Newspaper supports judicial impartiality; criticizes survey

The Chattanooga Times Free Press comes out strongly against efforts to have Tennessee's top-level judges "prejudge and announce their constitutional views on potential future cases involving sexual orientation, samesex marriage and abortion." The editorial is directly critical of a survey being distributed by Sen. David Fowler's Family Action Council, and supports judges who strive to maintain a standard of judicial impartiality.

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


Court: TCA


Thomas F. Bloom, Nashville, Tennessee, and Calvin P. Turner, Mount Juliet, Tennessee, for the Appellant Anthony Ensley Hagan.

Gloria Jean Evins, Lebanon, Tennessee, for the Appellee Barbara Ann Allison.


Barbara Ann Allison ("Wife") and Anthony Ensley Hagan ("Husband") entered into a Marital Dissolution Agreement ("MDA") prior to their divorce in 1991. As part of the marital property settlement, the MDA required Husband to pay Wife, in addition to her one-half share in the marital residence, a lump sum payment of $47,000 when the marital residence was sold. Husband also agreed to pay child support in the amount of $818.79 per month. Several years later, Husband reduced his child support payment to $500 per month when the parties' oldest child became emancipated. When the marital residence sold in 2004, Husband refused to pay Wife the $47,000, asserting that Wife's claim to the $47,000 was barred by the applicable statute of limitations. Wife filed a Petition for Contempt claiming Husband violated the MDA when he unilaterally reduced his child support payment and when he refused to pay her the $47,000. Following a trial, the Trial Court determined that Husband violated the MDA by unilaterally reducing his child support payment and by refusing to pay Wife the balance of the $47,000. The Trial Court also entered judgment for Wife for her attorney fees incurred in enforcing the MDA. Husband appeals. We affirm the judgment of the Trial Court.


Court: TCA


Stephen V. Petix, San Diego, California, and Richard K. Smith, Nashville, Tennessee, for the intervening defendant and counter-claimant/appellant, Hyundai Translead.

David M. Smythe, Nashville, Tennessee, for the appellee, AmSouth Bank.

Judge: CAIN

Hyundai Translead, an intervener in AmSouth's claim on a security agreement with debtor Trailer Source, appeals from the trial court's grant of summary judgment against it. Hyundai challenges the trial court's finding as a matter of law that Hyundai lacked standing to dispute the ommercial reasonableness of a sale of the debtor's property. We reverse the grant of summary judgment and remand for further proceedings.


Court: TCA


Michael W. Binkley, Nashville, Tennessee, for the appellant, Timothy Wade Keyt.

Rankin P. Bennett, Cookeville, Tennessee, for the appellee, Nanci Suzanne Keyt.

Judge: CAIN

This appeal involves the financial aspects of the dissolution of a twelve-year marriage. The trial court granted Wife a divorce and awarded her custody of the parties' minor child, alimony in futuro, child support and an equitable division of the marital estate which included the appreciation in Husband's interest in the family-owned trucking corporation. On appeal, Husband claims that the trial court erred in (1) determining the value of the appreciation of his interest in the corporation; (2) classifying the appreciation of his interest in the corporation as marital property; (3) the type and amount of alimony awarded to Wife; and (4) the amount of child support awarded to Wife. Wife also claims that the trial court erred in the valuation of the appreciation of Husband's interest in the corporation and that she should have been awarded attorney's fees. As herein modified, the judgment of the trial court is affirmed.


Court: TCA


Roger A. Miller, Clinton, Tennessee, for the Appellant Christopher Via.

Paul G. Summers, Attorney General and Reporter, and Warren Jasper, Assistant Attorney General, Nashville, Tennessee, for the Appellee State of Tennessee ex rel. Amy W. Smith.


The State of Tennessee (the "State") filed this lawsuit on behalf of Amy W. Smith ("Mother") against Christopher Via ("Father") seeking current child support payments as well as arrearages. After a DNA test confirmed that Father was the biological father of the child, the Juvenile Court ordered Father to begin making current child support payments. This appeal involves the Juvenile Court's determination that Father also should be required to pay child support arrearages in the amount of $34,963 dating back to the child's birth in April of 1992. Following a trial, the Juvenile Court credited the testimony of Mother over the testimony of Father in determining when Father knew of the existence of the child and that Father should be required to pay arrearages pursuant to Tenn. Code Ann. Section 36-2-311(a)(11). Father appeals, and we affirm.


Court: TCA


W. Timothy Harvey, Clarksville, Tennessee, for the appellant, Teddy W. Cherry and City of Clarksville, Tennessee.

Robert T. Bateman, Clarksville, Tennessee, for the appellee, Donald Shea Smith.


Plaintiff was awarded damages of $300,000 for injuries sustained in a vehicular accident. His vehicle was struck by a motorist pursued by a City of Clarksville police officer. The trial court apportioned 30% of the damages against the City upon a finding the officer's decision to commence or continue his pursuit of the suspect was negligent. The City appeals contending the officer was not negligent and his conduct was not a cause in fact of the accident or plaintiff's injuries. We affirm.


Court: TCCA


Gregory D. Gookin, Assistant Public Defender, Jackson, Tennessee, for the appellant, Kenneth Lyle Davis.

Paul G. Summers, Attorney General and Reporter; Rachel E. Willis, Assistant Attorney General; Jerry Woodall, District Attorney General; and Angela Scott and Anna M. Banks, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: MCLIN

The defendant, Kenneth Lyle Davis, appeals from the trial court's order revoking his probation and reinstating his original sentence of two years. Following our review, we affirm the judgment of the trial court.


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