TennBarU! Your home for online CLE
Check out our schedule of new courses -- both text and video based.
Live online tech support, interactive help menus and easy
registration. Plus, we're open 24-7, so you can do CLE in your
pajamas. Register Now!

Today's Opinions: January 13, 2005
Volume 11 — Number 008
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
03 New Opinion(s) from the Tennessee Court of Appeals
02 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. We recommend you download the Opinions to your computer and then open them from there. • Click the URL at end of each Opinion paragraph below. This should give you the option to download the original document. If not, you may need to right-click on the URL to get the option to save the file to your computer. • 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, DEPARTMENT OF CHILDREN'S SERVICES v. ABB, IN THE
MATTER OF: LJB, Jr., d/o/b 12/05/1997 and EJB, d/o/b 02/26/1999,
Children Under 18 Years of Age

Court:TCA

Attorneys:                          

Robert D. Bradshaw, Guardian ad Litem, Chattanooga, Tennessee

Michele L. Coffman, Chattanooga, Tennessee, for Appellant.

Paul G. Summers, Attorney General and Reporter, and Juan G.
Villasenor, Assistant Attorney General, Nashville, Tennessee, for
Appellee.

Judge: FRANKS

First Paragraph:

In this action to terminate the parental rights of the mother, ABB, to
LJB, Jr., and EJB, the Juvenile Court ordered ABB's rights terminated,
and the mother has appealed.  We affirm.

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

A.B.C. v. A.H. 

Court:TCA

Attorneys:                          

Denise Terry Stapleton, Morristown, Tennessee, for Appellant A.B.C.

Jerrold L. Becker and Samuel W. Brown, Knoxville, Tennessee, for
Appellee A.H.

Elizabeth S. Smith, Knoxville, Tennessee, guardian ad litem for A.C.H.

Judge: LEE

First Paragraph:

This child custody case presents the following issues: (1) whether the
trial court erred in awarding the father custody of the parties' child
and (2) whether the trial court erred in ordering the father to pay
the mother's attorney fees.  We hold that the trial court considered
the relevant statutory factors and that the evidence does not
preponderate against the trial court's award of custody to the father.
We hold that the trial court did not abuse its discretion in ordering
the father to pay the mother's attorney fees. Although not raised as
an issue on appeal, we note that the father did not request child
support from the mother and the trial court did not set child support.
We hold that the father did not have the right to waive child support.
Accordingly, we affirm the trial court's judgment regarding custody of
the child, affirm the award of attorney fees, and remand this cause to
the trial court for determination of the mother's child support
obligation to the father.

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

DONALD M. TAYLOR v. CITY OF CHATTANOOGA, POLICE DEPARTMENT

Court:TCA

Attorneys:                          

Kenneth O. Fritz, City Attorney's Office, Chattanooga, Tennessee, for
Appellant.

John M. Higginson, Jr., Chattanooga, Tennessee, for Appellee

Judge: FRANKS

First Paragraph:

Plaintiff brought a replevin action against defendant to recover his
motor vehicle which had been seized by the defendant. The action was
initiated in Sessions Court, but transferred by agreement of the
parties to Circuit Court.  The Trial Court entered Judgment on behalf
of the plaintiff for $8,500.00, having found that the defendant had
sold plaintiff's vehicle.  We affirm.

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

BARABBAS A. BROWN v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Barabbas A. Brown, Only, Tennessee, Pro Se.

Paul G. Summers, Attorney General and Reporter; Seth P. Kestner,
Assistant Attorney General; and  Randall E. Nichols, District Attorney
General, for the appellee, State of Tennessee

Judge: MCLIN

First Paragraph:

The appellant, Barabbas A. Brown, appeals the Knox County Criminal
Court's dismissal of  his motion to correct pre-trial jail credits.
The appellant argues that the trial court erred by not enforcing its
order of judgment granting him pre-trial jail credits.  Finding no
merit to the appellant's contentions, we affirm the trial court's
decision.

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

DWAYNE COOK v. STATE OF TENNESSEE 

Court:TCCA

Attorneys:                          

Dwayne Cook, Edgefield, South Carolina, pro se. 

Paul G. Summers, Attorney General & Reporter; Jennifer L. Bledsoe,
Assistant Attorney General; Jerry N. Estes, District Attorney General,
for the appellee, State of Tennessee

Judge: OGLE

First Paragraph:

The petitioner, Dwayne Cook, appeals the trial court's denial of his
motion to reconsider the denial of his request to set aside his guilty
plea and his alternative petition for writ of error coram nobis.  The
State has filed a motion requesting that this Court affirm the trial
court's action pursuant to Rule 20, Rules of the Court of Criminal
Appeals. The trial court properly denied relief as the pleadings were
untimely filed and without merit.  Accordingly, the judgment of the
trial court is affirmed.

http://www.tba.org/tba_files/TCCA/cookdwayne.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 2005 Tennessee Bar Association