Gordon, Lewis ask for expedited appeal in court vacancy case

Late today, Houston Gordon and Buck Lewis appealed Chancellor Ellen Hobbs Lyle's decision setting procedures for the submission of new Supreme Court candidates to Governor Phil Bredesen. The two, whose names were included on previous lists submitted to the governor, also petitioned the state Supreme Court to exercise its statutory "reach down" jurisdiction and take the appeal directly.
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
01 - TN Court of Appeals
00 - TN Court of Criminal Appeals
00 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR

TBA members can get the full-text versions of these opinions three ways detailed below. All methods require a TBA username and password. If you have forgotten your password or need to obtain a password, you can look it up on-line at http://www.tba.org/getpassword.mgi

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


Court: TCA


Christina Ferrell, Franklin, TN, for Appellants.

Gregory L. Cashion, Samuel J. Welborn, Nashville, TN, for Appellees.


In this appeal, we are asked to determine whether the chancery court properly awarded the plaintiffs a judgment of $90,000. The defendants made improvements to their real property, placing a paved driveway over a previously existing logging trail. The plaintiffs noticed an increased water runoff from storms onto their own real property, which abutted the defendants' property, and they attributed this increase to the improvements made by the defendants. The plaintiffs filed a complaint, and the action was referred to a judicial settlement conference. The result was the parties' entering into an agreed order to have engineers confer on a solution, however, a compromise was never reached. After a bench trial, the chancery court issued a memorandum opinion in which it found the defendants' actions to be an actionable temporary nuisance for which they were ordered to pay $14,144.50 in damages. The court also ordered the defendants to hire an engineer and workers to perform construction under one of two possible options, or to comply with a third option of payment for the cost of building a retaining wall, within 180 days from final judgment to prevent further damage to the plaintiffs' property. The court further ordered that its memorandum opinion be reduced to writing in an order and final judgment to be drafted by the plaintiffs. The plaintiffs drafted an order, which the trial court and counsel for all parties signed, however this order substituted part of the court's language regarding the costs of a retaining wall with the specific dollar amount of $90,000. After 180 days had expired, and the defendants had begun but not completed construction per their chosen option, the plaintiffs filed for an execution of judgment in the amount of $90,000. The chancery court stayed the execution of judgment for thirty days, during which the parties’ experts were to confer as to the sufficiency of the defendants' actions in addressing the nuisance. When this time period expired with no agreement between the experts or the parties, the chancery court entered an order for judgment in favor of the plaintiffs for $90,000. The defendants filed a timely notice of appeal to this Court. We affirm.



Legal News
BPR Actions
Online CLE

Legal News
Ford asks for trial delay
A day after John Ford was accused of accepting a $40,000 watch as a pay-off for official actions, his lawyers were in court asking for postponement of a separate bribery trial, saying that the sudden adverse publicity hurt his chances for a fair proceeding. Ford's trial stemming from the Tennessee Waltz investigation is scheduled to begin on Feb. 5.
The Commercial Appeal reports on the story
DCS to issue holiday passes
The Tennessee Department of Children's Services will allow an unspecified number of juveniles in its custody to go home for the holidays starting as early as today. The move comes at a time when the department is under attack for failing to get tough on juveniles who have escaped from state custody. DCS promised to closely scrutinize children released this weekend, reports WSMV-TV News Channel 4.
Learn more about the plan
Councilman argues police chief should be outside leader
Chattanooga City Council Chairman Leamon Pierce said this week that a strong outside leader should have been chosen as chief of the city's police department. He argued that the large number of lawsuits brought against city police indicate that independent leadership is needed. He also questioned the hiring process for the new chief and suggested the choice was politically motivated.
Chattanoogan.com has the story
Hamilton County rethinks role of tax attorney
The Hamilton County Commission is considering shifting responsibility for collection of back taxes from the county back tax attorney to the county attorney. Those supporting the move said it could save as much as $100,000.
Read more at Chattanoogan.com
Mayor doubts new officers improve court security
The McMinn County Commission recently approved the hiring of two additional court officers, but the county mayor said the move would not ease overcrowding or improve security at local courts. Meanwhile, Chancellor Jerri Bryant called for a monitoring system that would allow security personnel to keep an eye on individual courtrooms.
The Times Free Press has more
Mayor says county not liable for magistrate's actions
Blount County Mayor Jerry Cunningham said it doesn't appear the county has any liability in a federal lawsuit filed by the mother of a girl allegedly photographed inappropriately by magistrate Dustin Hatcher.
Blount Today has the story
UT Advocacy Center publishes first newsletter
The Center for Advocacy and Dispute Resolution at the UT College of Law has published its first newsletter. The inaugural issue of The Advocate profiles new faculty and student activities.
Download the fall/winter issue
Court OKs special interest ads during elections
A federal appeals court yesterday relaxed restrictions on corporations, unions and other special interest groups that advertise during elections. By a 2-1 margin, the court said the groups may mention candidates by name so long as they are trying to influence public policy, not sway elections. The case automatically heads to the Supreme Court for review.
Bristol Herald Courier carried this AP report
BPR Actions
CLE suspension lifted for Memphis lawyer
Ronald Thomas Solberg has been reinstated to the practice of law in Tennessee after complying with state requirements for continuing legal education.
View all attorneys suspended in 2006 for CLE violations
Online CLE
Here's help meeting 2006 CLE requirements
Need an hour or two of CLE to complete your 2006 requirements? The TBA's TennBarU online university is ready to help. With more than 25 text-based and 150-plus video courses -- many carrying ethics credit -- you'll find the programs you want and need.
Register or find out more now

But if you must, visit the TBALink web site at: https://www.tba2.org/tbatoday/unsub_tbatoday.php

TBALink HomeContact UsPageFinderWhat's NewHelp
© Copyright 2006 Tennessee Bar Association