Opinion Flash

July 6, 2004
Volume 10 — Number 128

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
01 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
01 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
03 New Opinion(s) from the Tennessee Court of Appeals
00 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

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.

Do a key word search in the Search Link area of TBALink. This option will allow you to view and save a plain-text version of the opinion.

Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion.

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


JAMES WALTER YOUNG v. NASHVILLE ELECTRIC SERVICE

Court:TSC - Workers Comp Panel

Attorneys:                          

Catherine Hughes and Joseph M. Dalton, Nashville, Tennessee for
Appellant, James Walter Young.

Cyrus Lucius Booker and Tara Nicole Gillespie, Nashville, Tennessee,
for Appellee, Nashville Electric Service.

Judge: WALLACE

First Paragraph:

In this workers' compensation appeal, the Special Workers'
Compensation Appeals Panel ("Appeals Panel") affirmed the trial
court's judgment, finding that the employee failed to carry his burden
of proof as to causation.  The employee has filed a motion for review
pursuant to Section 50- 6-225(e)(5)(B), Tennessee Code Annotated
(Supp. 2003).  That statute requires that a motion for review be filed
within fifteen days of the issuance of the Appeals Panel's decision. 
We hold that the fifteen-day period for filing a motion for review is
jurisdictional and that the Court therefore is without jurisdiction to
consider a motion that is not timely filed.

http://www.tba.org/tba_files/TSC_WCP/youngjamesw.wpd

SUPREME COURT OF TENNESSEE
SUPREME COURT DISCRETIONARY APPEALS

Court:TSC - Rules

http://www.tba.org/tba_files/TSC_Rules/certlist_0706.wpd

IN RE:  A.M.T., Z.T.R., AND K.W.T. 
WITH CONCURRING OPINION

Court:TCA

Attorneys:                          

Nick Perenich, Nashville, Tennessee, for the appellant, K.L.T., the
mother.

Paul G. Summers, Attorney General and Reporter; and Elizabeth C.
Driver, Office of the Attorney General, for the appellee, Tennessee
Department of Children's Services

Thomas H. Miller, Nashville, Tennessee, guardian ad litem.

Judge: CLLEMENT

First Paragraph:

Two children were placed in the custody of the Department of
Children's Services because of the mother's inability to provide
stable and sanitary housing.  The Department established permanency
plans whereby the mother would obtain and maintain stable and sanitary
housing, pay child support, attend parenting classes, work with
Homemaker Services to learn how to keep the home clean, obtain a
parenting assessment, and undergo counseling for her mental health
issues.  A third child was born while the mother's other two children
were in the Department's custody.  This child was born prematurely and
required extensive hospitalization and was also placed in the
Department's custody.  The Department filed a petition to terminate
the mother's parental rights as to all three children, which the
juvenile court granted on the grounds of abandonment due to failure to
pay child support, failing to comply with the permanency plans and
persistent conditions.  We reverse the juvenile court's finding of
abandonment, but affirm the termination of parental rights based on
persistent conditions and failure to comply with the permanency plan. 
We also affirm the juvenile court's finding that termination of the
mother's parental rights is in the best interests of the children.

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

CONCURRING OPINION
http://www.tba.org/tba_files/TCA/amt_con.wpd

DAVID BLURTON AND WIFE, VIRGINIA BLURTON v. GRANGE INSURANCE &
CASUALTY COMPANY

Court:TCA

Attorneys:                          

Robert O. Binkley, Jr., and Latosha Mason Dexter, Jackson, Tennessee,
for the appellant, Grange Insurance & Casualty Company.

William L. Hendricks, Jr., Memphis, Tennessee, for the appellees,
David Blurton and wife, Virginia Blurton.

Judge: KIRBY

First Paragraph:

This is a declaratory judgment action to establish coverage under an
insurance policy.  The plaintiffs' home was insured by a homeowners
policy with the defendant insurance company.  The insurance company
canceled the policy for nonpayment of the premium and claimed that it
mailed a notice of cancellation to the insureds at that time.  Six
months later, the plaintiffs' home was damaged by fire, and they filed
a claim on their policy.  The insurance company denied the claim.  The
plaintiffs filed this lawsuit to recover on the policy, asserting that
they never received the cancellation notice, and that the insurance
company did not properly cancel the policy.  At trial, the insurance
company representative testified about the company's customary routine
of sending cancellation notices, and it was undisputed that the
insurance agent and the mortgagees received notices.  The trial court
held in favor of the plaintiffs based on, among other things, its
determination that the insurance company did not prove that it had
mailed a cancellation notice to the plaintiffs.  The insurance company
now appeals.  We reverse, finding that the evidence preponderates in
favor of a finding that the cancellation notice was mailed to the
plaintiffs.

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

STATE OF TENNESSEE, DEPARTMENT OF CHILDREN'S SERVICES v. K.L.K.

Court:TCA

Attorneys:                          

Cara C. Welsh, Chattanooga, Tennessee, for the Appellant K.L.K.

Paul G. Summers, Attorney General and Reporter, and Douglas Earl
Dimond, Assistant Attorney General, Nashville, Tennessee, for the
Appellee State of Tennessee, Department of Children's Services.

Judge: SWINEY

First Paragraph:

This appeal by K.L.K. ("Mother") challenges the Juvenile Court's
conclusion that there was clear and convincing evidence to terminate
Mother's parental rights on three statutory grounds, and further
challenges that there was clear and convincing evidence that
termination of Mother's parental rights was in her daughter's best
interest.  We conclude there was no clear and convincing evidence to
terminate Mother's parental rights on two of the three grounds relied
upon by the Juvenile Court, but that there was clear and convincing
evidence to support the third ground.  However, we also conclude there
was no clear and convincing evidence that termination of Mother's
parental rights was in the best interest of the child.  The judgment
of the Juvenile Court is, therefore, reversed.

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

PLEASE FORWARD THIS E-MAIL!
Feel free to forward this Opinion Flash on to anyone you know of with an e-mail address.

GET A FULL-TEXT COPY OF AN OPINION!
See the intrsuctions at the beginning of this edition of Opinion Flash.

JOIN THE TENNESSEE BAR ASSOCIATION!
While Opinion Flash is a free service of the Tennessee Bar Association, you must be a member of the Tennessee Bar Association in order to access the full text of the opinions or enjoy the many other features of TBALink.

To join the TBA go to: http://www.tba.org/join_bar.mgi

SUBSCRIBE TO OPINION FLASH!
Would you like to receive the TBALink Opinion Flash free each day by e-mail? Anyone, whether a TBA member or not, is welcome to subscribe ... it's free! Sign up for text or HTML version.

Visit the TBALink web site at: http://www.tba.org/op-flash.mgi

UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT!

But if you must, visit the TBALink web site at: http://www.tba.org/op-flash.mgi


HomeContact UsPageFinderWhat's NewHelp
© Copyright 2004 Tennessee Bar Association