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Today's Opinions: August 29, 2005
Volume 11 — Number 165
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.
01 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
01 New Opinion(s) from the Tennessee Court of Appeals
02 New Opinion(s) from the Tennessee Court of Criminal Appeals
03 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

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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


LARRY E. PARRISH, ET AL. v. ROBERT S. MARQUIS, ET AL. 

Court:TSC

Attorneys:                          

John J. Mulrooney, Memphis, Tennessee, for the Appellants/Appellees,
Larry E. Parrish and Larry E. Parrish, P.C.

Deborah C. Stevens and Summer H. Stevens, Knoxville, Tennessee, for
the Appellee/Appellant, Ronald C. Koksal.

Frank Q. Vettori, Knoxville, Tennessee, for the Appellee/Appellant,
Robert S. Marquis.

Judge: ANDERSON

First Paragraph:

We granted this appeal to determine whether the dismissal of a legal
malpractice complaint because it was untimely and for lack of standing
constituted a "favorable termination," which is a required element of
a malicious prosecution cause of action.  The Court of Appeals
concluded that the plaintiffs' malicious prosecution claim was based
on a favorable termination of the legal malpractice action but granted
summary judgment to one defendant after determining there was no
genuine issue of material fact as to his involvement in the legal
malpractice claim.  After reviewing the record and applicable
authority, we conclude that the plaintiffs' cause of action for
malicious prosecution was not based on a favorable termination because
the underlying legal malpractice complaint was dismissed on procedural
grounds that did not reflect on the merits.  Since both defendants
were entitled to summary judgment, the Court of Appeals' judgment is
affirmed in part and reversed in part for the reasons stated in this
opinion.

http://www.tba.org/tba_files/TSC/2005/parrishl82905.pdf

SUPREME COURT OF TENNESSEE
SUPREME COURT DISCRETIONARY APPEALS

Court:TSC - Rules

http://www.tba.org/tba_files/TSC_Rules/2005/certlist82905.pdf

BABAJIDE FAMILONI v. THE UNIVERSITY OF MEMPHIS

Court:TCA

Attorneys:                          

Robert L. J. Spence, Jr., Memphis, and Damon K. Griffin, Memphis, for
plaintiff/appellantBabajide Familoni

Julie Randall Pablo, Assistant Attorney General, Nashville, for
defendant/appellee TheUniversity of Memphis

Judge: KIRBY

First Paragraph:

This case is about subject matter jurisdiction. A professor employed
by the University ofMemphis filed a lawsuit in chancery court against
the University, alleging claims under the Tennessee Human Rights Act
and failure to execute a settlement agreement on his
discriminationclaims.  The University filed a motion to dismiss the
complaint, asserting that the chancery court did not have subject
matter jurisdiction to hear contract claims against an agency of the
State ofTennessee.  The trial court granted the motion, finding that
it did not have subject matter jurisdiction to hear the complaint.  We
affirm in part and reverse and remand, finding that thechancery court
has subject matter jurisdiction over claims for discrimination under
the Tennessee Human Rights Act.

http://www.tba.org/tba_files/TCA/2005/familonib82905.pdf

JAMES O. MARTIN v. STATE OF TENNESSEE 

Court:TCCA

Attorneys:                          

Gerald L. Gulley, Jr., Knoxville, Tennessee, for the Appellant, James
O. Martin.

Paul G. Summers, Attorney General and Reporter; Richard H. Dunavant,
Assistant Attorney General; Randall E. Nichols, District Attorney
General; and Philip Morton, Assistant District Attorney General, for
the Appellee, State of Tennessee.

Judge: HAYES

First Paragraph:

The Appellant, James O. Martin, appeals the denial of his petition for
post-conviction relief by the Knox County Criminal Court.  Martin is
currently serving a twenty-two year sentence as a result of his jury
conviction for aggravated arson.  On appeal, Martin argues that the
trial court erred "by failing to grant post-conviction relief." 
Specifically, he argues that his conviction was unlawfully obtained as
a result of juror misconduct and bias of the juror at his trial. 
After review of the record, the denial of post-conviction relief is
affirmed.

http://www.tba.org/tba_files/TCCA/2005/martinj82905.pdf

STATE OF TENNESSEE  v. GARY LEE SILCOX

Court:TCCA

Attorneys:                          

Robert W. Scott, for the appellant, Gary Lee Silcox. 

Paul G. Summers, Attorney General and Reporter; Renee W. Turner,
Assistant Attorney General; William Paul Phillips, District Attorney
General; and Michael O. Ripley, Senior Assistant District Attorney
General, for the appellee, State of Tennessee.

Judge: WEDEMEYER

First Paragraph:

The Defendant, Gary Lee Silcox, was convicted of criminally negligent
homicide, aggravated assault, and theft of property valued over $1000.
 The trial court sentenced the Defendant to an effective sentence of
ten years.  On appeal, the Defendant contends that: (1) the evidence
is insufficient to sustain his conviction for criminally negligent
homicide; and (2) the trial court improperly ordered that the
Defendant's sentences run consecutively.  Finding no reversible error,
we affirm the judgments of the trial court.

http://www.tba.org/tba_files/TCCA/2005/silcoxg82905.pdf

Request for Clarification of Opinion No. 05-076 Regarding Public
Adjusters and the Practice of Law

Date: August 26, 2005

Opinion Number: 05-133

http://www.tba.org/tba_files/AG/2005/op133.pdf

Distribution of Bond Proceeds Between City and County School Systems 

Date: August 26, 2005

Opinion Number: 05-134

http://www.tba.org/tba_files/AG/2005/op134.pdf

Tennessee School Board Association -- Eligibility to Participate in an
Insurance  Trust Organized Under Tenn. Code Ann. SS 29-20-401, et seq.

Date: August 26, 2005

Opinion Number: 05-135

http://www.tba.org/tba_files/AG/2005/op135.pdf

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