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.

http://epaper.wehco.com/Repository/getFiles.asp?Style=OliveXLib:ArticleToMail&Type=text/html&Path=ChatTFPress/2006/06/22&ID=Ar01700

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

BARBARA ANN ALLISON v. ANTHONY ENSLEY HAGAN

Court: TCA

Attorneys:

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.

Judge: SWINEY

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.

http://www.tba2.org/tba_files/TCA/2006/allisonb062306.pdf


AMSOUTH BANK v. TRAILER SOURCE, INC., ET AL.

Court: TCA

Attorneys:

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.

http://www.tba2.org/tba_files/TCA/2006/amsouth062306.pdf


TIMOTHY WADE KEYT v. NANCI SUZANNE KEYT

Court: TCA

Attorneys:

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.

http://www.tba2.org/tba_files/TCA/2006/keytt062306.pdf


STATE OF TENNESSEE ex rel. AMY W. SMITH v. CHRISTOPHER VIA

Court: TCA

Attorneys:

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.

Judge: SWINEY

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.

http://www.tba2.org/tba_files/TCA/2006/smitha062306.pdf


DONALD SHEA SMITH v. TEDDY W. CHERRY, ET AL.

Court: TCA

Attorneys:

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.

Judge: CLEMENT

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.

http://www.tba2.org/tba_files/TCA/2006/smithd062306.pdf


STATE OF TENNESSEE v. KENNETH LYLE DAVIS

Court: TCCA

Attorneys:

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.

http://www.tba2.org/tba_files/TCCA/2006/davisk062306.pdf


TODAY'S NEWS

Legal News
BPR Actions
Online CLE

Legal News
Court gives workers broader shield in bias claims
Employment discrimination plaintiffs nationwide won a big victory Thursday when the U.S. Supreme Court ruled for a Tennessee woman who sued Burlington Northern for retaliation after she had complained of gender discrimination.
Read an account in the Chattanooga Times Free Press
Information on capital cases
The U.S. Sixth Circuit Court today denied a petition from Tennessee death row inmate Sedley Alley and the Tennessee Court of Criminal Appeals denied a request to stay the execution of Paul Dennis Reid. Read the full orders and keep track of other developments in these and other Tennessee capital cases on a special web site set up by the Administrative Office of the Courts.
Check here for the latest filings
Indicted poll worker denies hiding from arrest
A Shelby County poll worker indicted on charges she faked votes to help Ophelia Ford win last fall's District 29 state Senate race denies she had been tipped off and was avoiding arrest.
Read the Commercial Appeal story
March gets change of venue for murder trial
Former Nashville attorney and accused killer Perry March was granted a change of venue for his upcoming murder trial. Davidson County Criminal Court Judge Steven Dozier made the ruling Thursday, citing "inflammatory media coverage" of March's recently concluded conspiracy trial.
Read the City Paper account
BPR Actions
Johnson City lawyer suspended
The Tennessee Supreme Court suspended the law license of Johnson City lawyer Harold Wayne Graves for nine months, retroactive to nine months before the court order. The complaints leading to the suspension involved neglect and lack of communication due to a medical condition.
Read the BPR release
Online CLE
Build your internet research skills with online course
Everyone uses the Internet, but are you taking full advantages of the research capabilities that are available? Carole Levitt, a nationally recognized author and founder of Internet for Lawyers, has developed a special course for Tennessee lawyers that is now available from TennBarU. This one-hour interactive course teaches you how to efficiently search the Tennessee Code, perform historical legislative research, search municipal codes and more.
Register or find out more now

 
 
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