Opinion FlashJuly 29, 2003Volume 9 — Number 135 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):
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. Howard H. Vogel CHERYL ANDERSON v. CARMELETHA MASON, ET AL. Court:TCA Attorneys: Bridgett A. Wohlpart, Brentwood, Tennessee, for the appellant, Carmeletha Mason. Mary Ann Reese, Nashville, Tennessee, for the appellee, Cheryl Anderson. Judge: CAIN First Paragraph: Defendant/Appellant, Carmeletha Mason, appeals from a jury verdict and judgment against her in this wrongful death action. She was the owner of a vehicle driven by her daughter, which was involved in an accident resulting in the death of David Anderson, husband of the Plaintiff/Appellee, Cheryl Anderson. Appellant asserts that her vehicle was being operated without her permission and that she was not guilty of an act of negligent entrustment. She also asserts that the trial court erred in failing to direct a verdict in her favor. We affirm the action of the trial court. http://www.tba.org/tba_files/TCA/andersoncheryl.wpd THE STATE OF TENNESSEE IN ITS OWN BEHALF AND FOR THE USE AND BENEFIT OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, TENNESSEE v. DELINQUENT TAXPAYERS AS SHOWN ON THE 1998 REAL PROPERTY TAX RECORDS OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, TENNESSEE, MTN OUTPARCEL, INC. Court:TCA Attorneys: James E. Brown, Madison, Tennessee, Pro Se. Karl F. Dean and Cristi E. Scott, Nashville, Tennessee, for the appellee, Metropolitan Government of Nashville and Davidson County. Judge: CAIN First Paragraph: In this cause, a purchaser at tax sale appeals the order of the trial court voiding its prior default judgment against the delinquent taxpayer, and voiding the conveyance of that property to the purchaser. The delinquent tax notices, as well as the notice of sale, were issued to an unintelligible address, despite the presence of the taxpayer's proper address on the special warranty deed retained in the Metropolitan Government's Assessor's Office. Upon the government's motion, notice was then attempted by publication. After the trial court had entered the decree of sale and judgment affirming sale, and after expiration of the period for the exercise of the equitable right of redemption had otherwise lapsed, the delinquent taxpayer attempted to redeem the property. The tax sale purchaser, James Brown, contested the redemption. The trial court, considering the taxpayer's Motion to Void Tax Sale as a Rule 60.02 Motion to Set Aside a Default Judgment, voided the sale. For the reasons and under the authority cited herein we affirm. http://www.tba.org/tba_files/TCA/delinquentt.wpd GEOFFREY E. GILMORE v. MARSHA K. MANGRUM Court:TCA Attorneys: C. Ronald Blanton, Hendersonville, Tennessee, for the appellant, Geoffrey E. Gilmore. Arthur E. McClellan, Gallatin, Tennessee, for the appellee, Marsha K. Mangrum. Judge: CAIN First Paragraph: This case involves an issue of change of primary residential custody of a minor child from one parent to another. Mother currently has primary residential custody. The child at issue was sexually molested by his step-brother at his Mother's residence. Father filed a petition requesting custody be changed from Mother to him. Although the trial judge found a material change of circumstances, he did not find a change of custody to be in the child's best interest and denied Father's Petition. We affirm the trial court's decision. http://www.tba.org/tba_files/TCA/gilmoregeoffrey.wpd BETTY J. JENSEN v. TRACY CITY, TENNESSEE, A MUNICIPALITY Court:TCA Attorneys: Robert S. Peters and Mickey Hall, Winchester, Tennessee, for the appellant, Betty J. Jensen. Steven M. Roderick and Stacy Lynn Archer, Chattanooga, Tennessee, for the appellee, Tracy City, Tennessee. Judge: CANTRELL First Paragraph: This is an action under the Governmental Tort Liability Act against Tracy City for an accident allegedly caused by the accumulation of gravel on a city street at the bottom of a steep hill. The Circuit Court of Grundy County granted the City summary judgment. We reverse and remand for further proceedings. http://www.tba.org/tba_files/TCA/jensenbj.wpd ELIZABETH CONWAY SNODGRASS v. ALLEN HOWARD FREEMON Court:TCA Attorneys: Barbara Freemon, Nashville, Tennessee, for the appellant, Allen Howard Freemon. Andrew Hoover, Pulaski, Tennessee, for the appellee, Elizabeth Conway Snodgrass. Judge: CAIN First Paragraph: Defendant/Cross-Claimant appeals the action of the trial court in holding that Cross-Claimant had not carried his burden of proof to establish adverse possession of the property in issue. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCA/snodgrasseliz.wpd STATE OF TENNESSEE v. PATRICK DESHUN PARIS, ALIAS PATRICK DESHON PARRIS Court:TCCA Attorneys: Jeffrey Schaarschmidt, Chattanooga, Tennessee, for the appellant, Patrick Deshun Paris, Alias Patrick Deshon Parris. Paul G. Summers, Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; William H. Cox, III, District Attorney General; and Lila Statom and Dean C. Ferraro, Assistant District Attorneys General, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: A jury found the defendant guilty of first degree premeditated murder, first degree felony murder, and especially aggravated robbery. The two first degree murder convictions merged, and the jury sentenced the defendant to life without the possibility of parole. The trial court sentenced the defendant to twenty-four years for especially aggravated robbery, to run concurrently with his previous sentence for abuse of a corpse. The defendant argues that the trial court erred in failing to suppress an incriminating statement he made on December 2, 1998, that the jury charge regarding criminal responsibility was in error and that his sentencing was erroneous. We affirm the judgments of the trial court. http://www.tba.org/tba_files/TCCA/paris.wpd TOMMY JOE WALKER v. STATE OF TENNESSEE Court:TCCA Attorneys: Joseph Liddell Kirk, Knoxville, Tennessee, for the Appellant, Tommy Joe Walker. Paul G. Summers, Attorney General & Reporter; Elizabeth B. Marney, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Roger D. Moore, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WITT First Paragraph: Convicted in 1990 of first-degree felony murder, aggravated robbery, and conspiracy to commit aggravated robbery, the petitioner, Tommy Joe Walker, appeals the Knox County Criminal Court's dismissal of his petition for post-conviction relief, through which he claimed that ineffective assistance of trial counsel fouled his convictions. Because the record supports the denial of post- conviction relief, we affirm. http://www.tba.org/tba_files/TCCA/walkertommyjoe.wpd Student Eligibility for Enrollment in Type 1 Charter School Date: July 24, 2003 Opinion Number: 03-090 http://www.tba.org/tba_files/AG/2003/op90.pdf Application of Open Meetings Act to Economic Development Board Date: July 24, 2003 Opinion Number: 03-091 http://www.tba.org/tba_files/AG/2003/op91.pdf PLEASE FORWARD THIS E-MAIL! GET A FULL-TEXT COPY OF AN OPINION! JOIN THE TENNESSEE BAR ASSOCIATION! SUBSCRIBE TO OPINION FLASH! UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT! But if you must, visit the TBALink web site at: http://www.tba.org/op-flash.mgi Home • Contact Us • PageFinder • What's New • Help |
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