UNDERSTANDING THE NEW CHILD SUPPORT GUIDELINES
UNDERSTANDING THE NEW CHILD SUPPORT GUIDELINES

This new TennBarU course will help you learn just what the new Child
Support Guidelines will mean to your clients and your practice. Each
seminar location features presentations by the most knowledgeable
people in the field and will also include two panel discussions
involving local judges and practitioners. Leading the programs will be
Laura Morgan, who literally wrote the book on child support
guidelines, economist Jane Venohr, who designed Tennessee's new Income
Shares Guidelines, and DHS Assistant General Counsel Kim Beals.

Dec. 6 in Memphis
Dec. 7 in Jackson
Dec. 8 in Nashville
Dec. 9 in Chattanooga
Dec. 10 in Knoxville
Dec. 14 in Johnson City

Register now or find out more:
https://www.tba.org/onsiteinfo/child_support_2004.html

Today's Opinions: November 29, 2004
Volume 10 — Number 228
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
09 New Opinion(s) from the Tennessee Court of Appeals
03 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_112904.wpd

JERRY BALES v. DIALYSIS CLINIC, INC.

Court:TCA

Attorneys: 

Denny E. Mobbs, Cleveland, Tennessee, for Appellant.

Tim K. Garrett, Nashville, Tennessee, for Appellee.
                         
Judge: FRANKS

First Paragraph:

Action alleged retaliatory discharge for filing workers compensation
claim.  Employer defended termination on grounds employee was unable
to perform his job due to disability.  The Trial Court granted
defendant summary judgment.  We affirm.

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

LATASHA MARIE WHITTINGTON-BARRETT v. CHARLES SPRINKLE

Court:TCA

Attorneys:

Latasha Marie Whittington-Barrett, Whiteville, Tennessee, pro se.                          

Judge: FRANKS

First Paragraph:

The Chancery Court transferred this action to Circuit Court and
plaintiff has appealed the transfer. We affirm.

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

ELLEN HOPSON BELL v. WILLIAM HALL BELL

Court:TCA

Attorneys:                          

William H. Bell, appellant, Greeneville, Tennessee, Pro Se.

Sandra Lee Stanbery-Foster, Greeneville, Tennessee, for the appellee,
Ellen Hopson Bell.

Judge: SUSANO

First Paragraph:

The matter now before us finds its genesis in a divorce action brought
by Ellen Hopson Bell ("Wife") against her husband, William Hall Bell
("Husband").  In her complaint for divorce, Wife sought, inter alia,
reasonable attorney's fees.  She renewed her request for fees at the
conclusion of the divorce trial.  Without conducting a hearing, the
trial court ordered Husband to pay Wife $5,000, representing one half
of her reasonable legal expenses incurred in the divorce.  Husband
appealed.  We subsequently vacated the trial court's judgment,
remanding the matter to the trial court for a hearing on the issue of
Wife's entitlement to a fee award.  The trial court conducted a
hearing and subsequently ordered Husband to pay Wife $5,250 as an
allowance on her legal expenses.  Husband appeals. We affirm and hold
that Wife is entitled to her fees and expenses incurred on appeal.

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

RHONDA ELAINE BOLICK v. RONALD DALE BOLICK

Court:TCA

Attorneys:                          

John T. Rice, Chattanooga, Tennessee, for Appellant.

James A. Meaney, III, Chattanooga, Tennessee, for Appellee.

Judge: FRANKS

First Paragraph:

Husband appeals property settlement award to wife in divorce action. 
On appeal, we affirm.

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

MECHELLE E. ELOSIEBO v. STATE OF TENNESSEE

Court:TCA

Attorneys:                          

Richard L. Duncan and Cary L. Bauer, Knoxville, Tennessee, for
Appellant.

Ronald C. Leadbetter, Knoxville, Tennessee, for Appellee.

Judge: FRANKS

First Paragraph:

The Commissioner found defendant's physician breached the standard of
care in the treatment of plaintiff, but refused to award damages.  On
appeal, we affirm Commissioner's finding of breach, but award damages
and remand to enter Judgment.

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

WILLIAM EUGENE JESSUP v. MARCIA J. TAGUE

Court:TCA

Attorneys:                          

Arthur P. Brock and Neil A. Brunetz, Chattanooga, Tennessee, for
Appellant.

Lisa Z. Espy, Chattanooga, Tennessee, and H. Edward Marks, Jr.,
Loganville, Georgia, for Appellee.

Judge: FRANKS

First Paragraph:

In this dispute between attorney and client, a jury awarded the client
damages against the attorney which award was approved by the Trial
Court.  On appeal, we affirm.

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

TRACY D. SIMPSON KRIES v. TIMOTHY MAURICE KRIES

Court:TCA

Attorneys:                          

James W. Brooks, Jr., Wartburg, Tennessee, for Appellant.

James M. Webster, Clinton, Tennessee, for Appellee.

Judge: FRANKS

First Paragraph:

The Trial Court awarded child support from birth of the child to
marriage of the parties, subsequent to their divorce.  The father
appealed.  We affirm.

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

FRED SIMMONS TRUCKING, INC., v. UNITED STATES FIDELITY AND GUARANTY
COMPANY and its successors in interest, HARTFORD FIRE INSURANCE
COMPANY

Court:TCA

Attorneys:

Melinda Meador and Erica Taylor Greene, Knoxville, Tennessee and
Thomas Hickey, of Counsel, Chattanooga, Tennessee, for Appellant,
Hartford Fire Insurance Company.

Robert L. Widerkehr, Jr., Chattanooga, Tennessee, for Appellee.
                          
Judge: FRANKS

First Paragraph:

In this breach of contract action based on a policy of insurance, the
Trial Court determined defendant had breached the contract and awarded
compensatory damages, as well as punitive damages.  On appeal, we
reverse in part, affirm in part, vacate and remand.

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

JEANNETTE CUTRER DAY SINIARD v. MARK ALAN SINIARD

Court:TCA

Attorneys:                          

Glenna M. Ramer, Chattanooga, Tennessee, for the appellant, Mark Alan
Siniard.

Phillip C. Lawrence, Chattanooga, Tennessee, for the appellee,
Jeannette Cutrer Day Siniard.

Judge: SUSANO

First Paragraph:

In this post-divorce case, Jeannette Cutrer Day Siniard ("Mother")
sought to modify the parties' residential schedule pertaining to their
children.  That schedule provided that Caroline Siniard and Wesley
Siniard (collectively "the children") would alternate weeks between
Mother's home and the home of their father, Mark Alan Siniard
("Father").  The trial court granted Mother's request in part by
designating her as the primary residential parent of Caroline.   In a
subsequent order granting Mother child support, the trial court went
further and designated Mother as the primary residential parent of
both children.  Father appeals, contending, among other things, that
Mother failed to show a material change in circumstances warranting a
modification of the residential schedule.  We affirm.

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

STATE OF TENNESSEE v. JASON D. LOVE

Court:TCCA

Attorneys:                          

Steve McEwen (on appeal), Mountain City, Tennessee, and Raymond Mack
Garner (at trial and on appeal), District Public Defender, for the
appellant, Jason D. Love.

Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger,
Assistant Attorney General; Michael L. Flynn, District Attorney
General; and Michael A. Gallegoes, Assistant District Attorney
General, for the appellee, State of Tennessee.

Judge: WILLIAMS

First Paragraph:

The defendant, Jason D. Love, appeals the trial court's denial of
alternative sentences. The defendant pled guilty to three counts of
delivery of less than .5 grams of a Schedule II controlled substance,
a Class C felony.  Following a hearing, the trial court denied
alternative sentencing and ordered the defendant to serve his
sentences in confinement.  After careful review, we affirm the trial
court's denial of alternative sentencing.

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

STATE OF TENNESSEE v. DONALD W. STRECK

Court:TCCA

Attorneys:                          

Bruce E. Poston, Knoxville, Tennessee, for the Appellee, Donald W.
Streck.

Paul G. Summers, Attorney General & Reporter; Renee W. Turner,
Assistant Attorney General; Randall E. Nichols, District Attorney
General; and Jeff Blevins, Assistant District Attorney General, for
the Appellant, State of Tennessee.

Judge: WITT

First Paragraph:

The state appeals from the Knox County Criminal Court's order granting
Donald W. Streck's motion to receive jail credits toward his Tennessee
sentence for time that he spent in federal custody serving federal
sentences.  Because the lower court did not have jurisdiction to
entertain the motion, we reverse.

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

STATE OF TENNESSEE v. JODY LEE TURNER

Court:TCCA

Attorneys:                          

David Brady, District Public Defender; and John B. Nisbet, III, and
Joe L. Finley, Jr., Assistant District Public Defenders, Cookeville,
Tennessee, for the Appellant, Jody Lee Turner.

Paul G. Summers, Attorney General & Reporter; Kathy D. Aslinger,
Assistant Attorney General; William E. Gibson, District Attorney
General; and Kevin Poore, Assistant District Attorney General, for the
Appellee, State of Tennessee.

Judge: WITT

First Paragraph:
Following his guilty plea to two counts of theft, the defendant, Jody
Lee Turner, was sentenced in the Cumberland County Criminal Court to
an effective four-year term to be served on probation, supervised by a
community corrections program agency.  A few weeks later, the court
revoked the community placement and ordered the defendant to serve his
four-year sentence in the Department of Correction.  From that order,
the defendant appeals.  Upon review, we affirm the judgments below.

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

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