Opinion FlashAugust 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):
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Howard H. Vogel
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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