NEW PROGRAMS TO HELP YOUNG LAWYERS LEARN THE ROPES

If you miss the challenges and camaraderie of law school, here are a pair of new programs for you. The TBA‚s Young Lawyer Division is launching a new 4L series of courses designed for attorneys in the first year of their practice, and a Skills Enhancement Series for attorneys in the first six years of practice. The 4L Series kicks off Nov. 17 with a program focusing on practice in state court. The Skills Enhancement Series starts Dec. 7 with a program on the new Limited Liability Company Act.

If your law school experience included more than just listening to lectures, we‚ve got that covered, too. Courses will be hosted at popular clubs, including B.B. King‚s in Nashville, the Downtown Grille and Brewery in Knoxville, St. John‚s Restaurant in Chattanooga and Swig in Memphis. All will begin at 3 p.m. and end at 5 p.m., with a happy hour to follow.

http://www.tba.org/tennbaru

  
TODAY'S OPINIONS: Monday, October 24, 2005
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 - TN Supreme Court
00 - TN Worker's Comp Appeals
01 - TN Supreme Court - Rules
04 - TN Court of Appeals
01 - TN Court of Criminal Appeals
00 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR

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

SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS

Court: TSC-Rules

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

AT&T CORPORATION, NETWORK SYSTEMS DIVISION v. LOREN CHUMLEY, COMMISSIONER OF REVENUE, STATE OF TENNESSEE

Court: TCA

Attorneys:

Larry D. Crabtree, Steven C. Douse, Nashville, Tennessee, for the appellant, AT&T Corporation Ų Network Systems Division.

Paul G. Summers, Attorney General and Reporter; Joseph F. Whalen, Associate Solicitor General; Stephen Nunn, Sr. Counsel, for the appellee, Loren Chumley, Commissioner of Revenue, State of Tennessee.

Judge: CAIN

AT&T sued the Commissioner of Revenue of Tennessee to recover sales tax paid on central office equipment for the years 1995 and 1996 asserting that the equipment qualifies for exemption as industrial machinery. Determining that the outcome of the case was controlled by AT&T v. Johnson, 2002 WL 3124708 (Tenn.Ct.App.2002), the Chancellor held that the industrial machinery exemption was not applicable. We affirm the judgment of the Chancellor.

http://www.tba.org/tba_files/TCA/2005/att102405.pdf


IN RE ESTATE OF JOSEPH OWEN BOOTE, JR.

Court: TCA

Attorneys:

Andree Sophia Blumstein and William L. Harbison, Nashville, Tennessee, for the appellees, Helen Boote Shivers and Linda Boote Gerritsen.

Walter W. Bussart and Lee Bussart Bowles, Lewisburg, Tennessee, for the appellant, Martha M. Boote.

Judge: KOCH

This appeal involves a dispute stemming from an effort to probate a will and two codicils in solemn form. The testator‚s widow filed a petition to probate these instruments in solemn form in the Chancery Court for Marshall County. Prior to the entry of an order admitting the will and two codicils to probate, the widow discovered that a third codicil she believed to have been destroyed had, in fact, not been destroyed by her late husband or in his presence and that her late husband‚s lawyer had made a copy of this codicil before destroying it himself. Accordingly, she filed a petition for declaratory judgment seeking to admit the third codicil to the probate in solemn form along with the will and the other two codicils. Thereafter, the trial court entered an order admitting the will and the first two codicils to probate in solemn form without mentioning the declaratory judgment petition. The testator‚s daughters moved to dismiss the declaratory judgment petition, and the testator‚s widow filed a motion for postjudgment relief from the order admitting the will and the first two codicils to probate in solemn form. Following a series of hearings, the trial court dismissed the declaratory judgment petition and denied the motion for post-judgment relief. The testator‚s widow appealed. We have determined that the order admitting the will and the first two codicils must be vacated and the case remanded for further proceedings regarding the third codicil.

http://www.tba.org/tba_files/TCA/2005/bootej102405.pdf


MARTHA M. BOOTE v. HELEN BOOTE SHIVERS ET AL.

Court: TCA

Attorneys:

Andree Sophia Blumstein and William L. Harbison, Nashville, Tennessee, for the appellants, Helen Boote Shivers and Linda Boote Gerritsen.

Walter W. Bussart and Lee Bussart Bowles, Lewisburg, Tennessee, for the appellee, Martha M. Boote.

Judge: KOCH

This appeal involves a challenge to an antenuptial agreement. Following the death of her husband, the decedent‚s wife filed a petition in the Chancery Court for Marshall County to have her husband‚s will and two codicils admitted to probate in solemn form. She later discovered that a third codicil that would have dramatically increased her share of the estate had not been properly revoked. When the trial court rebuffed her efforts to have the third codicil admitted to probate, she filed a petition to dissent from the will and to seek an elective share of the estate and one year‚s support. The decedent‚s daughters opposed the petitions based on an antenuptial agreement the wife had entered into with the decedent, and the wife challenged the enforceability of the antenuptial agreement. Following a bench trial, the court set aside the antenuptial agreement after finding that the decedent‚s wife did not enter into the agreement knowledgeably and without duress. The decedent‚s daughters appealed. We have determined that the antenuptial agreement is enforceable.

http://www.tba.org/tba_files/TCA/2005/bootem102405.pdf


GEORGE R. CALDWELL, JR., ET UX. v. PBM PROPERTIES

Court: TCA

Attorneys:

Glenna W. Overton, Knoxville, Tennessee, for the Appellants, George R. Caldwell, Jr. et ux Angie R. Caldwell.

Robert R. Davies, Knoxville, Tennessee, for the Appellee, PBM Properties.

Judge: SWINEY

George R. Caldwell, Jr. and Angie R. Caldwell („Plaintiffsš or „Mr. Caldwellš as appropriate) sued PBM Properties („Defendantš) for nuisance claiming that during Defendant‚s development of Blue Grass Heights Subdivision („Blue Grassš), Defendant denuded the land altering water runoff and causing Plaintiffs‚ property to flood. The case was tried before a jury and the jury found that Defendant was 100% liable to Plaintiffs for a temporary flooding nuisance. The jury awarded Plaintiffs $3,820.50 in damages. Plaintiffs appeal claiming that the evidence supported a finding of permanent nuisance, the nuisance had to be abated on Defendant‚s property to be considered abated, and, the jury did not award the proper amount of damages. We affirm.

http://www.tba.org/tba_files/TCA/2005/caldwellg102405.pdf


STATE OF TENNESSEE v. RONALD ALLEN

Court: TCCA

Attorneys:

Richard A. Spivey, Kingsport, Tennessee (on appeal), and Ivan Lilly, Assistant Public Defender(at trial), for the appellant, Ronald Allen.

Paul G. Summers, Attorney General & Reporter; Renee W. Turner, Assistant Attorney General;Joe Crumley, District Attorney General; and Janet Hardin, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WADE

The defendant, Ronald Allen, was convicted of rape of a child. On appeal, this court affirmedthe conviction but modified the sentences, holding that enhancement factor (7), that the personal injuries inflicted upon the victim were particularly great, see Tenn. Code Ann. § 40-35-114(7)(2003), was applied in violation of the United States Supreme Court's ruling in Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531 (2004). The state filed an application for permissionto appeal to our supreme court pursuant to Rule 11 of the Tennessee Rules of Appellate Procedure. Our supreme court granted the application and remanded the case to this court forreconsideration by virtue of its opinion in State v. Gomez, 163 S.W.3d 632, 659 (Tenn. 2005). Based upon the holding in Gomez, the judgment of the trial court must be affirmed.

http://www.tba.org/tba_files/TCCA/2005/allenr102405.pdf


  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 instructions 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