Opinion Flash

March 26, 2003
Volume 9 — Number 053

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
02 New Opinion(s) from the Tennessee Court of Appeals
01 New Opinion(s) from the Tennessee Court of Criminal Appeals
02 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




Virginia Lee Story, Franklin, Tennessee, for the appellant, Sue Ann

James T. DuBois, D. Scott Porch, IV, Columbia, Tennessee, for the
appellee, John M. Bowser.                         


First Paragraph:

Prior to a determination on a complaint for divorce filed by Ms.
Bowser, the trial court found the parties to be married pursuant to
the common law of Ohio after their first divorce in that state in
1984.  The trial court then classified and distributed the marital
property and denied Ms. Bowser's request for rehabilitative or in
futuro alimony.  We affirm the decision of the trial court finding
that a common law marriage existed, affirm the trial court's
distribution of property, modify the alimony decision and remand the
cause for further proceedings consistent with this opinion.

LEROY McBEE v. DAVID ELLIOTT, et al. Court:TCA Attorneys: Jerre M. Hood, Winchester, Tennessee, for the appellants, David Elliott and Sharon N. Elliott. Paul Cross, Monteagle, Tennessee, for the appellee, Leroy McBee. Judge: CANTRELL First Paragraph: In this case, a brother and sister dispute who is the actual owner of property formerly owned by their deceased parents. We are asked to decide if the trial court properly relied upon promissory estoppel and adverse possession to recognize that the brother had a defense to this claim for possession. We affirm the decision of the trial court. http://www.tba.org/tba_files/TCA/mcbeel.wpd
STATE OF TENNESSEE v. GEORGE H. HUTCHINS Court:TCCA Attorneys: Stephen M. Wallace, District Public Defender (on appeal); Joseph F. Harrison, Assistant Public Defender (on appeal); and Burkett C. McInturff, Kingsport, Tennessee (at trial), for the appellant, George H. Hutchins. Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and B. Todd Martin, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: The defendant was convicted of violation of an habitual motor vehicle offender order, a Class E felony, and sentenced to two years as a Range I, standard offender in the Department of Correction. He argues on appeal that the trial court improperly set his sentence at the maximum by failing to give adequate weight to applicable mitigating factors and erred in denying his request for full probation or other alternative sentencing. Based on our review, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/hutchinsgeorge.wpd
Action by the Four Lake Regional Industrial Development Authority Date: March 24, 2003 Opinion Number: 03-029 http://www.tba.org/tba_files/AG/2003/OP29.pdf
State Lottery -- Application of discrimination law to lottery scholarship program Date: March 25, 2003 Opinion Number: 03-030 http://www.tba.org/tba_files/AG/2003/OP30.pdf

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