'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.
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

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

TODAY'S NEWS

Legal News
Election filings
TBA Member Services
Online CLE

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.
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.
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.
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.
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.
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.

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

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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