Opinion Flash

August 24, 2004
Volume 10 — Number 163

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
02 New Opinion(s) from the Tennessee Court of Appeals
01 New Opinion(s) from the Tennessee Court of Criminal Appeals
03 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


JOHN WHITNEY EVANS III v. DINAH PETREE EVANS
WITH CONCURRING OPINION

Court:TCA

Attorneys:                          

Helen Sfikas Rogers and Lana L. Lennington, Nashville, Tennessee, for
the appellant, John Whitney Evans, III.

Irene R. Haude, Nashville, Tennessee, for the appellee, Dinah Petree
Evans.

Judge: COTTRELL

First Paragraph:

In this appeal, Husband seeks to be relieved from his obligation to
pay alimony in futuro to his former wife.  In support of his request,
Husband asserts that his former wife's cohabitation with another man
terminated his obligation since Wife was being supported by that third
person and was in no need of alimony.  The trial court denied
Husband's petition finding Wife was not living with a third person,
had rebutted presumption that she does not need the alimony, and that
no material change in circumstances had occurred to warrant
modification of the initial award of alimony.  We affirm those
holdings.  However, we reverse the trial court's award of attorney's
fees to Wife.

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

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

BOBBI JO FISHER v. TENNESSEE INSURANCE COMPANY
WITH CONCURRING OPINION

Court:TCA

Attorneys:                          

Sarannah L. McMurtry, Nashville, Tennessee, for appellant, Tennessee
Insurance Company.

Timothy M. McLaughlin, Knoxville, Tennessee, for appellee, Bobbi Jo
Fisher.

Judge: INMAN

First Paragraph:

The defendant issued a policy of automobile insurance to the plaintiff
which provided coverage for liability claims and for collision damage,
but each of these insuring agreements was subject to an exclusion of
coverage if the insured automobile was being operated by a
non-licensed driver at the time of the accident giving rise to the
claim.  The plaintiff loaned her Pontiac to a non-licensed driver
under the mistaken belief that he was properly licensed.  The trial
judge found that the plaintiff reasonably believed that her permittee
had a valid driver's license and allowed recovery.  We reverse and
dismiss.

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

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

RICKY EUGENE COFER v. STATE OF TENNESSEE 

Court:TCCA

Attorneys:                          

Charles David Buckholts, Oak Ridge, Tennessee, for the appellant,
Ricky Eugene Cofer.

Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe,
Assistant Attorney General; James N. Ramsey, District Attorney
General; and Jan Hicks, Assistant District Attorney General, for the
appellee, State of Tennessee.

Judge: OGLE

First Paragraph:

The petitioner, Ricky Eugene Cofer, appeals the order of the Circuit
Court for Anderson County dismissing his post-conviction relief
petition. The State has filed a motion requesting that this Court
affirm the trial court's denial of relief pursuant to Rule 20, Rules
of the Court of Criminal Appeals. The petitioner's claim of
ineffective assistance of trial counsel was previously determined on
direct appeal.  The petition was properly dismissed.  Accordingly, the
State's motion is granted and the judgment of the trial court is
affirmed.

http://www.tba.org/tba_files/TCCA/coferre.wpd

Private Act -- General Sessions Judgeship -- Funding

Date: August 20, 2004

Opinion Number: 04-133                          

http://www.tba.org/tba_files/AG/2004/op133.pdf

"Utility Water Service" under Tenn. Code Ann. S 6-51-301(a)(1)

Date: August 20, 2004

Opinion Number: 04-134                          

http://www.tba.org/tba_files/AG/2004/op134.pdf

Recall Election for City Officials

Date: August 23, 2004

Opinion Number: 04-135                         

http://www.tba.org/tba_files/AG/2004/op135.pdf

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