125th annual TBA convention kicks off today

The Tennessee Bar Association's 125th annual convention begins in Memphis today with a meeting of the House of Delegates and a rooftop reception at The Peabody Hotel. Tomorrow the Bench/Bar Luncheon will feature motivational speaker Steve Mikita -- who was born with a progressive neuromuscular disease and was not expected to live past 2. Mikita has accomplished much in his 50 years, earning a law degree from Brigham Young and serving, since 1982, as Utah's assistant attorney general. Thursday's programming also includes law school alumni breakfasts, a tax practice CLE and an ethics program held at the National Civil Rights Museum.
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 http://www.tba.org/getpassword.mgi.

00 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
04 - TN Court of Appeals
00 - TN Court of Criminal Appeals
01 - TN Attorney General Opinions
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00 - Formal Ethics Opinions - BPR

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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

RILEY BOLDING, ET AL. v. DENTIS SISSON, ET AL.

Court: TCA

Attorneys:

A. Russell Larson of Jackson, Tennessee for Appellants, Dentis Sisson and Cathy Sisson

Shannon A. Jones of Alamo, Tennessee for Appellees, Riley Bolding and Pam Bolding

Judge: W. FRANK CRAWFORD

This is an appeal from a judgment entered on a Jury verdict. The appeal arises out of a commercial real estate sale and involves the alleged misrepresentation of a restrictive covenant attached to property at issue. The Jury found that the Defendants/Appellants intentionally and negligently misrepresented the restrictive covenant that applied to the property. Finding that there is no material evidence to support the Jury’s finding that Plaintiffs/Appellants’ reliance upon Defendants/Appellees’ representation was justified, we vacate the Judgment entered on the Jury Verdict.

http://www.tba2.org/tba_files/TCA/2006/boldingr061406.pdf


IN THE MATTER OF H.N.K., d/o/b 7/24/1994, A CHILD UNDER EIGHTEEN YEARS OF AGE

Court: TCA

Attorneys:

David L. Stewart, Winchester, TN, for Appellant

Paul G. Summers, Attorney General & Reporter, Kellena Baker, Assistant Attorney General, Nashville, TN, for Appellee

Judge: ALAN E. HIGHERS

In this appeal, we are asked to review a juvenile court’s termination of a father’s parental rights to his minor daughter. The Tennessee Department of Children’s Services originally filed a dependency and neglect petition in the Juvenile Court of Lincoln County against the mother and the father of the minor child. That court ultimately dismissed the petition as to the mother, gave the mother custody of the child, and ruled that the child was dependent and neglected due to the father’s anger management problem. Accordingly, the juvenile court ordered the father to undergo anger management counseling before he would be permitted to have contact with his daughter. Mother subsequently abandoned the child on the side of a roadway in Franklin County. The department filed a dependency and neglect petition in the Juvenile Court of Franklin County and obtained temporary custody of the child. The department subsequently filed a petition in the Juvenile Court of Franklin County seeking to terminate the parental rights of the mother and the father. As to the father, the petition focused on his failure to complete the anger management counseling ordered by the Juvenile Court of Lincoln County. The Juvenile Court of Franklin County ultimately terminated the parental rights of the father, but the court continued the case against the mother due to insufficient service of process. The father appealed the termination of his parental rights to this Court. We hold that the Juvenile Court of Lincoln County obtained exclusive, continuing jurisdiction over the child as a result of the dependency and neglect proceeding in that court. Accordingly, we vacate the order of the Juvenile Court of Franklin County, as that court did not have subject matter jurisdiction over the petition to terminate the parental rights of the father, and we remand the case to the trial court for further proceedings.

http://www.tba2.org/tba_files/TCA/2006/hnk061406.pdf


ROY FRED HURD, ET AL. v. CRISTIAN FLORES, ET AL.

Court: TCA

Attorneys:

Aldo J. Stolte, Nashville, TN, for Appellants

John D. Kitch, Nashville, TN, for Appellee Smith County

James D. Madewell, Cookeville, TN, for Appellee, Nationwide Insurance Company (Unnamed Defendant)

Michael P. Mills, Nashville, TN, for Appellees, Doug Clemmons and Clemmons Wrecker Service

Judge: ALAN E. HIGHERS

This case involves the trial court’s grant of summary judgment to the defendants in a lawsuit filed in relation to an automobile accident. The plaintiffs are the parents of a daughter who, while traveling along Interstate 40 in Smith County, Tennessee, became stuck in the mud alongside the interstate. A deputy of the Smith County Sheriff’s Department responded to the scene and summoned a wrecker to remove the vehicle. While traveling to an ATM machine to obtain the money necessary to pay the wrecker owner for his services, their daughter pulled her car to the shoulder of the interstate near an interstate crossover, which the wrecker owner and the deputy had used to reverse directions on the interstate. After waiting for a few minutes, their daughter, for unknown reasons, pulled into the path of an oncoming vehicle. The resulting collision killed their daughter and the driver of the other vehicle, who happened to be an uninsured motorist. The parents filed a lawsuit alleging common law negligence on the part of the uninsured motorist, the county for the actions of the deputy, and the owner of the wrecker service. Pursuant to statute, the parents also served notice of the lawsuit on their uninsured motorist carrier. The trial court subsequently entered an order dismissing the uninsured motorist from the lawsuit for insufficient service of process. The remaining defendants, including the unnamed insurance carrier, moved for summary judgment. The plaintiffs did not oppose the grant of summary judgment to the uninsured motorist carrier. The trial court ultimately granted summary judgment to the county and the owner of the wrecker service holding that they owed no duty of care to the decedent as a matter of law. The parents appealed the grants of summary judgment to the defendants to this Court. As for the grants of summary judgment to the owner of the wrecker service and the county, we affirm the trial court’s rulings. As for the Appellant’s issues relating to the uninsured motorist carrier, we find that these issues are not justiciable under the doctrine of mootness.

http://www.tba2.org/tba_files/TCA/2006/hurdr061406.pdf


RICHARD SCHNEIDER, TAJUANA CHESHIER, JAMIE PAGE, and THE GANNETT SATELLITE INFORMATION NETWORK, d/b/a THE JACKSON SUN v. THE CITY OF JACKSON

Court: TCA

Attorneys:

Lewis L. Cobb, Jackson, Tennessee, and Sara E. Barnett, Jackson, Tennessee, for defendant/appellant City of Jackson.

Charles M. Purcell, Jackson, Tennessee, and Matt S. Shepherd, Jackson, Tennessee, for plaintiff/appellees Richard Schneider, Tajuana Cheshier, Jamie Page, and the Gannett Satellite Information Network.

Judge: HOLLY M. KIRBY

This case involves the Tennessee Public Records Act. The plaintiff newspaper sought access to investigative records generated by local law enforcement during the course of criminal investigations. The newspaper also sought financial documents relating to a license agreement between the municipal government and a private baseball franchise. The municipal government refused to disclose the criminal investigative records and failed to respond to the newspaper’s written requests for the baseball franchise documents. The newspaper filed suit against the municipal government in the Madison County Chancery Court. After a show-cause hearing, the trial court ruled that the Public Records Act required the disclosure of both types of documents, and awarded the newspaper attorney’s fees. The municipal government appeals. As to the criminal investigative records, we recognize the common-law law enforcement privilege, and on that basis we vacate the judgment of the trial court, reverse the award of attorney’s fees, and remand for further proceedings. Regarding the baseball franchise documents, we find that, insofar as the documents were not in the possession of the municipal government at the time of the newspaper’s requests, they were not subject to the Public Records Act at that time, and on that basis we vacate the trial court’s award of attorney’s fees and remand for further proceedings.

http://www.tba2.org/tba_files/TCA/2006/schneiderr061406.pdf


Adoption of Metropolitan Government

TN Attorney General Opinions

Date: 2006-06-12

Opinion Number: 06-100

http://www.tba2.org/tba_files/AG/2006/ag_06-100.pdf

TODAY'S NEWS

Legislative News
Legal News
BPR Actions

Legislative News
Predatory loan law to be signed today
Although many worked for it, it may have been Memphis lawyer Frank Glanker's sense of moral outrage that pushed the predatory lending bill toward passage, the Commercial Appeal reports. Glankler got involved after reading about a Memphis woman who was about to lose her home to foreclosure after a loan to fix her house ballooned into a debt she couldn't pay, all because of legal but predatory loan practices. Gov. Bredesen was expected to sign the bill into law this afternoon.
Read the story.
Legal News
Americans need civics lesson
The greatest government ever conceived by man will ultimately fail if Americans aren't willing to stand up and protect the fundamental principles of checks and balances our government was founded upon. That was the message delivered by American Bar Association president Michael Greco to the Memphis Rotary Club Tuesday. The defense of those principles begins in the classroom, Greco said, where more classes on civics and government need to be established. Read more in the
Commercial Appeal.
AG enters agreement with alternative health products marketer
Tennessee has joined 17 other Attorney General's offices in an agreement with the maker and marketers of a progesterone cream product not approved by the U.S. Food and Drug Administration, but allegedly marketed as an alternative hormone replacement therapy. Read the details in the attorney general's
press release.
Courts move to A.A. Birch Building this week
Civic-minded citizens rubbed shoulders with Nashville's most dangerous criminals. Traffic Court seemed to be in a top-secret location for the last three years. And figuring out whether to go to court downtown or in the MetroCenter office complex wasn't easy. Those days are just about over for most people going to court in Nashville. One phase of Nashville's courthouse-public square project is complete, and the courts are moving this week into the brand new Justice A.A. Birch Building. Read the full story and see pictures of the new building in the
Tennessean.
Smash the Sarbanes-Oxley law
The announced merger of the New York Stock Exchange and Euronext has this University of Maryland professor recommending major reform of the Sarbanes-Oxley Act, "before it's too late."
Read the commentary.
Jury gets first lobbyist probe case, juror dismissed for misconduct
A federal judge dismissed one juror, seated an alternate and sent the first trial in the Abramoff lobbying scandal to the revised jury Wednesday to start deliberations over from scratch. He then seated the only remaining alternate juror, also female, and sent the 10 women and two men out to "put all your previous deliberations aside and start all over again." Read the full story at
TriCities.com
Park's name may honor Williams
A Metro Board of Parks and Recreation subcommittee is studying a request to name the new East Park Community Center, which is under construction, in honor of Nashville lawyer Charlie Williams, who died in April. Read more in the
Tennessean.
BPR Actions
Handley censured
Memphis attorney Don A. Handley was publicly censured by the Board of Professional Responsibility for continuing to practice law after he was suspended for non- payment of dues and lack of compliance with continuing legal education.
Read the BPR's release.
Skouteris censured
Memphis attorney Michael C. Skouteris was publicly censured for making statements to the court that were false, without performing a reasonably diligent inquiry in violation of Rules 3.3(a)(1) and 8.4(a)(d) of the Tennessee Rules of Professional Conduct.
Read the BPR's release.

 
 
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