Opinion FlashJuly 21, 2003
Volume 9 Number 129
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_0721.wpd
CITIFINANCIAL MORTGAGE COMPANY, INC. v. JOHN E. FIELDS, ET AL. Court:TCA Attorneys: John Elton Fields, Pro Se Julie G. Moss, Memphis, For Appellees, Citifinancial Mortgage Company, Inc. Judge: CRAWFORD First Paragraph: Holder of mortgage, after purchasing property at foreclosure, filed detainer suit in general sessions court for possession of property. Judgment for possession was granted on September 12, 2002. Mortgage-debtor filed an appeal to the circuit court on October 14, 2002. On motion of former mortgage holder and present owner of property, the circuit court dismissed the appeal as untimely filed. Former property owner appeals. We affirm. http://www.tba.org/tba_files/TCA/citifi.wpd
MIKE HALL and CONNIE HALL v. CLIFFORD HOUSTON Court:TCA Attorneys: David E. Danner, Nashville, Tennessee for the appellants, Clifford Houston. D. Scott Porch, IV, Columbia, Tennessee, for the appellees, Mike Hall and Connie Hall. Judge: SHIPLEY First Paragraph: Defendant, Clifford Houston executed a lease and contract to purchase real property with the plaintiffs Connie and Mike Hall. Upon failure to pay the entire amount of the rent and allow an inspection, the plaintiffs filed a detainer warrant, which the general sessions court granted. The case was appealed to the circuit court where the judge affirmed the award of possession to the plaintiffs, and ordered the forfeiture of the initial deposit in the purchase agreement. Defendant, Houston, appealed the trial court's decision.We affirm the possession, the judgment for unpaid rent, reverse the deposit award and remand the case for determination of attorney's fees. http://www.tba.org/tba_files/TCA/hallmike.wpd
IN THE MATTER OF THE ESTATE OF MARTHA L. LACEY, DECEASED Court:TCA Attorneys: Paul G. Summers, Attorney General and Reporter, L. Vincent Williams, Special Deputy Attorney General, For Appellant, Tennessee State Veterans Homes Board Harold E. Dorsey, Humbodt, For Appellee, Estate of Martha L. Lacey, Deceased Judge: CRAWFORD First Paragraph: Claimant, State of Tennessee, filed a claim against the estate of the deceased pursuant to T.C.A. S 30-2-306(c), and the Co-Administrators of estate excepted to the claim. The chancery/probate court denied the claim as time barred. Claimant appeals. We reverse. http://www.tba.org/tba_files/TCA/lacey.wpd
VICKIE LYNN NASH v. THOMAS STEPHEN NASH Court:TCA Attorneys: Jerrold L. Becker, Knoxville, Tennessee, for the Appellant, Thomas Stephen Nash John D. Lockridge, Knoxville, Tennessee, for the Appellee, Vickie Lynn Nash Judge: GODDARD First Paragraph: This appeal of a judgment for divorce entered by the Knox County Circuit Court questions whether the Trial Court erred in its classification and division of a 401(k) retirement account and in its award of rehabilitative alimony. We affirm in part, modify in part and remand. http://www.tba.org/tba_files/TCA/nashv.wpd
STATE OF TENNESSEE v. MARCUS ROGERS Court:TCCA Attorneys: Gerald Stanley Green, Memphis, Tennessee, for the Appellant, Marcus Rogers. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; J. Ross Dyer, Assistant Attorney General; William L. Gibbons, District Attorney General; and Patience Branham, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: HAYES First Paragraph: The Appellant, Marcus Rogers, was convicted by a Shelby County jury of second degree murder and two counts of attempted second degree murder. Following a sentencing hearing, the trial court imposed an effective sentence of thirty-four years for these crimes. On appeal, he argues that the evidence produced at trial was insufficient to support the verdicts. After review, we find the evidence sufficient and affirm the judgments of the trial court. http://www.tba.org/tba_files/TCCA/rogersm.wpd
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