RONALD E. CROOK, ET AL. v. ANGELA R. JOCK
Court:TCA
Attorneys:
Ronald E. Crook, Pro se. Doyle B. Crook, Sr., Pro se.
William M. Monroe, Memphis, Tennessee, for the appellee Angela R. Jock
Judge: FARMER
First Paragraph:
This appeal lies from a trial court's entry of a purported consent
order of dismissal. The trial court entered judgment based upon the
defendant's submitted consent decree. The plaintiffs contend, however,
that they did not consent to the terms of the order as written and
withdrew any consent prior to entry of the judgment. Because the
statement of the evidence in this case is irreconcilable, we vacate
the judgment of the trial court entering the consent decree.
http://www.tba.org/tba_files/TCA/2005/crookr71305.pdf
HIMELDA FUENTES GUZMAN v. SALVADOR GUZMAN ALVAREZ
Court:TCA
Attorneys:
Robert A. Anderson, Nashville, Tennessee, for the appellant, Himelda
Fuentes Guzman.
Edward P. Silva, Franklin, Tennessee, and John D. Kitch, Nashville,
Tennessee, for the appellee, Salvador Guzman Alvares.
Judge: FARMER
First Paragraph:
Husband and Wife were married in Mexico while wife's divorce from her
previous husband remained pending. The couple eventually moved to
Tennessee. Following a marriage of approximatelyeighteen years, wife
filed for divorce allegingadultery, inappropriate marital conduct, and
irreconcilable differences. Husband filed an answer and counterclaim
for annulment alleging that the marriage between the parties was
invalid due to wife's prior subsisting marriage. Following a bench
trial, the court below declared a marriage by estoppel and granted
wife a divorce on the ground of adultery. The trial court then
distributed the parties' accumulated property and ordered husband to
establish a lifetime trust with income to be distributed to wife and
the remainder to the parties' children. The parties were granted joint
custody of their four children with wife designated as primary
residential parent. From this order, wife appeals. For the reasons
stated below, we affirm the judgment of the trial court, as modified.
http://www.tba.org/tba_files/TCA/2005/guzmanh71305.pdf
JOHN EDWARD WOODS v. JILL SUZANNE WOODS
Court:TCA
Attorneys:
Thomas F. Bloom, Nashville, Tennessee, for the appellant, John Edward
Woods.
Jeffrey L. Levy, Nashville, Tennessee, for the appellee, Jill Suzanne
Woods.
Judge: KOCH
First Paragraph:
This appeal involves the financial aspects of the dissolution of a
twelve-year marriage. Even though the husband filed a petition for
divorce in the Circuit Court for Williamson County, the parties
eventually stipulated that the wife was entitled to divorce on the
ground of the husband's adultery. Following a bench trial, the court
awarded the wife eighty percent of the net marital estate, $1,000 per
month in rehabilitative alimonyfor three years, $25,000 in alimony in
solido, and one-half of her attorney's fees. The husband appealed. We
have determined that the evidence does not support the manner in which
the trial court divided the marital estate, the amount of the
rehabilitative alimony award, the alimony in solido award, or the
award for attorney's fees. We modify the judgment accordingly.
http://www.tba.org/tba_files/TCA/2005/woodsj71305.pdf
JAMES R. BLEVINS v. STATE OF TENNESSEE
Court:TCCA
Attorneys:
James R. Blevins, Mountain City, Tennessee, Pro se.
Paul G. Summers, Attorney General and Reporter; Seth P. Kestner,
Assistant Attorney General, for the Appellee, State of Tennessee.
Judge: OGLE
First Paragraph:
The pro se petitioner, James R. Blevins, appeals from the dismissal of
his motion to reopen his postconviction petition. The states moves the
court to affirm the judgment of the trial court pursuant to Rule 20 of
this court's rules. The motion was properly dismissed for lack of
merit. Accordingly, the state's motion is granted and the judgment of
the trial court is affirmed.
http://www.tba.org/tba_files/TCCA/2005/blevinsJ71305.pdf
MICHAEL L. SMITH v. STATE OF TENNESSEE
Court:TCCA
Attorneys:
Michael L. Smith, Mountain City, Tennessee, Pro se.
Paul G.Summers, Attorney General and Reporter; Seth P. Kestner,
Assistant Attorney General; Joe C. Crumley, Jr., District Attorney
General, for the Appellee, State of Tennessee.
Judge: OGLE
First Paragraph:
The petitioner, Michael L. Smith, appeals from the trial court's order
denying his petition for writ of habeas corpus. The state has filed a
motion requesting that this court affirm the trial court's denial of
relief pursuant to Rule 20 of the Rules of the Court of Criminal
Appeals. The petitioner has failed to establish a cognizable claim for
habeas corpus relief. Accordingly, the state's motion is granted and
the judgment of the trial court is affirmed.
http://www.tba.org/tba_files/TCCA/2005/smithm71305.pdf
Authority to Compromise Contested Property Tax Assessments
Date: July 6, 2005
Opinion Number: 05-102
http://www.tba.org/tba_files/AG/2005/op102.pdf
TennCare Reforms
Date: July 7, 2005
Opinion Number: 05-103
http://www.tba.org/tba_files/AG/2005/op103.pdf
Application of Nepotism Statute
Date: July 7, 2005
Opinion Number: 05-104
http://www.tba.org/tba_files/AG/2005/op104.pdf
Tennessee Department of Transportation's Authority as to Speed Limits
on Interstate Highways
Date: July 7, 2005
Opinion Number: 05-105
http://www.tba.org/tba_files/AG/2005/op105.pdf
Violating an Oath of Office
Date: July 7, 2005
Opinion Number: 05-106
http://www.tba.org/tba_files/AG/2005/op106.pdf
Traffic Enforcement on Interstate Highways
Date: July 8, 2005
Opinion Number: 05-107
http://www.tba.org/tba_files/AG/2005/op107.pdf
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