Second judge approved for Shelby juvenile court

Over the vehement objections of juvenile court officials, a divided Shelby County Commission voted yesterday to approve a second judge for the court and asked the county attorney's office to provide a legal opinion regarding the process for implementation. The court's lone juvenile judge also argued against the move saying it would result in competing personalities and conflicting philosophies that would create chaos. The Commercial Appeal has details on the debate:,2845,MCA_25340_5123740,00.html

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


Court: TSC


Joe Costner, Maryville, Tennessee, for the Appellants, Shelby Abbott and Charles Abbott.

Norman H. Newton and LaJuana G. Atkins, Maryville, Tennessee, for the Appellee, Blount County.

Judge: BIRCH

This Court granted permission to appeal in this case pursuant to Rule 11 of the Tennessee Rules of Appellate Procedure to determine whether summary judgment was appropriately granted by the trial court. Upon review, we affirm the holding of the Court of Appeals that genuine issues of material fact exist regarding whether the plaintiffs were made whole by the amounts paid by Blount County and the tortfeasors. As part of this determination, we find that issues of material fact also exist regarding whether Blount County has a right to reimbursement. Additionally, we affirm the holding of the Court of Appeals that genuine issues of material fact exist regarding whether Blount County waived its claim to subrogation. Accordingly, we affirm the judgment of the Court of Appeals that summary judgment was inappropriate and remand the case to the trial court for further proceedings.


Court: TSC


Mark L. Agee and Jason C. Scott, Trenton, Tennessee, for the Appellants, Linda Smallwood and William Smallwood, on behalf of John Smallwood.

William D. Bowen, Milan, Tennessee, for the Appellee, Jessica Mann.

Judge: BIRCH

In this case, the paternal grandparents of a minor child whose parents were not married petitioned the Juvenile Court of Gibson County for an order of visitation for the father. After a hearing, the trial court granted the petition and entered an order awarding visitation to the grandparents conditioned on the father's unavailability. We accepted review of this matter pursuant to Rule 11 of the Tennessee Rules of Appellate Procedure in order to determine whether the trial court's "conditional" order is governed by the statute allowing visitation rights to grandparents. Upon consideration, we have determined that the order entered by the trial court is, indeed, an order granting visitation to the grandparents and that the grandparents are not entitled to visitation under either the grandparents' visitation statute or through an "assignment" of the father's rights. Because Section 36-6-306 of the Tennessee Code Annotated vests only the circuit and chancery courts with jurisdiction in grandparents' visitation matters, the Juvenile Court of Gibson County had no authority to adjudicate the issue of grandparent visitation. Accordingly, the judgment of the Court of Appeals is affirmed, the judgment of the juvenile court is reversed to the extent it awarded visitation to the grandparents, and the case is remanded to the juvenile court for dismissal.


Court: TSC


LaJuana G. Atkins, Norman H. Newton, and Robert Newton Goddard, Maryville, Tennessee, for the appellant, Blount County, Tennessee.

Charles Buford Dungan, Maryville, Tennessee, for the appellee, Dennis Wilson.


We granted this appeal to determine the requirements for notice in a tax lien suit. The property owner filed suit in the Chancery Court for Blount County to set aside a default judgment in a suit for the enforcement of a tax lien. The property owner argued that Blount County failed to comply with Tennessee Code Annotated Sections 67-5-2415 and 21-1-203 and the Due Process Clause of the Fourteenth Amendment in providing notice of the tax lien suit. The trial court dismissed the property owner's suit, finding that the Blount County Sheriff's Department exercised due diligence in attempting to serve process. The Court of Appeals reversed. We now affirm the judgment of the Court of Appeals.


Court: TCA


Michael U. King, Huntingdon, TN, for Appellants.

Dwayne D. Maddox, III, Huntingdon, TN, for Appellee Dr. Ronald D. Teddleton.

Mark L. Agee, Trenton, TN, for Appellee Karen Teddleton.


This case began as a breach of warranty and misrepresentation action against a husband and wife as sellers of property. The buyers had been sued in a separate action by adjoining landowners who disputed the boundary between their land and the property purchased by the buyers. After a judgment was entered against the buyers ordering them to convey a portion of the property to their neighbors, they filed suit against the sellers, who had since divorced. The trial court entered a default judgment against the wife after she failed to defend the case. The court then dismissed the husband from the case pursuant to Tenn. R. Civ. P. 19, finding that he had been an indispensable party to the previous boundary dispute lawsuit between the buyers and their neighbors, and that failure to join him in that lawsuit required that he be dismissed from this subsequent suit. The buyers timely filed their notice of appeal. The trial court subsequently entertained and granted the wife's motion to set aside the default judgment and ultimately dismissed her from the suit as well, finding that she had also been an indispensable party to the boundary dispute action and was not joined in the lawsuit. For the following reasons, we vacate the trial court's order which set aside the default judgment, reverse the trial court's order dismissing the claims against the husband, and remand the cause for further proceedings.


Court: TCA


Plaintiff/Appellant Kelvin Sanders, Bethel Springs, Tennessee, pro se.

D. Christopher Carson, Birmingham, Alabama, for Defendant/Appellee Homecomings Financial.

Judge: KIRBY

This is a tort action. The defendant mortgage company serviced the mortgage loans on two homes owned by the plaintiff. After one of the plaintiff's two homes burned down, the plaintiff received insurance proceeds for the destroyed home. The proceeds were mistakenly applied to the mortgage on the wrong property, and a deed of release was prepared on the intact home. Subsequently, the defendant mortgage company recorded an affidavit to reinstate the trust deed and the funds were paid to satisfy the mortgage on the destroyed home. The plaintiff filed suit against the defendant. Liberally construed, the plaintiff's complaint asserted claims for deprivation of civil rights, tortious interference with business relationships, and intentional infliction of emotional distress. The trial court granted the defendant's motion to dismiss, ruling that the plaintiff failed to properly serve process on the defendants and the plaintiff's complaint failed to state a claim upon which relief could be granted. The plaintiff appeals. We dismiss the appeal, finding that the plaintiff has not appealed from a final judgment.


Legal News
Election 2006
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Legal News
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The Leaf Chronicle has the story
Read the BPR's release
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