TennBarU Teleseminar: Everything You Need to Know About Oral Arguments
Feb. 10, 2005

This session will take you through a step-by-step process for
preparing for oral argument and handling oral argument before
appellate courts from the time the docket notice arrives through the
end of rebuttal. Discussion will focus on topics such as use of the
record and exhibits, outlining potential outcomes, moot appellate
argument seesions, updating briefs, and designing oral argument and
rebuttal.

Today's Opinions: February 3, 2005
Volume 11 — Number 022
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
02 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. 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


MONEY & TAX HELP, INC. v. TOM MOODY, ET AL.

Court:TCA

Attorneys:                          

Robert R. Davies, Knoxville, Tennessee for Appellants Tom Moody and
SACCA Corporation.

John O. Threadgill, Knoxville, Tennessee for Appellee Money & Tax
Help, Inc.

Judge: LEE

First Paragraph:

This case involves the enforcement of a non-compete agreement. The
issues presented are: (1)  whether the court erred in enforcing the
agreement against Tom Moody, a former employee of the Plaintiff, Money
& Tax Help, Inc., and against Mr. Moody's wholly-owned corporation,
SACCA Corporation; (2) whether the trial court erred in holding Mr.
Moody personally liable for breach of an agreement signed by him on
behalf of SACCA Corporation; (3) whether the damages claimed by Money
& Tax Help, Inc. were too speculative; (4) whether the trial court
erred in finding Mr. Moody and SACCA Corporation not liable for
procurement of breach of contract under Tenn. Code Ann. S 47-50-109;
and (5) whether the trial court erred in failing to offset Mr. Moody's
counterclaim. We hold that the trial court erred by holding Mr. Moody
personally liable for breach of the agreement and affirm the trial
court's judgment in all other respects.

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

ALICE FAY SMILEY, ET AL. v. ROBERT STEVEN SMILEY, ET AL.

Court:TCA

Attorneys:                          

Philip E. Smith and Clark Lee Shaw, Nashville, Tennessee, for the
Appellant, Robert Steven Smiley.

Thurman T. McLean, Jr., Madison, Tennessee for the Appellee, Alice Fay
Smiley.

Judge: CAIN

First Paragraph:

Husband appeals a trial court judgment awarding permanent alimony to
the Wife, asserting in the appeal that the evidence preponderates
against the judgment of the trial court.  We affirm the action of the
trial court.

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

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