Opinion FlashJuly 23, 2004
Volume 10 Number 141
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
TERESA BARGER v. LINDA MCGINNIS, et al. Court:TCA Attorneys: Linda McGinnis, Pro se Judge: FRANKS First Paragraph: The Trial Court awarded plaintiff Judgment against defendants. On appeal defendants sought to reverse Judgment of the Trial Court. No transcript of evidence was filed. We affirm the Judgment of the Trial Court. http://www.tba.org/tba_files/TCA/bargerteresa.wpd
IN RE: D.L.L. & R. H. F. Court:TCA Attorneys: Christi L. Dalton, Hartsville, Tennessee, for the appellant, J.O.C. Paul G. Summers, Attorney General and Reporter; Douglas Earl Dimond, Assistant Attorney General, for the appellee, Department of Children's Services. Judge: COTTRELL First Paragraph: The trial court terminated the parental rights of a mother to her two teenage sons on the grounds of abandonment, failure to comply with the permanency plan, and failure to remedy the conditions that led to the children being removed from her custody. After thoroughly examining the record, we agree with the trial court that all those grounds have been proved by clear and convincing evidence and that it is in the best interest of the children that the mother's parental rights be terminated. We also find that the Department of Children's Services made reasonable efforts to assist the mother, but that her own lack of honest effort rendered that assistance ineffective. We accordingly affirm the trial court. http://www.tba.org/tba_files/TCA/dll.wpd
AMELIA SWAFFORD v. BOBBY M. JOHNSON, ET AL. Court:TCA Attorneys: Christopher R. Fox, Jason S. Mangrum, Lebanon, Tennessee, for the appellant, Amelia E. Swafford. Bobby M. Johnson, Betty A. Johnson and Old Hickory Engineering & Machine Co., Inc., Pro Se Appellees Judge: CAIN First Paragraph: The instant appeal was stayed in 1999 by this Court's order upon suggestion of bankruptcy. The stay has been lifted, and the case proceeds on Amelia Swafford's appeal from the trial court's order in favor of the defendants Bobby and Betty Johnson and Old Hickory Engineering & Machine Co., Inc. ("OHEMCO"). We reverse the trial court. http://www.tba.org/tba_files/TCA/swaffordameila.wpd
MISTY DAWN ALLEN VILLANEUVA v. JEFFERY SCOTT ALLEN Court:TCA Attorneys: John W. Cleveland, Sweetwater, Tennessee, for Appellant. Kimberlee A. Waterhouse, Lenoir City, Tennessee, for Appellee. Judge: FRANKS First Paragraph: In this child custody dispute, the Trial Court determined there was a substantial material change in circumstances and designated father as primary caregiver. On appeal, we affirm. http://www.tba.org/tba_files/TCA/villaneuvmda.wpd
Over-the-Counter Sale of Non-Corrective, Decorative/Cosmetic Contact Lenses Date: July 19, 2004 Opinion Number: 04-115 http://www.tba.org/tba_files/AG/2004/op115.pdf
Imposition of Civil Penalty for Violation of Hamilton County Hotel-Motel Tax Act Date: July 20, 2004 Opinion Number: 04-116 http://www.tba.org/tba_files/AG/2004/op116.pdf
Admission to Bail after Waiver of Extradition Date: July 20, 2004 Opinion Number: 04-117 http://www.tba.org/tba_files/AG/2004/op117.pdf
Admissibility of Laboratory Reports Date: July 20, 2004 Opinion Number: 04-118 http://www.tba.org/tba_files/AG/2004/op118.pdf
Waivers for Certification of Reserve/Part-time/Full-time Law Enforcement Officers Date: July 20, 2004 Opinion Number: 04-119 http://www.tba.org/tba_files/AG/2004/op119.pdf
State Senate Residency Requirements Date: July 20, 2004 Opinion Number: 04-120 http://www.tba.org/tba_files/AG/2004/op120.pdf
Local government use of federal general service administration contracts; Tenn. Code Ann. S 12-3- 1001(c) Date: July 22, 2004 Opinion Number: 04-121 http://www.tba.org/tba_files/AG/2004/op121.pdf
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