Bredesen to to seek $41 million for UM Law School

Gov. Phil Bredesen today was to ask state legislators for $41 million to move the University of Memphis Law School to its new home at the Customs House and Post Office in downtown Memphis. The funding is part of the overall state budget for FY 2006-07, which Bredesen will present to the General Assembly next week. Read the Commercial Appeal story,1426,MCA_437_4428307,00.html

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Knoxville, Tennessee
Editor-in-Chief, TBALink


Court: TCA


Christine Mahn Sell and B. Elizabeth Dickson, Chattanooga, Tennessee, for appellant.

Michael R. Campbell and Kathryn M. Russell, Chattanooga, Tennessee, for appellee.


The wife sued for back child support on the basis that the parties’ Marital Dissolution Agreement provided for a percentage of the husband’s income which had not been paid. The Trial Court refused to award back support. On appeal, we affirm the Judgment of the Trial Court.


Court: TCA


Barrett T. Painter, Cleveland, Tennessee, for the appellant, Thomas David Caldwell.

Ashley L. Ownby, Cleveland, Tennessee, for the appellee, Davina Kay Duke Caldwell.


Thomas David Caldwell (“Father”) filed a complaint for divorce from his wife of ten years, Davina Kay Duke Caldwell (“Mother”). The trial court, inter alia, awarded the parties a divorce, named Mother primary residential parent of the parties’ minor child, and divided the parties’ marital property. Father appeals both the custody determination and the division of marital property. We affirm.


Court: TCA


Shelley I. Stiles, Brentwood, Tennessee, and Robert J. Shockey, Nashville, Tennessee, for the appellant, Kathryn Headrick.

Arthur P. Brock and Timothy J. Millirons, Chattanooga, Tennessee, for the appellee, Daniel Johnson, M.D., individually and d/b/a Southeast Tennessee Orthopaedics.

Judge: LEE

In this appeal, the issue presented is whether a party has standing to pursue a personal injury claim in state court that accrued after the filing of the party’s bankruptcy petition and before the closing of the bankruptcy case. Ms. Headrick filed a Chapter 13 bankruptcy petition. While the bankruptcy case was pending, Ms. Headrick was involved in a single car accident and was treated for her injuries by Dr. Daniel Johnson at Bradley County Memorial Hospital. Subsequently, she converted her Chapter 13 bankruptcy case to a Chapter 7 bankruptcy case. While the Chapter 7 case was still pending, she discovered that she suffered a hip fracture in the car accident which she alleges that Dr. Johnson and the Hospital failed to timely diagnose and treat. Thereafter, Ms. Headrick received a discharge in bankruptcy and the bankruptcy case was closed. Ms. Headrick then filed a medical negligence case against Dr. Johnson and Bradley Memorial Hospital. The Defendants filed a motion for summary judgment asserting that Ms. Headrick did not have standing to bring the case. The trial court agreed and dismissed the case. After review of the record and applicable authorities, we hold that Ms. Headrick’s post- bankruptcy cause of action is not part of the bankruptcy estate and therefore, as a matter of law Ms. Headrick did have standing to bring the lawsuit. The trial court’s decision is reversed.


Court: TCA


Dan R. Alexander, Nashville, Tennessee, for the appellant, Pamela C. Lichtenwalter.

Norman E. Solomon, Nashville, Tennessee, for the appellee, Chris Edward Lichtenwalter.

Judge: KOCH

This appeal illustrates the problems that befall divorcing parents when they agree, without court approval, to a child support arrangement that is inconsistent with the Child Support Guidelines. Five years after the parents’ divorce, the mother filed a petition in the Circuit Court for Davidson County seeking to increase the father’s child support obligation. The trial court approved a formula devised by the parties that did not comply with the Child Support Guidelines. The parties later ignored that formula and followed another ad hoc arrangement for approximately ten years. Eventually, the mother filed a petition in the trial court seeking to hold the father in contempt for failing to pay child support and to collect the arrearage. The trial court turned the matter over to a substitute judge who determined that the father was not in contempt because both parties had followed their formula to the best of their abilities even though it was ambiguous. The trial court also set the father’s support for the remaining minor child and directed the father to pay $2,375 in additional support for that child. The mother appealed. We have determined that the father owes $64,529 in back child support and that the parties’ three children are entitled to this arrearage. Therefore, we vacate the portion of the judgment regarding back child support and remand the case for the entry of an appropriate payment plan.

Constitutionality of Amendment 93 to SB 7001

TN Attorney General Opinions

Date: 2006-01-31

Opinion Number: 06-021


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