Opinion Flash

July 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):
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
04 New Opinion(s) from the Tennessee Court of Appeals
00 New Opinion(s) from the Tennessee Court of Criminal Appeals
07 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


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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