Opinion Flash

October 13, 2004
Volume 10 — Number 198

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
03	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

MARK DION DAVIS v. TONYA SMITH DAVIS
WITH ORDER

Court:TCA

Attorneys:                          

Randy Hillhouse, Lawrenceburg, Tennessee, for the appellant, Tonya
Smith Davis.

Christopher V. Sockwell, Lawrenceburg, Tennessee, for the appellee,
Mark Dion Davis.

Judge: KOCH

First Paragraph:

This appeal concerns a dispute over the custody of a child who is less
than three years old.  Within four months after the parents' divorce
in the Chancery Court for Lawrence County, the father filed a petition
to modify the permanent parenting plan because the mother was
obstructing and discouraging his visitation with the child.  Following
a bench trial, the trial court determined that the wife's post-divorce
conduct amounted to a material change in circumstances and that the
parents should have equal residential time with the child.  The trial
court also relieved the father of his child support obligation in
light of the change in the permanent parenting plan.  The mother has
appealed both the change in the permanent parenting plan and the
termination of her child support.  While we affirm the trial court's
decision to award the parents equal residential time, we vacate the
decision with regard to child support.

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

ORDER
http://www.tba.org/tba_files/TCA/davismarkd_ord.wpd

FIRST TENNESSEE BANK, N.A., EXECUTOR, ESTATE OF GLENN P. WEBB, SR.,
and TRUSTEE OF THE RESIDUARY TRUST UNDER THE WILL OF GLENN P. WEBB,
SR., F/B/O DEBORAH ANN WEBB, v. BARBARA WEBB STANFIELD, PAUL W.
STANFIELD, JR., ALICIA M. STANFIELD, et al.

Court:TCA

Attorneys:                          

Steven F. Dobson, Chattanooga, Tennessee, for Appellants, Barbara Webb
Stanfield, Paul W. Stanfield, Jr., and Alicia M. Stanfield.

David E. Fowler and C. Eugene Shiles, Chattanooga, Tennessee, for
Appellee, Patricia Webb.

Judge: FRANKS

First Paragraph:

The Chancellor construed a will and granted plaintiff summary
judgment.  Defendants insist the will is ambiguous.  On appeal, we
affirm.

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

BETTY EVONE MCLENDON v. JAMES EARL MCLENDON, ET AL.

Court:TCA

Attorneys:                          

James Earl McLendon, appellant, Nashville, Tennessee, Pro Se.

A. Scott Yarbrough, Nashville, Tennessee, and Elliott Ozment,
Nashville, Tennessee, attorneys for appellees, Jimmy Kenaum and Jerry
Davis.

Judge: SUSANO

First Paragraph:

The trial court's judgment grew out of a petition for criminal
contempt filed by Jimmy Kenaum ("Kenaum") and Jerry Davis
(collectively "the Intervenors"), against James Earl McLendon
("McLendon") for violation of an agreed order ("the agreed order") in
a divorce action between McLendon and his now ex-wife, Betty Evone
McLendon.   The agreed order focused on property  ("the Property")
which was owned by a corporation, McLendon & Associates.  The agreed
order provides, among other things, that Kenaum was granted an
ingress/egress easement across the Property.  The trial court found
McLendon in criminal contempt for disparaging the Intervenors to third
parties and for placing a locked cable over Kenaum's water line. 
McLendon appeals.  We affirm.

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

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