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'Good funds' accommodation reached
The Senate Commerce Labor & Agriculture Committee recommended for passage an amended version of the good funds bill after it was announced that an accommodation had been reached between Tennessee Land Title Association representatives and the Tennessee Bankers Association. The amendment rules out "official checks" as an acceptable payment form and clarifies electronic and intra bank transfers. The committee’s extraordinary session signals an attempt to clear several thorny issues as a prelude to adjournment.
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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.
01 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
02 - TN Court of Appeals
00 - TN Court of Criminal Appeals
05 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR
TBA members can get the full-text versions of these opinions three ways detailed below.
All methods require a TBA username and password. If you have forgotten your password or need to obtain a password,
you can look it up on-line at http://www.tba.org/getpassword.mgi
Here's how you can obtain full-text version. We recommend you download the Opinions to your computer and then
open them from there. Click the URL at end of each Opinion paragraph below. This should give you the option to
download the original document. If not, you may need to right-click on the URL to get the option to save the file
to your computer. Do a key word search in the Search Link area of TBALink. This option will allow you to view
and save a plain-text version of the opinion. Browse the Opinion List area of TBALink.
This option will allow you to download the original version of the opinion.
Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink
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SUPREME COURT DISCRETIONARY APPEALS Grants & Denials List
Court: TSC
http://www.tba2.org/tba_files/TSC/2006/certlist041006.pdf
SUSAN PARKER v. RICHARD LAMBERT
Court: TCA
Attorneys:
J. Christopher Hall and Valerie H. Richardson, Chattanooga, Tennessee, for appellant.
J. Christopher Hall and Valerie H. Richardson, Chattanooga, Tennessee, for appellant.
Judge: HERSCHEL PICKENS FRANKS
The Trial Court Ordered jointly held property sold, the proceeds divided equally, and awarded
attorney’s fees to one party. On appeal, we vacate the Judgment and direct the Trial Court to divide
the proceeds, taking into account the caward of attorney’s fees.
http://www.tba2.org/tba_files/TCA/2006/parkers041006.pdf
CHARLES C. WILEY v. CLARENCE WILLIAMS, ET AL.
Court: TCA
Attorneys:
Charles C. Wiley, Mountain City, Tennessee, pro se Appellant.
Devin J. Koester, Sevierville, Tennessee, for the Appellees, Clarence Williams, Grover C. Williams
and Annette Williams.
Judge: SHARON G. LEE
The issues presented in this appeal are whether the trial court erred in dismissing the Plaintiff’s
complaint based on the doctrine of prior suit pending, and its determination that the Chancery Court
lacked jurisdiction to hear a claim for unliquidated damages for personal injuries. We hold that the
doctrine of prior suit pending is not applicable in this case, because Plaintiff’s claims in this case
involve neither the same parties nor subject matter identical to that in the prior lawsuit filed in
Probate Court, and because the Probate Court would not have had jurisdiction over Plaintiff’s claims
filed in Chancery Court, had they been raised there. We further hold that, pursuant to the Supreme
Court’s decision in Flowers v. Dyer County, 830 S.W.2d 51 (Tenn. 1992) and its progeny, the
Chancery Court erred in dismissing Plaintiff’s claim for unliquidated damages for personal injuries,
and we instruct the Chancery Court to transfer this claim to Circuit Court.
http://www.tba2.org/tba_files/TCA/2006/wileyc041006.pdf
Application of Open Meetings and Public Records Acts to City Audit Committee and Internal Auditor
TN Attorney General Opinions
Date: 2006-04-05
Opinion Number: 06-060
http://www.tba2.org/tba_files/AG/2006/ag_06-60.pdf
Investigatory Duties Under Tenn. Code Ann. § 49-7-129
TN Attorney General Opinions
Date: 2006-04-05
Opinion Number: 06-061
http://www.tba2.org/tba_files/AG/2006/ag_06-61.pdf
Payment of Court Costs and Fines as a Condition of Parole
TN Attorney General Opinions
Date: 2006-04-05
Opinion Number: 06-062
http://www.tba2.org/tba_files/AG/2006/ag_06-62.pdf
City Police Escort for Funeral Processions; Proposed Amendment to Tenn. Code Ann. § 55-8-183
TN Attorney General Opinions
Date: 2006-04-07
Opinion Number: 06-063
http://www.tba2.org/tba_files/AG/2006/ag_06-63.pdf
Banning Lobbyist Contributions to Committee Controlled by House or Senate Caucus
TN Attorney General Opinions
Date: 2006-04-07
Opinion Number: 06-064
http://www.tba2.org/tba_files/AG/2006/ag_06-64.pdf
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| TODAY'S NEWS |
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Legal News
Election filings
TBA Member Services
Online CLE
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| Legal News |
| Is Knox charter invalid? |
| Knox County's charter might not be legal, a chancellor presiding over some of the term-limits litigation suggested in an opinion this week. As part of an opinion he issued denying a request that Sheriff Tim Hutchison's name be removed from the May 2 primary ballot, Chancellor John Weaver wrote that the governmental structure outlined in the charter "appears to be a compromised form of government." Read about it in the |
Knoxville News Sentinel.
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| ACLU seeks delay on license plates |
| The American Civil Liberties Union of Tennessee asked a federal appeals court Friday to delay the state's production of a "Choose Life" specialty license plate. The organization wants time to seek a U.S. Supreme Court review of a ruling upholding the plate as constitutional. Read the AP story in |
Knoxville News Sentinel.
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| History of black lawyers in Memphis begins in 1868 |
| Members of the Leo Bearman Sr. Inns of Court in Memphis are discovering more about early black attorneys in their area, some of whom practiced as early as 1868. The group has put together a display at the Shelby County Courthouse titled "A Century of Service: A View of the African American Lawyer in Shelby County Tennessee 1868-1968." Read more about it in the |
Commercial Appeal.
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| Sumner sheriff's brother pleads not guilty to federal charges |
| Jerry Vandercook has pleaded not guilty to federal charges that include money laundering and mail fraud related to building a Sumner County Sheriff's Department maintenance garage. A jury trial was set in U.S. District Judge Todd Campbell's court for 9 a.m., May 23, the same time set earlier for his brother, Sumner County Sheriff J.D. Vandercook, according to the |
Tennessean.
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| O'Connor named to college post |
| Retired U.S. Supreme Court Justice Sandra Day O'Connor was installed Friday in the honorary post of chancellor at the College of William and Mary. Read the AP story in the |
Knoxville News Sentinel.
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| Election filings |
| Series on judicial candidates kicks off today in Kingsport |
| With early voting set to start Wednesday, judicial and other court-related candidates are hitting the campaign trail hard. Beginning today, and continuing for several days, the Kingsport Times-News
will provide information on all the judicial and court-related races that will be directly affected by the upcoming Democratic and Republican primaries on May 2. |
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| TBA Member Services |
| Make the most of your TBA membership. |
| Contact Membership Director Sarah Hendrickson for more information on our money saving member benefits. Call 800.899.6993 or email shendrickson@tnbar.org |
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| Online CLE |
| Disaster Recovery: Your Ethical Duty |
| Tornados, fires and hurricanes happen. This TennBarU® online course will help you prepare for and respond to a disaster with the purpose of improving your chance to successfully recover from it.
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