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


Court: TWCA


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

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


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.



Court: TCA


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.



Court: TCA


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.


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.


With Dissenting Opinion

Court: TCA


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

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


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

Swiney Dissenting


Court: TCCA


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.



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