its entirety holding the alimony
previously awarded to be alimony in solido.  We reverse the finding as
to the character of the alimony previously awarded and affirm as to
all other relief sought.  The case is remanded to the trial court for
further proceedings.

http://www.tba.org/tba_files/TCA/copenh.wpd

CHARLES GARRISON, et al. v. JAMES C. STAMPS

Court:TCA

Attorneys:

Lawrence Alan Poindexter, Lebanon, Tennessee, for the appellant, James
C. Stamps.

Frank Lannom, Lebanon, Tennessee, for the appellees, Charles Garrison
by Next Friend and Mother, Glenda Garrison, and Glenda Carol Garrison,
Individually.                          

Judge: CAIN

First Paragraph:

Charles Garrison and James C. Stamps were involved in an automobile
accident on October 10, 1998 wherein Garrison was seriously injured. 
Stamps was uninsured, and Garrison was beneficiary of uninsured
motorists coverage under policies of insurance issued to his parents. 
With no suit ever filed against Stamps, Garrison and his parents
reached an agreement with the uninsured motorists carriers whereby the
carriers paid the limits of their uninsured motorists coverage. 
Charles Garrison being a minor, a Petition for court approval of the
settlement was filed naming Stamps as the defendant, and an Order was
entered approving the settlement.  Garrison then filed suit against
Stamps, which suit was met with a Summary Judgment Motion by Stamps
claiming that he was released from liability by the settlement Order. 
Garrison filed a Tennessee Rule of Civil Procedure  60.02 Motion
seeking to have the settlement Order revised to reflect the true facts
of the settlement.  This Motion was granted, and Stamps appeals.  We
hold that Stamps is without standing to assert any rights under the
settlement Order and, on this basis, affirm the judgment.

http://www.tba.org/tba_files/TCA/garrisonc.wpd

INSURA PROPERTY AND CASUALTY INSURANCE COMPANY v. TERRY ASHE, et al.

Court:TCA

Attorneys: 

Elliott Ozment, Nashville, Tennessee, for the appellants, Lineberry
Properties, Inc., Lawdog Communications, LLC and Dewey L. Lineerry.

Bryan Essary and Kenneth P. Flood, Nashville, Tennessee, for the
appellee, Insura Property and Casualty Insurance Company.                         

Judge: CAIN

First Paragraph:

This is a declaratory judgment action wherein Plaintiff insurance
company seeks a declaration as to coverage under its commercial
general liability insurance policy issued to Lineberry Properties,
Inc.  Defendant, Dewey Lineberry, and his wholly owned corporate
entities, Defendants Lineberry Properties, Inc. and Lawdog
Communications, LLC, sought defense and indemnity from Plaintiff
insurance company relative to a defamation, libel, slander, and
outrageous conduct complaint previously filed against them in the
Circuit Court for Wilson County, Tennessee by Defendants, Terry and
Judy Ashe.  The trial court granted summary judgment to the insurance
company holding that the general commercial liability policy provided
no coverage as to the underlying action.  We affirm the trial court.

http://www.tba.org/tba_files/TCA/insura.wpd

DONNA MANCUSO-BERTONE v. MICHAEL E. BRASWELL

Court:TCA

Attorneys:

Jon S. Jablonski, Nashville, Tennessee, for the appellant, Donna
Mancuso-Bertone.

Jessica Dawn Dugger, Lebanon, Tennessee, for the appellee, Michael A.
Braswell.                          

Judge: CAIN

First Paragraph:

The mother of a fourteen year old male child appeals the action of the
trial judge in denying her Petition for a change of custody.  The
trial court found that no material change of circumstances had been
established by the evidence that would justify change of custody.  We
affirm the action of the trial court.

http://www.tba.org/tba_files/TCA/mancusod.wpd

ALISON LOUGHEED RINNER v. ROBERT ANDREW RINNER

Court:TCA

Attorneys:

Charles G. Blackard, III, Brentwood, Tennessee, for appellant, Robert
Andrew Rinner.

Rose Palermo, Nashville, Tennessee, for appellee, Alison Lougheed
Rinner.                          

Judge: LILLARD

First Paragraph:

This is a divorce case.  The father and mother were both forty-one
years old and had a six-year-old daughter.  The trial court ordered
the father to pay rehabilitative alimony, child support, and a portion
of the mother's attorney's fees.  On appeal, the father argues that
the trial court improperly considered bonus money the father had
received, that it erred in not ordering that child support on income
in excess of $10,000 be placed in trust, that it erred in ordering him
to pay rehabilitative alimony and a portion of the mother's attorney's
fees, and also erred in failing to assign tax liability regarding
certain stock options.  We affirm the trial court's calculation of
child support, the decision not to pay a portion of the child support
into a trust, the order to pay rehabilitative alimony and a portion of
the mother's attorney's fees, and find that the trial court was not
required to assign tax liability as to the stock options.

http://www.tba.org/tba_files/TCA/rinneral.wpd

SYLVESTER YOUNG v. THE METROPOLITAN GOVERNMENT OF NASHVILLE AND
DAVIDSON COUNTY, et al.

Court:TCA

Attorneys:

Sylvester Young, Goodlettsville, Tennessee, Pro Se.

Lora Barkenbus, Nashville, Tennessee, for the appellees, Metropolitan
Sheriff's Department and Joyce Jordan.                          

Judge: CANTRELL

First Paragraph:

A prisoner allegedly slipped and fell on a wet floor in the Davidson
County Jail, injuring his back. He brought suit against the
Metropolitan Government of Nashville and Davidson County for
deprivation of civil rights and negligence.  The Chancery Court
dismissed his civil rights claim on a Rule 12.02(6) motion, and
transferred the negligence claim to Circuit Court.  After a bench
trial, the Circuit Court dismissed the negligence claim.  We affirm.

http://www.tba.org/tba_files/TCA/youngs.wpd

PLEASE FORWARD THIS E-MAIL!
Feel free to forward this Opinion Flash on to anyone you know of with an e-mail address.

GET A FULL-TEXT COPY OF AN OPINION!
See the intrsuctions at the beginning of this edition of Opinion Flash.

JOIN THE TENNESSEE BAR ASSOCIATION!
While Opinion Flash is a free service of the Tennessee Bar Association, you must be a member of the Tennessee Bar Association in order to access the full text of the opinions or enjoy the many other features of TBALink.

To join the TBA go to: http://www.tba.org/join_bar.mgi

SUBSCRIBE TO OPINION FLASH!
Would you like to receive the TBALink Opinion Flash free each day by e-mail? Anyone, whether a TBA member or not, is welcome to subscribe ... it's free! Sign up for text or HTML version.

Visit the TBALink web site at: http://www.tba.org/op-flash.mgi

UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT!

But if you must, visit the TBALink web site at: http://www.tba.org/op-flash.mgi


HomeContact UsPageFinderWhat's NewHelp
© Copyright 2003 Tennessee Bar Association