Opinion Flash

August 12, 2004
Volume 10 — Number 155

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
05 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


DEBRA LYNN LAWSON GORMAN v. RICHARD EUGENE GORMAN

Court:TCA

Attorneys:                          

Christopher P. Capps, Morristown, for Appellant Richard Eugene Gorman.

J. Randall Shelton, Morristown, for Appellee Debra Lynn Lawson Gorman.

Judge: LEE

First Paragraph:

This is a post-divorce custody case wherein the Trial Court denied the
Father's petition for change of custody and denied the Mother's
petition for payment of uncovered medical expenses and attorney fees. 
Both parties appealed.  We have determined that the Trial Court did
not err and we affirm its decision.

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

MARK K. McGEHEE v. JULIE A. McGEHEE

Court:TCA

Attorneys:                          

Jes Beard, Chattanooga, for Appellant Mark K. McGehee.

Vicki L. James, Stuart F. James and Michelle C. McFadyen, Chattanooga,
for Appellee Julie A. McGehee.

Judge: LEE

First Paragraph:

In this divorce case, Mark K. McGehee ("Father") appeals the Trial
Court's order regarding child support, its award of primary
residential parenting responsibility to Julie A. McGehee ("Mother"),
the propriety of the Court's decision  to amend its final decree of
divorce  pursuant to Mother's  Tenn.R.Civ.P. 60 motion and the
granting of  Tenn.R.Civ.P. 11 sanctions against Father's attorney. We
reverse the order of sanctions and affirm the Court's judgment in all
other respects.

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

R.D.T., ET AL. v. F.A.J. IN RE: E.D.J.

Court:TCA

Attorneys:                          

Edward Kershaw, Greeneville, Tennessee, for the Appellant, F.A.J.

Jonathan R. Perry and Laura D. Perry, Franklin, Tennessee, for the
Appellees, R.D.T. and S.A.T.

Judge: SWINEY

First Paragraph:

F.A.J. ("Mother"), the biological mother of E.D.J., consented to give
up her newborn baby for adoption to R.D.T. and S.A.T. ("Plaintiffs"). 
Within the ten day revocation period allowed by statute, Mother
changed her mind and executed a revocation.  Plaintiffs filed a
verified complaint showing cause why E.D.J. likely would suffer
immediate harm to her health and safety if returned to Mother.  After
a probable cause hearing, the Trial Court held E.D.J. likely would
suffer immediate harm to her health and safety if returned to Mother
and directed that E.D.J. remain with Plaintiffs.  An agreed order for
a plan of care was entered.  Plaintiffs later filed a petition to
terminate Mother's parental rights to E.D.J.  After trial, the Trial
Court held multiple grounds for termination were proven by clear and
convincing evidence and that it was in the best interest of E.D.J. to
terminate Mother's parental rights.  Mother appeals the termination of
her parental rights.  We affirm.

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

IN RE: ESTATE OF ALTON WAYNE SADDLER, DECEASED

Court:TCA

Attorneys:                          

Betty Lou Taylor, Hartsville, Tennessee, for the appellant, Estate of
Alton Wayne Saddler.

Sue N. Puckett-Jernigan, Smithville, Tennessee, for the appellee,
Paula Saddler.

Judge: COTTRELL

First Paragraph:

The niece of a decedent filed a claim against his estate, contending
that she was entitled to compensation for allowing her late uncle to
live rent-free for more than four years in a house that she inherited
from another uncle.  The trial court granted her claim.  We reverse.

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

Authority of School Board to Hold Referendum on County Property Tax
Rate

Date: August 10, 2004

Opinion Number: 04-125                         

http://www.tba.org/tba_files/AG/2004/op125.pdf

Responsibility to Maintain Records of State Employee Sick Leave for
Retirement Purposes

Date: August 11, 2004

Opinion Number: 04-126                         

http://www.tba.org/tba_files/AG/2004/op126.pdf

DCS and Juvenile Court Authority Make Decisions About Children's
Extraordinary Medical Care

Date: August 11, 2004

Opinion Number: 04-127                         

http://www.tba.org/tba_files/AG/2004/op127.pdf

Regulation of Medical Clinics

Date: August 11, 2004

Opinion Number: 04-128                         

http://www.tba.org/tba_files/AG/2004/op128.pdf

Civil Rights Intimidation; Harassment

Date: August 11, 2004

Opinion Number: 04-129                         

http://www.tba.org/tba_files/AG/2004/op129.pdf

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