Opinion FlashApril 16, 2004
Volume 10 Number 074
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
KENNETH W. MITCHELL, et al. v. HOMER E. CHANCE, et al. Court:TCA Attorneys: George E. Copple, Jr., Nashville, Tennessee, for the appellants, Kenneth W. Mitchell and Michael S. Clement. John Lee Williams, Waverly, Tennessee, for the appellees, Homer E. Chance and Chance Limited Partnership. Judge: KOCH First Paragraph: This appeal involves a dispute between neighbors regarding the use of a county road in rural Humphreys County. After one of the landowners began to use the road to cross the neighboring landowners' property, the neighboring landowners erected barricades in the road and later filed a trespass action in the Chancery Court for Humphreys County. The landowners who desired to use the road counterclaimed to establish their right of way along the road. Following a bench trial, the trial court sided with the landowners desiring to use the road. On this appeal, the landowners who desire to prevent the use of the road take issue with the trial court's refusal to consider parol evidence regarding the meaning of the references to the road in the deeds. We affirm the trial court's decision that the references to the road in the deeds are not ambiguous, as well as its decision to admit extrinsic evidence to determine the location of the road. We have also determined that the evidence fully supports the trial court's decision regarding the location and dimensions of the road. http://www.tba.org/tba_files/TCA/mitchelk.wpd
STATE OF TENNESSEE V. MARY LUCINDA WASHINGTON Court:TCCA Attorneys: Periann S. Houghton, Trenton, Tennessee, for the appellant, Mary Lucinda Washington. Paul G. Summers, Attorney General & Reporter; Thomas E. Williams, III, Assistant Attorney General; Gary Brown, District Attorney General; and Edward L. Hardister, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: SMITH First Paragraph: The defendant was convicted of reckless homicide for the stabbing death of her adult daughter. The trial court sentenced the defendant to a maximum sentence of four years for a Class D felony as a Range I offender. The defendant appeals this sentence claiming it is excessive and that the trial court erred in permitting the judge who presided over the defendant's preliminary hearing to testify at the sentencing hearing. We find these issues do not merit a reversal of this case and affirm the trial court's decision to impose the maximum sentence. http://www.tba.org/tba_files/TCCA/washingt.wpd
Amendment 9 to Senate Joint Resolution 127 Date: March 31, 2004 Opinion Number: 04-056 http://www.tba.org/tba_files/AG/2004/op56.pdf
Preemption and Visitorial Rules of the Comptroller of the Currency Date: April 6, 2004 Opinion Number: 04-057 http://www.tba.org/tba_files/AG/2004/op57.pdf
Amendment to Municipal Incorporation Statute Date: April 6, 2004 Opinion Number: 04-058 http://www.tba.org/tba_files/AG/2004/op58.pdf
Effect of Federal Banking Rules on State Predatory Lending Laws Date: April 7, 2004 Opinion Number: 04-059 http://www.tba.org/tba_files/AG/2004/op59.pdf
Authority of Board of Accountancy to Hire or Terminate Executive Director and Board Staff Date: April 8, 2004 Opinion Number: 04-060 http://www.tba.org/tba_files/AG/2004/op60.pdf
Rejection of House Bill 2651 Date: April 8, 2004 Opinion Number: 04-061 http://www.tba.org/tba_files/AG/2004/op61.pdf
Constitutionality of Proposed Amendment to HB 2543 Regarding Marriage License Fee Exception Date: April 13, 2004 Opinion Number: 04-062 http://www.tba.org/tba_files/AG/2004/op62.pdf
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