Opinion Flash

September 9, 2004
Volume 10 — Number 174

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


JOANN POTTS, ET AL. v. WALTER ANSEL ROGERS, JR., ET AL.

Court:TCA

Attorneys:                          

Gary R. Patrick, Chattanooga, Tennessee, for appellant, Walter Ansel
Rogers, Jr.

John C. Cavett, Jr., attorney for appellees, Joann Potts, Wanda Sue
Gann, Donnie Rogers, George Rogers, and Darlene Parrott.

Allen L. McCallie, Chattanooga, Tennessee, attorney for appellee,
North Chickamauga Creek Conservancy.

Judge: INMAN

First Paragraph:

In 1987 six (6) siblings acquired by intestate succession, a 115-acre
tract, mostly flood plain unimproved land bordering North Chickamauga
Creek near Hixson, Tennessee.  Five (5) of the owners filed a
partition action against their brother whose residence adjoined an
upland portion of the 115 acres that was not subject to flooding.  A
consent judgment was entered in 1998 that the entire acreage would be
sold and the net proceeds divided equally among the six (6) owners. 
But the consent judgment also provided that if no offer to purchase
for $1,734,150.00 was received, the property would not be sold without
unanimous consent or upon further order of the court.  Four years
later the North Chickamauga Creek Conservancy offered $800,000.00
which was accepted by the plaintiffs, and disdained by the defendant,
who apparently wanted the upland tract of 19 acres adjoining his
residence as his partitioned share.  The court ordered the property
sold for partition.  We modify as to the real estate commission and
affirm.

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

STATE OF TENNESSEE v. NEAL LEVONE ARMOUR

Court:TCCA

Attorneys:                          

 
Judge: WITT

First Paragraph:

The defendant, Neal Levone Armour, appeals the Hamilton County
Criminal Court's revocation of probation.  Because the record supports
the trial court's actions, we affirm.

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

STATE OF TENNESSEE v. ERIC EUGENE GILMORE

Court:TCCA

Attorneys:                          

Bruce E. Poston, Knoxville, Tennessee, for the Appellant, Eric Eugene
Gilmore.

Paul G. Summers, Attorney General & Reporter; Helena Walton Yarbrough,
Assistant Attorney General; Randall E. Nichols, District Attorney
General; and Leon Franks, Assistant District Attorney General, for the
Appellee, State of Tennessee.

Judge: WITT

First Paragraph:

The Knox County Criminal Court denied the motion of the defendant,
Eric Eugene Gilmore, to set aside his 2001 guilty pleas to a number of
charges.  We affirm.

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

Stop and ID

Date: September 7, 2004

Opinion Number: 04-148

http://www.tba.org/tba_files/AG/2004/op148.pdf

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