Opinion FlashAugust 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):
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Howard H. Vogel
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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