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Thanks to assistance from the Administrative Office of the Courts, we
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We believe this upgrade will enhance your use of OpinionFlash. Please
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Howard Vogel
TBALink Editor in Chief

Today's Opinions: April 11, 2005
Volume 11 — Number 067
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
01 New Opinion(s) from the Tennessee Court of Criminal Appeals
01 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


RIDGELAKE APARTMENTS v. HARPETH VALLEY UTILITIES DISTRICT OF DAVIDSON
AND WILLIAMSON COUNTIES

Court:TCA

Attorneys:                          

Adam O'Lyddy Knight, Nashville, Tennessee, attorney for appellant,
Ridgelake Apartments.

Robert Edmond Parker, Sara Kathleen Wilson Smith, Nashville,
Tennessee, attorneys for appellee, Harper Valley Utilities District of
Davidson and Williamson Counties.

Judge: CAIN

First Paragraph:

Harpeth Valley Utilities District of Davidson and Williamson Counties
is a supplier of water and sewer services with charges for such
services being based on gallonage of water measured by a water meter
installed where the water main supply line joins the water line owned
by the customer. Ridgelake Apartments is an apartment complex served
by both a main residential water meter and an irrigation meter.  Water
supplied through the irrigation meter is not subject to sewer charges,
but water supplied through the main residential meter is subject to
such charges.  Over a period of years, leaks developed in the water
lines owned by Ridgelake on the Ridgelake side of the main residential
water meter.  Ridgelake sought reimbursement of sewer charges for
water lost in these leaks on the basis that such water did not enter
the sanitary sewer system.  The trial court granted summary judgment
to the Utility District, and we affirm the action of the trial court.

http://www.tba.org/tba_files/TCA/2005/ridgelakeapts.pdf

EARL E. RIVERS v. KATHLEEN J. RIVERS

Court:TCA

Attorneys:                          

William G. Hatton of Bolivar for Appellant, Earl E. Rivers 

Karen T. Fleet of Bolivar for Appellee, Kathleen J. Rivers 

Judge: CRAWFORD

First Paragraph:

This is an appeal from a final decree of divorce involving issues of
alimony in futuro and an award of attorney fees. Husband appeals. We
reverse in part, affirm in part, and remand.

http://www.tba.org/tba_files/TCA/2005/riversearle.pdf

IN RE: S.D., M.D., Sh.D. AND Ma.S.

Court:TCA

Attorneys:                          

Charles R. Bobbitt, Jr., Randy Lucas, Gallatin, Tennessee, attorney
for the appellant, M.A.S.

Russell E. Edwards, Hendersonville, Tennessee, attorney for the
appellant, S.D.D.

Paul G. Summers, Attorney General and Reporter; Elizabeth C. Driver,
Assistant Attorney General, attorneys for the appellee, State of
Tennessee, Department of Children's Services.

W. Brian Stephens, Gallatin, Tennessee, guardian ad litem for S.D.,
M.D., Sh.D., and Ma.S.

Judge: CAIN

First Paragraph:

This case comes before the Court on appeal from the Sumner County
Juvenile Court's termination of Appellant's parental rights as to four
children. Each parent raises separate issues on appeal. We affirm the
action of the trial court in all respects.

http://www.tba.org/tba_files/TCA/2005/sdmd.pdf

STATE OF TENNESSEE v. BRENDA HOLLIMAN

Court:TCCA

Attorneys:                          

Brett B. Stein, Memphis, Tennessee, for the appellant, Brenda Holliman

Paul G. Summers, Attorney General & Reporter; Mark A. Fulks, Assistant
Attorney General; William L. Gibbons, District Attorney General, and
Jerry Kitchen, Assistant District Attorney General, for the appellee,
State of Tennessee.

Judge: 

First Paragraph:

The appellant, Brenda Holliman, was convicted by a jury of first
degree murder and conspiracy to commit the first degree murder of her
husband. As a result, she was sentenced to concurrent terms of life
without parole and fifteen years. After the denial of a motion for new
trial, the appellant appealed. The following issues are presented for
our review on appeal: (1) whether the trial court erred by denying the
appellant's request for a continuance; (2) whether the trial court
erred by failing to excuse a juror for misconduct; (3) whether the
trial court erred by failing to instruct the jury on the missing
witness rule; and (4) whether the trial court erred in denying the
appellant's motion to suppress his statement. For the following
reasons, we affirm the judgment of the trial court.

http://www.tba.org/tba_files/TCCA/2005/hollimanbrenda.pdf

Residency Requirements for Candidates for Election to House of
Representatives

Date: April 8, 2005

Opinion Number: 05-044

http://www.tba.org/tba_files/AG/2005/op44.pdf

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