TennBarU and the Dispute Resolution Section present…
Mediation from A-Z
Negotiating skills are essential to every attorney’s practice and mediation is a trend
that is growing by the day. That makes this program valuable to all practitioners. Don’t
miss this opportunity to learn about all aspects of the mediation process, including
answers to such key questions as when to mediate, how a mediator is selected, who should
attend a mediation, how to prepare for mediation, and how to negotiate in a mediation
session.

Today's Opinions: October 27, 2004
Volume 10 — Number 207

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.

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


TBA members can get the full-text versions of these opinions three ways detailed below. All methods require a TBA username and password. If you have forgotten your password or need to obtain a password, you can look it up on-line at http://www.tba.org/getpassword.mgi .

Here's how you can obtain full-text version.
Click the URL at end of each Opinion paragraph below. This option will allow you to download the original document. • Do a key word search in the Search Link area of TBALink. This option will allow you to view and save a plain-text version of the opinion. • Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion.

Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink


STATE OF TENNESSEE, ex rel. DONNA J. COTTINGHAM v. WILLIAM B. COTTINGHAM

Court:TCA

Attorneys:                          

James W. Surprise of Memphis for Appellant, William B. Cottingham

Paul G. Summers, Attorney General and Reporter; Stuart F. Wilson-Patton, Senior Counsel,
Office of Attorney General for Appellee, State of Tennessee, ex rel., Donna J. Cottingham

Judge: CRAWFORD

First Paragraph:

This appeal concerns an order of the Williamson County Chancery Court finding William B.
Cottingham in criminal contempt of court for failure to pay court-ordered child support
and alimony. Mr. Cottingham appeals the order of the chancery court sentencing him to 170
days in jail for failure to comply with court orders concerning child support and alimony.
We affirm.

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

BILL FOX, ET AL. v. STATE OF TENNESSEE

Court:TCA

Attorneys:                          

W. Andrew Fox, Knoxville, Tennessee, for the appellants, Bill Fox and Debby Fox.

Ronald C. Leadbetter, Knoxville, Tennessee, for the appellee, State of Tennessee.

Judge: SUSANO

First Paragraph:

In this premises liability action, Debby Fox ("the plaintiff")  and her husband, Bill Fox,
filed a claim against the State of Tennessee ("the State") for damages sustained by the
Foxes when the plaintiff was injured as a result of a fall from a stage during a play
rehearsal on the campus of the University of Tennessee at Knoxville ("UT").  The claims
commission found in favor of the State, holding (1) that the plaintiff failed to prove her
claim of negligence and (2) that she was guilty of 100% of the fault in the accident.  The
plaintiff and her husband appeal, arguing, inter alia, that the evidence preponderates
against the claims commission's determinations.  We affirm.

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

IN RE: ESTATE OF MERLE JEFFERS MCFARLAND

Court:TCA

Attorneys:                          

Charles R. Terry, Morristown, Tennessee, and Douglas T. Jenkins, Rogersville, Tennessee,
for the appellant, Stephen D. McFarland, Administrator C.T.A. of the Estate of Merle
Jeffers McFarland.

Gene P. Gaby, Greeneville, Tennessee, for the appellee, James Cox.

J. Robert Walker, Knoxville, Tennessee, for the appellee, the University of Tennessee

Judge: SUSANO

First Paragraph:

We granted the application of Stephen D. McFarland ("the Administrator"), the
Administrator C.T.A. of the Estate of Merle Jeffers McFarland ("the Testatrix"), for an
interlocutory appeal pursuant to Tenn. R. App. P. 9, to answer the question of whether a
gift of a percentage of the residuary, which lapses when the beneficiary predeceases the
testator,  passes to the other residuary beneficiaries or to the testator's heirs at law. 
The trial court held that, in such a situation, the bequest passes to the heirs at law. 
We affirm the decision of the trial court and remand for further proceedings.

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

ALBERT WILSON v. PATRICK MALONE AND CHASE CREEK, LLC, 

Court:TCA

Attorneys:                          

William C. Barnes, Jr., Columbia, for the appellant Albert Wilson.

T. Turner Snodgrass, Nashville, for the appellee Patrick Malone.

Judge: KIRBY

First Paragraph:

This case involves a dispute between partners.  A builder and a realtor were partners in
building and selling homes in Davidson County, Tennessee.  Disputes arose over the profits
and losses arising from five of the properties.  The builder sued the realtor for a share
of profits on certain properties and for builder's fees on all five properties.  The
realtor countersued for profits on certain properties.  The trial court found the
builder's proffered written agreement to be fraudulent and refused to admit it into
evidence.  The trial court heard testimony and reviewed documents as to the five
properties, found the realtor's evidence to be credible, and granted a judgment in favor
of the realtor.  The builder appeals.  We affirm the decision of the trial court, finding
that the weight of evidence preponderates in favor of the realtor.

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

STATE OF TENNESSEE v. TRACY LYNN FRANKS

Court:TCCA

Attorneys:                          

Richard W. DeBerry, Assistant Public Defender, Camden, Tennessee, for the appellant, Tracy
Lynn Franks.

Paul G. Summers, Attorney General and Reporter; Rachel E. Willis, Assistant Attorney
General; Robert "Gus" Radford, District Attorney General; and John W. Overton, Assistant
District Attorney General, for the appellee, State of Tennessee.

Judge: OGLE

First Paragraph:

The appellant, Tracy Lynn Franks, pled guilty to aggravated assault, felony reckless
endangerment, and felony evading arrest.  Pursuant to the plea agreement, the appellant
was sentenced to six years in the Tennessee Department of Correction for the aggravated
assault conviction and four years each for the reckless endangerment and evading arrest
convictions, with the sentences to be served concurrently.  Additionally, the trial court
imposed a $500.00 fine for the evading arrest conviction.  On appeal, the appellant argues
that the trial court erred in denying him probation.  Upon review of the record and the
parties' briefs, we affirm the judgments of the trial court.

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

PLEASE FORWARD THIS E-MAIL!
Feel free to forward this Opinion Flash on to anyone you know of with an e-mail address.

GET A FULL-TEXT COPY OF AN OPINION!
See the intrsuctions at the beginning of this edition of Opinion Flash.

JOIN THE TENNESSEE BAR ASSOCIATION!
While Opinion Flash is a free service of the Tennessee Bar Association, you must be a member of the Tennessee Bar Association in order to access the full text of the opinions or enjoy the many other features of TBALink.

To join the TBA go to: http://www.tba.org/join_bar.mgi

SUBSCRIBE TO OPINION FLASH!
Would you like to receive the TBALink Opinion Flash free each day by e-mail? Anyone, whether a TBA member or not, is welcome to subscribe ... it's free! Sign up for text or HTML version.

Visit the TBALink web site at: http://www.tba.org/op-flash.mgi

UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT!

But if you must, visit the TBALink web site at: http://www.tba.org/op-flash.mgi

TBALink HomeContact UsPageFinderWhat's NewHelp

© Copyright 2004 Tennessee Bar Association