Seat on Judicial Evaluation Commission to be filled, deadline to apply is April 13

The Tennessee Bar Association is accepting applications from members interested in being nominated for a seat on the Judicial Evaluation Commission. The position is currently held by Sarah Sheppeard of Knoxville, who is not eligible for reappointment.

The TBA nominates three people and the Speaker of the House of Representatives chooses one of the nominees to serve on the commission. Interested individuals should contact TBA Executive Director Allan F. Ramsaur by mail at 221 Fourth Ave. North, Suite 400, Nashville, TN 37219. Include a letter of interest and a resume. Applications must be received by April 13. The Board of Governors will choose the TBA's nominees at its April 28 meeting. Complete details about the nomination process may be found on the TBA web site at:

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


Court: TCA


August C. Winter, Brentwood, Tennessee, for the appellant, Gina Andrews.

J. Timothy Street, Franklin, Tennessee, for the appellee, Fifth Third Bank.

Judge: CAIN

Ex-wife of debtor, who had a recorded final judgment against debtor's real property, filed action against Bank, who obtained two recorded default judgments against debtor, in order to determine which party was entitled to the excess proceeds resulting from the foreclosure sale of debtor's real property. The trial court determined that (1) Ex-wife's failure to execute on her judgment denied her the right to claim priority pursuant to Tennessee Rule of Civil Procedure 69.07(3); and (2) Ex-wife could not collaterally attack the validity of Bank's judgments. We reverse and remand.


Court: TCA


Robert L. J. Spence, Jr. and Carrie C. Thomas of Memphis, Tennessee for Appellant, Clear Channel Outdoor, Inc.

Robert E. Craddock, Jr. and Kacey L. Faughnan of Memphis, Tennessee for Appellees, A Quality Inc., d/b/a Mr. Pride and A Quality, PMM, Inc.


This case involves the interpretation of a lease agreement as it pertains to ownership of an advertising sign structure. The trial court found that Defendant/Appellee, the Lessor under the lease, is the owner of the sign structure pursuant to the terms of the lease. Plaintiff/Appellant contends that the plain language of the lease indicates that it is the owner of the disputed sign. We affirm and remand.


Court: TCA


Jeffrey P. Boyd of Jackson, Tennessee for Appellants, Carlock Nissan of Jackson, LLC, Grover Clayborn Carlock, Sr., and Grover Clayborn Carlock, Jr.

William H. Shackelford, Jr. of Memphis, Tennessee for Appellee, N. C. Edwards, II.


Lessor/Appellee sued Lessee/Appellant for breach of contract due to Lessee/Appellant's alleged failure to maintain the leased building as required under the lease. The trial court entered Judgment in favor of Lessor/Appellee, which Judgment included damages for repairs to the building, lost rent, and attorney fees. Lessee/Appellant appeals. On appeal, Lessor/Appellee asks for attorney fees in defending this appeal. We affirm the judgment of the trial court and remand for a determination of appropriate appellate attorney fees.


Court: TCA


Johnny Gant, Nashville, Tennessee, appellant Pro Se.

Santa Clarita Laboratories, appellee, not represented on appeal.


The plaintiff was a Nashville man who bought a bottle of mail order vitamins from a California company and directed the company to send the order to one of his relatives. The plaintiff was unsatisfied with the product and mailed it back to the company and asked for a refund. When no refund was immediately forthcoming, he filed suit in General Sessions Court. The company sent the plaintiff a full refund after it was served with the lawsuit. The plaintiff continued to pursue his suit through an appeal to the Circuit Court, which dismissed the case. We affirm the Circuit Court.


Court: TCA


Grace E. Daniell, Chattanooga, Tennessee, for appellant.

Karen M. Smith and Maury Nicely, Chattanooga, Tennessee, for appellee.


In this action, plaintiff alleged that he suffered two demotions with his employer due to his age. The Trial Judge granted the employer summary judgment, finding that there was merit in plaintiff's Complaint as to the first demotion, but the statute of limitations had run before the action was filed. As to the second demotion, the Trial Court held that the plaintiff failed to make out a prima facie case of age discrimination, because there was no showing that he was replaced by a younger worker. On appeal, we affirm the Trial Court's Judgment.


Court: TCA


Kenneth K. Crites, Centerville, Tennessee, for the appellant, Marie Nicholson.

Jerry W. Hamlin, Ashland City, Tennessee, for the appellee, Pam Oliver.


This appeal involves a determination of whether a now-deceased insured substantially complied with requirements for a change of beneficiary on his life insurance policy from his former wife to his daughter. Because the evidence does not preponderate against the trial court's ruling that the decedent had substantially complied, we affirm the judgment of the trial court awarding the proceeds of the policy to the daughter.


Court: TCA


Mark Walker, Springfield, Tennessee, for Plaintiff/Appellant Vicki Michelle Marlett.

Roger A. Maness, Clarksville, Tennessee, for Defendant/Appellee William Blake Thomason.

Judge: KIRBY

This is a contract case. The plaintiff's grandmother died in April 2002. Shortly after the decedent's death, a dispute arose between the parties regarding the validity of the decedent's will. In August 2002, the parties entered into a settlement agreement and release, which distributed the decedent's estate and released all claims relating to the validity of the will or to the distribution of assets in the estate. After entering into this agreement, the plaintiff was appointed administratrix of the decedent's estate. In administering the estate, the plaintiff discovered that, at the time of her death, the decedent owned four substantial financial accounts and that, between February 1997 and January 1999, the defendant was made a joint owner of these accounts. The plaintiff, as administratrix, then filed the instant lawsuit to bring the financial accounts into the estate for distribution to the decedent's intestate heirs. The defendant filed a motion for summary judgment. The trial court granted the motion based on the settlement agreement executed by the parties. The plaintiff now appeals. We reverse and remand, finding that there is a genuine issue of material fact with regard to what was within the contemplation of the parties when the settlement agreement was executed.


Court: TCA


Jason R. Stanford Pro Se.

H. Scott Saul of Nashville, Tennessee for Nicole Layrain Sylvain, Appellee.


This is a child custody case involving the issue of which state, Tennessee or Texas, has jurisdiction under the UCCJEA. The trial court determined that the child's extended stay in Tennessee was a visit in this State and not a change of residence so as to give Tennessee home state jurisdiction to modify a foreign decree of custody that had previously been entered in Georgia. Father/Appellant appeals asserting that Mother/Appellee forfeited her status as custodial parent by sending the child to live with him in Tennessee. We affirm.


Court: TCCA


Stephen M. Wallace, District Public Defender, and Leslie S. Hale, Assistant Public Defender, for the appellant, Donna W. Barnes.

Robert E. Cooper, Jr., Attorney General and Reporter; Leslie E. Price, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; Kent L. Chitwood, Jr., Assistant District Attorney General, for the appellee, State of Tennessee.


The defendant, Donna W. Barnes, was found guilty by a jury of theft of property under $500, a Class A misdemeanor. She appeals the sufficiency of the evidence to support her conviction. We conclude that sufficient evidence was presented for a rational jury to find, beyond a reasonable doubt, the defendantís guilt. We affirm the judgment of the trial court.


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