Opinion FlashNovember 06, 2003
Volume 9 Number 204
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
STANLEY DAVID ALFORD v. PAMELA WARD ALFORD Court:TSC Attorneys: Janice H. Snider, Morristown, Tennessee, for the appellant, Stanley David Alford. Douglas R. Beier, Morristown, Tennessee, for the appellee, Pamela Ward Alford. Judge: DROWOTA First Paragraph: We granted permission to appeal in this divorce case to determine: (1) whether the Court of Appeals erred in applying a "joint benefit" definition of marital debt and holding that debt incurred by Wife during the parties' ten-year separation was marital debt; and (2) whether the Court of Appeals correctly allocated this debt when it held that Husband should be required to pay Wife's marital debts. We hold that debts incurred by either or both spouses during the course of a marriage are properly classified as marital debt; therefore the debts at issue in this case are marital. In allocating marital debts, trial courts should consider the following four factors: (1) the debt's purpose; (2) which party incurred the debt; (3) which party benefitted from incurring the debt; and (4) which party is best able to repay the debt. Because the record does not contain sufficient evidence to determine how the debts in this case should be allocated, this case is remanded to the trial court to determine the proper allocation of the marital debts. The trial court's determination shall be guided by the four factors set out above. http://www.tba.org/tba_files/TSC/alfords.wpd
STATE OF TENNESSEE v. JOHN L. PHILLIPS, ET AL. Court:TCA Attorneys: Richard McGee and Jodie A. Bell, Nashville, Tennessee, for the appellants, John L. Phillips and Carolyn Phillips d/b/a Low Riders Club. Paul G. Summers, Attorney General and Reporter, and Richard H. Dunavant, Assistant Attorney General, for the appellee, State of Tennessee. Judge: KOCH First Paragraph: This appeal involves the forfeiture of two motorcycles and $15,910 seized by the District Attorney General for the Twentieth Judicial District as part of a proceeding to abate a motorcycle club as a nuisance. The owners of the club requested the Criminal Court for Davidson County to return the motorcycles and cash because they had not been used to maintain or conduct the motorcycle club. The trial court conducted a bench trial and ordered that the property be forfeited. The motorcycle club's owners have appealed. We have determined that the evidence supports the forfeiture order with regard to the two motorcycles and all but $680 of the cash. http://www.tba.org/tba_files/TCA/phillipsjl.wpd
LAURA C. TOTTY, ET AL. v. JOHN THOMPSON, M.D., ET AL. CORRECTED OPINION Court:TCA Attorneys: E.Covington Johnston,Jr., Franklin, Tennessee, for the appellants, Laura C. and Alvin Mitchel Totty. Michael A. Geracioti and Dale A. Tipps, Nashville, Tennessee, for the appellees, John Thompson, M.D., and Nolensville Family Care Center. Judge: CAIN First Paragraph: In this medical malpractice case, Plaintiff appeals summary judgment based upon the failure of Plaintiff's medical expert to establish the requisite familiarity with the standard of care in the community in which Defendant practices or in a similar community. We affirm the action of the trial court. http://www.tba.org/tba_files/TCA/tottylaura.wpd
STATE OF TENNESSEE v. RICHARD PHILLIP MATHER Court:TCCA Attorneys: J. Thomas Marshall, Jr., District Public Defender; and Nancy C. Meyer, Assistant District Public Defender, for the appellant, Richard Phillip Mather. Paul G. Summers, Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; James N. Ramsey, District Attorney General; and Jan G. Hicks, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: OGLE First Paragraph: The appellant, Richard Phillip Mather, pled guilty in the Anderson County Circuit Court to criminally negligent homicide. The trial court sentenced the appellant as a Range I standard offender to two years incarceration. On appeal, the appellant contends: (1) the trial court erred by failing to recuse himself from the proceedings; and (2) the trial court erred by rejecting the initial plea agreement. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/matherr.wpd
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