Opinion Flash

August 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):
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
05 New Opinion(s) from the Tennessee Court of Appeals
00 New Opinion(s) from the Tennessee Court of Criminal Appeals
00 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


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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