Good funds rollback, LLC revisions on agenda tomorrow

Legislation to roll back several of the provisions of the Residential Closing Funds Distribution Act of 2006 is set to be heard in the Senate Commerce Labor and Agriculture Committee agenda for Tuesday. The current law, enacted just this last year, is supported by the Tennessee Bar Association (TBA) because it requires forms of payment that provide the best assurance that clients are protected in residential closings.

Also on the agenda is the TBA-fostered bill to make some technical corrections to last year's comprehensive revision to the LLC statute and to adopt provisions to conform the nonprofit LLC law to the new regime.
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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink


Court: TSC


Court: TSC


Mark C. Travis, Cookeville, Tennessee, for the appellant, Mohon International, Inc./Campbell Ray.

Robert T. Keeton, III, Huntingdon, Tennessee, for the appellee, Misty Michelle Glisson.


The employer in this workers’ compensation action has appealed from a judgment of the Circuit Court of Henry County finding that the employee suffered a work-related back injury. The trial court awarded the employee benefits based on 30% permanent partial disability to the body as a whole. The employer contends on appeal that the medical proof, which does not include any medical testimony, is insufficient to establish a causal connection between the employee’s injury and her employment. The dispositive question before this Court is whether the evidence preponderates against the trial court’s finding that the employee’s injury arose out of her employment. We conclude that the record and applicable law support the trial court’s decision to award benefits. We further hold that a local rule of the 24th Judicial District which prohibits the taking of medical depositions in workers’ compensation cases absent leave of court is invalid. The trial court’s judgment is affirmed.


Court: TSC


Ardena J. Garth and Donna Robinson Miller, Chattanooga, Tennessee, for the appellant, Kirk Williams.

Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; John H. Bledsoe, Assistant Attorney General, for the appellee, State of Tennessee.


We granted review to determine whether a seizure within the meaning of the Fourth Amendment to the United States Constitution and article I, section 7 of the Tennessee Constitution occurs when a police officer activates the blue lights on his patrol car behind the defendant’s vehicle which is already stopped and idling in the street. The trial court held that it was a seizure and that the officer did not have reasonable suspicion to seize the defendant. Therefore, the trial court suppressed all the evidence obtained as a result of that seizure. The Court of Criminal Appeals overruled the trial court, holding that there was no seizure. We hold that under the facts of this case, the defendant was seized at the moment when the officer pulled up behind the defendant’s stopped vehicle and activated his blue emergency lights. We also hold that the officer did not have reasonable suspicion of criminal activity to justify his seizure of the defendant. As such, the decision of the Court of Criminal Appeals is reversed, and the decision of the trial court suppressing the evidence is reinstated.


Court: TCA


Edward R. Sempkowski, Morristown, Tennessee, for appellant.

Janice H. Snider, Morristown, Tennessee, for appellee.


The wife sued the husband for divorce and the Trial Court granted the wife a divorce, divided the parties’ marital assets and awarded the wife alimony in futuro. The husband appealed the award of alimony in futuro. We affirm.


Court: TCA


Ian W. Taylor, Sr., Shreveport, LA, pro se

Paul G. Summers, Attorney General and Reporter, Warren A. Jasper, Assistant Attorney General, Nashville, TN, for Appellee


This action stems from a petition for child support and a subsequent petition to modify child support. In this appeal, the appellant has presented numerous issues for review. However, this Court finds one issue dispositive of the case: whether the trial court complied with Tennessee Rule of Civil Procedure 58 when it entered its order establishing child support and its subsequent order modifying child support. We dismiss this appeal and remand for entry of both orders pursuant to Tennessee Rule of Civil Procedure 58.

Authority to Appoint Temporary Replacement for Suspended General Sessions Judge

TN Attorney General Opinions

Date: 2006-03-13

Opinion Number: 06-44

Eligibility of a Person Convicted of Certain Crimes to Serve as a Police Officer or Sheriff Where That Person's Citizenship Rights Have Been Restored Pursuant to Court Order

TN Attorney General Opinions

Date: 2006-03-13

Opinion Number: 06-45

Legality of Leasing Equipment for and Conducting Poker Tournaments

TN Attorney General Opinions

Date: 2006-03-13

Opinion Number: 06-46


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By order of the Supreme Court issued March 6, Knoxville lawyer Joe M. Felknor's license to practice law is temporarily suspended, pursuant to Section 4.3 of Rule 9, Rules of the Supreme Court of Tennessee, upon a finding that he had substantially failed to comply with a contract entered into with the Tennessee Lawyers Assistance Program.
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