Judges join field for Supreme Court post

Circuit Court Judge D'Army Bailey of Memphis and Chancellor Richard Dinkins of Nashville today added their names to the growing list of individuals vying for open positions on the Tennessee Supreme Court. They join George T. "Buck" Lewis of Memphis, Stephen A. Cobb of Nashville, Court of Criminal Appeals Judge J.C. McLin of Memphis, J. Houston Gordon of Covington, Court of Criminal Appeals Judge Gary R. Wade of Sevierville, Court of Appeals Judge Frank Clement, D. Bruce Shine of Kingsport, Circuit Court Judge Dea Kelly Thomas Jr. of Maryville and Phillip A. Condra of Whitwell, public defender for the 12th Judicial District. Today was the deadline to apply for the first position.
TODAY'S OPINIONS
Click on the category of your choice to view summaries of today’s opinions from that court, or other body. A link at the end of each case summary will let you download the full opinion in PDF format. To search all opinions in the TBALink database, go to our OpinionSearch page. If you have forgotten your password or need to obtain a password, you can look it up on TBALink at If you have forgotten your password or need to obtain a password, you can look it up on TBALink at http://www.tba.org/getpassword.mgi.

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

KARAM HANNA v. GAYLORD ENTERTAINMENT COMPANY

Court: TWCA

Attorneys:

Jay R. Slobey, Nashville, Tennessee, for appellant, Karam Hanna.

Richard K. Smith and Kathleen W. Smith, Nashville, Tennessee, for appellee, Gaylord Entertainment Company.

Judge: HARRIS

This is an appeal from the dismissal of a workers' compensation claim for failure to prosecute and to abide by the orders of the trial court with regard to setting the case for hearing. The employee filed a motion to alter or amend the dismissal order which was denied by the trial court. The employee appealed. Finding no abuse of discretion on part of the trial court, we affirm the dismissal.

http://www.tba2.org/tba_files/TSC_WCP/2006/hannaka033106.pdf


IN RE C.L.M.

Court: TCA

Attorneys:

J. Stephen Mills, Nashville, Tennessee, for the appellant, K.D.M.

Paul G. Summers, Attorney General and Reporter; Dianne Stamey Dycus, Deputy Attorney General, for the appellee, Tennessee Department of Children's Services.

Judge: CAIN

Natural mother brings this appeal from the juvenile court's termination of her parental rights as to the minor child, C.L.M. The sole challenge to the court's order is that, due to alleged insufficiency of process, the trial court lacked personal jurisdiction over her such that the termination of her parental rights amounted to a violation of due process. We affirm the action of the trial court.

http://www.tba2.org/tba_files/TCA/2006/clm033106.pdf


WILNER DIEUDONNE v. METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY

Court: TCA

Attorneys:

J. Brooks Fox and John Kennedy, Nashville, Tennessee, for the appellant, Metropolitan Government of Nashville and Davidson County, Tennessee.

Wilner Dieudonne, Nashville, Tennessee, Pro Se.

Judge: CLEMENT

This action for personal injury arises out of a vehicular accident between the plaintiff and an on-duty police officer of the Metropolitan Government of Nashville and Davidson County. Plaintiff timely filed this action in the General Sessions Court; however, he failed to properly identify the defendant and service of process was returned unserved. Plaintiff did not attempt to renew service of process until after the one-year statute of limitations had run, waiting sixteen months before making his second attempt at service of process on the defendant. The trial court denied the defendant's motion to dismiss based upon its finding the plaintiff's delays in service of process did not constitute an abandonment of the claim. The case proceeded to trial, and the plaintiff was awarded damages. The defendant appeals contending the trial court erred by not dismissing the action. Finding the statute of limitations had run, we therefore reverse and remand with instructions to dismiss.

http://www.tba2.org/tba_files/TCA/2006/dieudonnnew033106.pdf


AHMED USSO and GENET AYELE v. BRYAN WINSTON
With Dissenting Opinion


Court: TCA

Attorneys:

Michael S. Lattier, Kingsport, Tennessee, for appellant.

James D. Culp, Johnson City, Tennessee, for appellees.

Judge: FRANKS

Plaintiffs sued to recover earnest money tendered with a contract to purchase realty. Defendant counter-sued for breach of contract and damages. The Trial Court Ordered the return of the earnest money to plaintiffs. We affirm.

Majority Opinion
http://www.tba2.org/tba_files/TCA/2006/ussoa033106.pdf

Swiney Dissenting
http://www.tba2.org/tba_files/TCA/2006/ussoa_diss033106.pdf


STATE OF TENNESSEE v. JOANNE GELENE IRWIN

Court: TCCA

Attorneys:

Michael T. Cabage, Knoxville, Tennessee, for the appellant, Joanne Gelene Irwin.

Paul G. Summers, Attorney General & Reporter; Leslie Price, Assistant Attorney General; and Ta Kisha M. Fitzgerald, Philip H. Morton, and Mitchell T. Harper, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: WADE

The defendant, Joanne Gelene Irwin, was convicted of two counts of simple assault, Class A misdemeanors. See Tenn. Code Ann. Section 39-13-101 (1997). After merging the two counts of simple assault, the trial court imposed a sentence of eleven months and twenty-nine days and ordered thirty days of confinement. The defendant was fined $1,000. Judicial diversion was denied. In this appeal of right, the defendant argues that she should have been permitted to introduce evidence of the juvenile record of the victim for impeachment purposes under Rule 609 of the Tennessee Rules of Evidence; that the trial court submitted erroneous instructions to the jury; that the trial court imposed an excessive sentence; and that the trial court abused its discretion by denying judicial diversion. The judgment of the trial court is affirmed.

http://www.tba2.org/tba_files/TCCA/2006/irwinj033106.pdf


TODAY'S NEWS

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Legal News
Knoxville Bar adds support to judicial pay increase legislation
The Knoxville Bar Association has passed a resolution in support of legislation that would increase the salary of Tennessee judges "to enhance the independence of the judiciary and to assure the continuing quality of judges to which the Tennessee citizenry has become accustomed and of which they are deserving."

Court ruling roils Knox elections
This week's Tennessee Supreme Court ruling that term limits apply to county commissioners in Knox, Shelby and certain other counties has thrown the upcoming Knox County elections into near chaos, the Knoxville News Sentinel reports. With early voting set to begin in 13 days, there is still uncertainty who will be on the ballot.
Read the full story
Carey named general counsel for Tennessee GOP
Nashville attorney Scott Carey was named the general counsel of the Tennessee Republican Party this week. A shareholder in the Nashville office of Baker, Donelson, Bearman, Caldwell & Berkowitz, Carey is also a member of the National Republican Lawyers Association and has served in leadership positions with the Boys and Girls Club of Middle Tennessee, the Tennessee Bar Association and the American Bar Association.

Evolution, creationism debate likely to continue, expert says
The debate over the teaching of evolution in public schools is far from over, a nationally recognized expert on the historical and legal issues surrounding the topic told a Middle Tennessee State University audience this week.
Read a report on the speech from the First Amendment Center
Judge Brown looks back over 19 year career
Retiring Judge William Houston Brown reflects on his 19 years as a federal bankruptcy judge for the Western District of Tennessee in a Memphis Daily News interview.
Read the interview
Legislative News
Track legislation of interest to Tennessee attorneys
The TBA Action List tracks bills in the General Assembly that the TBA has a direct interest in. This means it has either initiated the legislation, taken a postiion on the bill or has a policy on the issue. The TBA Watch List is a broader list of bills of interest to the Tennessee legal community.
TBA Bill Tracking Service
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Let JobLink help you with your next career move
Nissan North America is relocating its headquarters to the Nashville area and is looking for a trademark attorney, business law attorney and securities lawyer. Check out these and other job listings at TBA JobLink - a job seeking and recruitment tool available to TBA members at no charge.
Visit the site
TennBarU CLE Programs
U.S. Patent Commissioner to address IP Forum
The 3rd Annual Intellectual Property Forum is designed to benefit the beginner and the specialist alike. Join U.S. Patent Commissioner John Doll as he covers what is happing at the United States Patent and Trademark Office. Basics - 3 general hours - Thursday, April 27 and Advanced - 6 general 1 dual - Friday, April 28.
Register or learn more

 
 
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