Opinion FlashAugust 26, 2004
Volume 10 Number 165
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
IN THE MATTER OF: B.G.J. (DOB: March 16, 1993) Court:TCA Attorneys: Kevin W. Shepherd, Maryville, Tennessee, for the appellant, R.G.J. John W. Cleveland, Sweetwater, Tennessee, for the appellees, G.M. and P.M. No appearance by guardian ad litem for B.G.J. Judge: SUSANO First Paragraph: The trial court terminated the parental rights of R.G.J. ("Mother"), with respect to her minor child, B.G.J. (DOB: March 16, 1993), and placed custody of the child with the child's maternal grandparents, G.M. and P.M. ("the grandparents"). Mother appeals, arguing, inter alia, that the trial court erred in finding that Mother had committed severe child abuse, which justified the termination of her parental rights. We affirm. http://www.tba.org/tba_files/TCA/bgj.wpd
KEVIN EDWARD CRAIG v. JULIE ANN CRAIG Court:TCA Attorneys: Franz F. Springmann, Sr., Sevierville, Tennessee, for the Appellant Kevin Edward Craig. L. Caesar Stair, III, and Margo J. Maxwell, Knoxville, Tennessee, for the Appellee Julie Ann Craig. Judge: SWINEY First Paragraph: The Trial Court awarded a divorce to Kevin Edward Craig ("Husband") based on the admitted adultery of Julie Ann Craig ("Wife") and after specifically finding Wife was not telling the truth regarding her allegations of inappropriate marital conduct by Husband. The Trial Court concluded it was in the best interests of the children to designate Wife as the primary residential parent of the parties' two minor sons. The Trial Court also determined how much equity was in the marital residence and awarded one-half of the entire amount to Wife, even though the property was owned by Husband and both of his parents. The Trial Court refused to award Wife any attorney fees. We modify the award to Wife of one-half of the entire equity in the marital residence. We affirm the Trial Court's award of a divorce to Husband and its judgment designating Wife as the primary residential parent. http://www.tba.org/tba_files/TCA/craigk.wpd
IN RE: THE ESTATE OF SHERMAN FETTERMAN v. JOHNNY KING Court:TCA Attorneys: Johnny V. Dunaway, LaFollette, Tennessee, for Appellant. Ronald L. Grimm, Knoxville, Tennessee, and George H. Buxton, Oak Ridge, Tennessee, for Appellees. Judge: FRANKS First Paragraph: The Trial Court awarded Estate Judgment for attorney's fees based on Decedent's contingency fee contract with Defendant. On appeal, we vacate and remand to establish fees under the theory of quantum meruit. http://www.tba.org/tba_files/TCA/fetterm.wpd
JOHNNY KING, ET AL. v. STEVE LANTER, ET AL. Court:TCA Attorneys: Andrew N. Hall, Wartburg, Tennessee, for the appellants, Steve Lanter, Dessell Lanter, and Carol Stigall. Janette L. Taylor, Oneida, Tennessee, for the appellees, Johnny King and Dorothy King. Judge: SUSANO First Paragraph: This is a boundary line dispute with ancillary issues. Following a bench trial, the court resolved the location of the parties' common north-south boundary line and the other issues. Both parties raise issues on appeal. We affirm. http://www.tba.org/tba_files/TCA/kingj1.wpd
MICHAEL R. MITCHELL v. WILLIAM H. HENEGAR, D/B/A HENEGAR REALTY COMPANY; AND GENEVA BROWN, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF FRED BROWN Court:TCA Attorneys: Sandra G. Olive, Knoxville, Tennessee, for Appellant. Dail R. Cantrell, Clinton, Tennessee, for Appellee. Judge: FRANKS First Paragraph: Plaintiff sought rescission of a purchase of real property, and damages pursuant to the Consumer Protection Act. The Trial Court held plaintiff failed to carry his burden of proof on the issues presented. On appeal, we affirm. http://www.tba.org/tba_files/TCA/mitche.wpd
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