Court narrows attorney general candidates to 3

The Tennessee Supreme Court will invite three candidates for attorney general back for a second interview. The three finalists are Margaret L. Behm, a Nashville attorney; Robert E. Cooper Jr., Gov. Phil Bredesen's legal counsel; and Joseph E. (Jef) Feibelman, a Memphis attorney. Find out more about the three candidates at

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


Court: TSC


Court: TCA


Richard L. Duncan and Cary L. Bauer, Knoxville, Tennessee for the Appellant, Jean Frazer

W. Mitchell Cramer and Carrie S. O’Rear, Knoxville, Tennessee for the Appellee, Chattanooga Bone & Joint Surgeons, P.C.


Jean Frazer (“Plaintiff”) sued Horton Automatics, a Division of Overhead Door Corporation; Carolina Door Controls, Inc.; and Chattanooga Bone & Joint Surgeons, P.C. (“Chattanooga Bone & Joint”) regarding injuries Plaintiff received while attempting to enter Chattanooga Bone & Joint’s facility through an automatic sliding door. Chattanooga Bone & Joint filed a motion for summary judgment, which the Trial Court granted finding and holding that Chattanooga Bone & Joint “had no duty relative to the automatic doors.” The case is before us on interlocutory appeal. We vacate the grant of summary judgment to Chattanooga Bone & Joint and remand.


Court: TCA


H. Wayne Grant, Steven W. Grant, Chattanooga, Tennessee, for the appellant, Iain R. Hiscock

Clinton H. Swafford, Winchester, Tennessee, for the appellee, Sue E. Hiscock

Judge: CAIN

Husband appeals the type and amount of alimony awarded to Wife after the termination of a twenty- seven year marriage. The decision of the trial court is affirmed as modified.


Court: TCA


Henry D. Fincher, Cookeville, Tennessee, for the appellants, James Peterson and Winnie Peterson

Jeffrey G. Jones, Cookeville, Tennessee, for the appellee, Putnam County, Tennessee


Property owners, James Peterson and his wife, Winnie Peterson, brought this action against Putnam County, alleging claims for inverse condemnation, temporary nuisance, and violations of the Tennessee Governmental Tort Liability Act (“the GTLA”). The trial court granted the county summary judgment, finding, inter alia, (1) that the plaintiffs’ proper remedy was a claim for inverse condemnation, rather than a claim for nuisance; (2) that the plaintiffs’ inverse condemnation claim was barred by the statute of limitations; and (3) that the GTLA claim fails because the plaintiffs do not fall within the protected class of persons. The plaintiffs appeal. We affirm.


Court: TCCA


Jeff Mueller, Jackson, Tennessee, for the appellant, Thurman Randolph

Paul G. Summers, Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General;Jerry Woodall, District Attorney General; and Shaun A. Brown, Assistant District Attorney General, for the appellee, State of Tennessee

Judge: SMITH

The appellant, Thurman Randolph, was arrested in February of 2005 for rape. After a preliminary hearing in the Madison County Municipal Court the charge was dismissed. Subsequently, the State presented the matter to the Madison County Grand Jury, which returned an indictment on two counts of rape. The appellant was later re-indicted by the Madison County Grand Jury on two counts of rape and two counts of statutory rape. Upon learning that part of the audiotape of the preliminary hearing was not available due to a technical glitch in the recording, the appellant filed a motion seeking dismissal of the indictment and a remand of the matter to the Jackson Municipal Court for a new preliminary hearing pursuant to Tennessee Rule of Criminal Procedure 5.1(a). The trial court denied the motion and the appellant sought an interlocutory appeal. In this interlocutory appeal, the appellant asserts that the trial court improperly denied the motion to dismiss the indictment and remand the matter to the Jackson Municipal Court. Because the trial court properly denied the motion to dismiss the indictment, we affirm the judgment of the trial court.


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