Opinion Flash

February 23, 2004
Volume 10 — Number 035

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
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

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


FRED SLAUGHTER, ET AL. v. LAURA LEIGH SLAUGHTER, ET AL.

Court:TCA

Attorneys:                          

Keith D. Stewart, Knoxville, Tennessee, for the Appellant, Daniel
Bruce Crowe

Todd A. Covert, Knoxville, Tennessee, for the Appellee, Laura Leigh
Slaughter

Judge: GODDARD

First Paragraph:

In this appeal from the Chancery Court for Washington County the
Appellant, Daniel Bruce Crowe, contends that the Chancery Court erred
in finding Mr. Crowe and his attorney in contempt and in its award of
attorney fees.  We affirm and remand.

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

FORREST L. WHALEY & MARGARET ANN WHALEY v. FIRST AMERICAN TITLE
COMPANY OF MID-WEST

Court:TCA

Attorneys:                          

Richard M. Carter, Curt R. Soefker, Memphis, TN, for Appellants

Michael C. Patton, Thomas F. Barnett, Memphis, TN, for Appellee

Judge: HIGHERS

First Paragraph:

This case involves a claim under a title insurance policy.  Plaintiffs
purchased a residence located on a two acre lot, which, they later
discovered, had been improperly subdivided from a preexisting 74 acre
tract.  As a result of the improper subdivision of their lot,
Plaintiffs are unable to obtain a building permit to construct any
improvements upon the property.  Plaintiffs then filed a claim under
their title insurance policy with Defendant.  The claim was denied,
and the Plaintiffs subsequently filed suit.  After considering
pleadings, affidavits, and deposition transcripts, the lower court
granted Defendant's motion for summary judgment, finding as a matter
of law that the policy at issue does not cover the improper
subdivision of land.  For the following reasons, we affirm the ruling
of the trial court.

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

STATE OF TENNESSEE v. DAVID G. HOUSLER

Court:TCCA

Attorneys:                          

Michael E. Terry, Nashville, Tennessee, for the appellee, David G.
Housler.

Paul G. Summers, Attorney General & Reporter; Elizabeth Ryan,
Assistant Attorney General; and John Carney, District Attorney General
for the appellant, State of Tennessee.

Judge: SMITH

First Paragraph:

This court granted the State of Tennessee's application for an appeal
pursuant to Tennessee Rule of Appellate Procedure 10.  The State is
seeking reversal of the order of the Montgomery County Circuit Court
which supplemented the appellate record in the defendant's direct
appeal with the transcript of the trial in the case of State v.
Courtney Matthews, Montgomery County Circuit Court No. 33791. 
Although Housler and Matthews were both charged in the homicides of
four Taco Bell employees in Clarksville, Tennessee, the pair was tried
separately, and the transcript of Matthews' trial was never introduced
into evidence at any stage of the Housler trial or at any post- trial
proceedings involving Housler.  As a result, the order of the
Montgomery County Circuit Court is REVERSED and VACATED, and the clerk
of this court is ORDERED to return to the Montgomery County Circuit
Court Clerk the transcript of the trial in State v. Courtney Matthews,
Montgomery County Circuit Court No. 33791.

http://www.tba.org/tba_files/TCCA/houslerdavid.wpd

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