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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink


Court: TCA


Peter T. Skeie, Nashville, Tennessee, for the appellant, Sharon Bailey.

Vanessa Griffith, Houston, Texas; Eric Stevens, Nashville, Tennessee, for the appellee, American General Life and Accident Insurance Company.


An unsuccessful party to an arbitration proceeding appeals the trial court’s confirmation of the arbitration decision. The challenge is based on alleged ambiguities in the agreement to arbitrate and alleged failure by the arbitrator to disclose potential conflicts. We affirm the trial court’s confirmation.


Court: TCA


Wayne Davidson, Nashville, Tennessee, Pro Se.

Paul G. Summers, Attorney General and Reporter; and Arthur Crownover II, Senior Counsel, forthe appellee, State of Tennessee.

Judge: CAIN

Plaintiff inmate filed a petition with the Tennessee Department of Corrections for a declaratoryruling that he was entitled to a parole hearing. Upon denial of his petition, Plaintiff inmate filed an action against two Tennessee Board of Probation and Parole employees, seeking judicialreview of the denial of his petition. The trial court granted Defendants’ motion for summary judgment based upon the expiration of the statute of limitations. Plaintiff inmate appeals and weaffirm the decision of the trial court.


Court: TCA


Arthur E. McClellan and Jade A. Rogers, Gallatin, Tennessee, for the appellant, Great AmericanInsurance Co

John R. Reynolds, Nashville, Tennessee, for the appellee, Nashville Ford Tractor, Inc.

Judge: KOCH

This appeal involves a dispute over the payment for leased construction equipment used on twosewer projects for the City of Gallatin. The general contractor was required to take over and complete the work after a subcontractor and sub-subcontractor defaulted. Thereafter, thecompany that had leased three pieces of construction equipment to the subcontractor and subsubcontractor submitted claims for payment to the general contractor and the contractor’sbonding company. The general contractor declined to pay for the equipment and filed suit for breach of contract against the subcontractor in the Circuit Court for Sumner County. Thecontractor also sought a declaratory judgment regarding its rights, as well as those of its bonding company, the subcontractor, and the City, under the construction contract, the subcontracts, andthe payment bond. Following a two-day bench trial, the trial court awarded the equipment leasing company a $38,399 judgment against the bonding company and the sub-subcontractorand a $29,232 judgment against the subcontractor. The court also denied the equipment leasing company’s request for pre-judgment interest because it had intentionally falsified documentsduring the collection process. The bonding company appealed. We have determined that the trial court erred by failing to dismiss all of the equipment leasing company’s claims against thepayment bond after expressly finding that the leasing company had committed fraud during the claims process. Accordingly, we reverse the judgment against the contractor’s surety.


Court: TCA


Carroll D. Kilgore of Nashville, Tennessee for Appellants, Sentinel Trust Company, Danny N.Bates, Clifton T. Bates, Howard H. Cochran, and Gary L. O'Brien

Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General, JanetM. Kleinfelter, Senior Counsel for Appellee, Commissioner Kevin P. Lavender, Tennessee Department of Financial Institutions

J. Graham Matherne of Nashville, Tennessee for Appellees, Commissioner Kevin P. Lavenderand Receivership Management, Inc., Receiver for Sentinel Trust Company


This appeal involves three cases consolidated for oral argument. Because of the duplication ofthe major issues in the cases, we consolidate the cases into one opinion. The Commissioner of the Tennessee Department of Financial Institutions, acting on statutory authority, tookemergency possession of a Tennessee trust company, filing due notice of such action in the Chancery Court of Lewis County. Subsequently, the Commissioner gave notice, as required bystatute, of the liquidation of the company, which was commenced in the Chancery Court of Lewis County. The company filed a petition for writ of certiorari and supersedeas in theChancery Court of Davidson County. The court denied the petition for supersedeas and dismissed the writ of certiorari. Appellants appeal. We affirm. In the Lewis County ChanceryCourt proceeding, the court approved the transfer by the Commissioner of the various fiduciary accounts administered by the company and other assets of the company, and the appellantsappeal. We affirm. Included in the disposition of the property was real estate located in Bellevue, and the Commissioner filed a motion in the Lewis County Chancery Court forapproval of the sale of this real estate. Objections were filed to the Bellevue sale motion. The court, after hearing proof, approved the sale. Appellants filed separate appeals. We affirm.


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Commission submits candidates for 10th Judicial District
The Judicial Selection Commission has submitted three names to Governor Bredesen as candidates to fill the vacancy in the 10th Judicial District created by the retirement of Judge Steve Bebb. The three are: Amy F. Armstrong Reedy, James Harvey Stutts and Sandra Craig Donaghy.

Memphis Area Legal Services marks 35 years of service
Memphis Area Legal Services marks 35 years of serving the poor and disenfranchised in the greater Memphis area. A profile of the organization by the Memphis Commercial Appeal recounts the story of its formation.
Knox Bar Foundation seeking grant applications
The Knoxville Bar Foundation is accepting grant applications to fund local projects that improve the administration of justice, enhance the public's understanding of and confidence in the legal system or serve the legal profession, the Knoxville News Sentinel reports. To obtain an application contact Dennis McClane, chairman, Knoxville Bar Foundation, P.O. Box 900, Knoxville, TN 37901; or call (865) 215-1000.

TBA closed in observance of holiday
The Tennessee Bar Association will be closed Jan. 2 in observance of the New Year's Day holiday.

Online CLE
Two new online courses available on TennBarU
Many court cases are decided, not at trial, but at pretrial hearings on search and seizure questions. Learn what the latest cases hold in this important area of criminal procedure from this new course. Also new is a course that addresses the effect of the adoption of comparative fault on those common law tort doctrines that you learned in Torts 101. Scenarios and hypotheticals will raise issues and illustrate the problems that can arise when an important change in the law occurs by judicial fiat, leaving other doctrines uncertainly affected or even abrogated.

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