FINANCIAL ASPECTS OF DIVORCE
Nov. 9 - Chattanooga
Nov. 10 - Nashville
Nov. 11- Memphis

Presented by Rob Vance, a certified public account at SEACAP Financial
in Memphis, and Miles Mason Sr., a partner at Crone & Mason PLC in
Memphis, this day-long session offers both basic and advanced
information on the topic.

The morning session (Basic) provides an introduction to financial
concepts in divorce, written discovery and subpoena techniques,
complex asset valuations, including pensions, stock options, and
business valuations, and income determination utilizing income tax
return, financial statement, and loan application analysis.

The afternoon session (Advanced) covers more advanced theories on
complex asset valuations, case law updates, and advanced trial
techniques. The successful negotiation of alimony, property division,
and child support depends on obtaining a clear understanding of the
divorcing parties’ financial picture.

Today's Opinions: November 8, 2004
Volume 10 — Number 215
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
01 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

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

SUPREME COURT OF TENNESSEE
SUPREME COURT DISCRETIONARY APPEALS

Court:TSC - Rules

http://www.tba.org/tba_files/TSC_Rules/certlist_110804.wpd

CLINTON BOOKS, INC. v. CITY OF MEMPHIS

Court:TCA

Attorneys:                          

Michael F. Pleasants, David Andrew E. Lumb, and Frierson M. Graves,
Jr., Memphis, For Appellant, Clinton Books, Inc.

Edward M. Bearman, Memphis, and Bradley J. Shafer, Lansing, Michigan,
For Intervening Plaintiff/Appellant, Fantasy Warehouse, Inc.

Steven D. Townsdin, Memphis, For Defendant/Appellee, City of Memphis

Paul G. Summers, Attorney General and Reporter, State of Tennessee;
Michael E. Moore, Solicitor General; Steven A. Hart, Special Counsel,
For Intervenor Defendant/Appellee, Tennessee Attorney General Summers

Judge: CRAWFORD

First Paragraph:

At issue in this appeal is the legislature's authority, under the
Tennessee Constitution, to impose mandatory closing times on
adult-oriented businesses in order to combat the secondary effects
associated with those establishments. Appellants, Clinton Books, Inc.
("Clinton Books") and Fantasy Warehouse, Inc. ("Fantasy Warehouse"),
challenge the constitutionality of T.C.A. _ 7-51- 1402 through
7-51-1406 ("the Act"), arguing that the Act violates several rights
guaranteed by the Tennessee Constitution, among them the rights of
religious and expressive freedom, due process, and equal protection of
the law. Appellants further contend that the trial court erred in
ruling on the merits of their claims during the hearing on a motion
for temporary injunction. We affirm in part, reverse in part, and
remand for further proceedings.

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

IN THE MATTER OF:  D.C. AND S.C., STATE OF TENNESSEE DEPARTMENT OF
CHILDREN'S SERVICES v. KAREN CAREY, ET AL.

Court:TCA

Attorneys:                          

Jason W. Pearcy, Camden, For Appellant, Karen Carey

Paul G. Summers, Attorney General and Reporter; Julie Randall Pablo,
Assistant Attorney General, For Appellee, Tennessee Department of
Children's Services

Judge: CRAWFORD

First Paragraph:

This is a termination of parental rights case.  Mother appeals from
the order of the Juvenile Court of Benton County, terminating her
parental rights on the grounds of persistence of conditions.
Specifically, Mother asserts that the trial court erred in admitting
evidence of an event that occurred after the Petition to Terminate had
been filed,  that the termination of her parental rights is not
supported by clear and convincing evidence in the record, and that
termination is not in the best interest of the children.  We reverse
and remand.

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

MARSHA RICKETTS v. SARA M. ROBINSON, ET AL.

Court:TCA

Attorneys:                          

Bruce Conley, Union City, Tennessee, for the appellant, Marsha
Ricketts.

Kyle C. Atkins, Humboldt, for the appellee, Sara M. Robinson.

Fred N. McLean, Paris, Tennessee, for the appellee, Larry Pentecost.

Judge: FARMER

First Paragraph:

This is an appeal from a jury verdict finding that all parties
involved were without fault in an automobile accident.  We affirm.

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

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