ABA President-elect Tommy Wells to visit Nashville

Tommy Wells, president-elect of the American Bar Association, will visit Nashville on Nov. 7, at the invitation of Lipscomb University's Law, Justice and Society program. Wells' visit will provide lawyers several opportunities to engage with the organized bar. Events include a conference on plumbing the leaks in the diversity pipeline, a luncheon featuring an address by Wells on the core values of the profession, and a reception honoring Wells at the Tennessee Bar Center. For more information or to register for any of these events visit:

http://www.tba.org/events/wellsvisit_110707.html

TODAY'S OPINIONS
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You can obtain full-text versions of the opinions two ways. We recommend that you download the Opinions to your computer and then open them from there. 1) 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. 2) 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.

MARY LOU GAMMO v. RICHARD ROLEN, ET AL.

Court: TCA

Attorneys:

Mark D. Edmonds, Jonesborough, Tennessee, for the Appellant, Mary Lou Gammo.

Thomas C. Jessee, Johnson City, Tennessee, for the Appellees, Richard Rolen and Lisa J. Rolen.

Judge: SWINEY

Mary Lou Gammo sued her neighbors, Richard and Lisa Rolen, seeking removal of a fence the Rolens erected which prevented Ms. Gammo from using an alley located on the Rolens' property. Ms. Gammo alleged that language in a deed in her chain of title granted an easement for use of the alley or, in the alternative, that she and her predecessors in title had established an easement by prescription. A Special Master heard evidence and concluded that there was no easement in favor of Ms. Gammo over the Rolens' property. The Trial Court adopted the findings of the Special Master and dismissed Ms. Gammo's complaint. After careful review, we hold that the language in the deed in Ms. Gammo's chain of title which identified the boundary of her property with "an iron pin in an alley or driveway which affords an outlet from the Lot hereinabove described to New Street" created an easement appurtenant for use of the Rolens' alley because the lots now owned by Ms. Gammo and the Rolens were held by a common grantor when this deed was executed. We affirm the Trial Court's ruling that Ms. Gammo did not prove the existence of a prescriptive easement. Affirmed in part and reversed in part.

http://www.tba2.org/tba_files/TCA/2007/gammo_102407.pdf


IN RE ESTATE OF WILLIAM JOE POWELL, DECEASED

Court: TCA

Attorneys:

Philip C. Kelly and Gwynn K. Smith, Gallatin, Tennessee, for the appellant, Sharon Ann Powell Parks.

Mitzi Samples and J. Christopher Clem, Chattanooga, Tennessee, for the appellees, Joseph Brentley Powell and Mitzi P. Samples.

Judge: LEE

The decedent executed a will in 2001 and a second will in 2004. The decedent made handwritten alterations to the 2001 will at some time subsequent to its execution. After the decedent died, the 2004 will could not be located, and the 2001 will was presented for probate. The trial court ruled that the 2001 will was revoked by the 2004 will and that the decedent died intestate. We reverse the judgment of the trial court because there was no proof that the terms of the two wills were inconsistent or that the 2004 will contained a clause revoking the earlier will. Further, we remand for a determination as to whether the decedent intended to revive the 2001 will and if so, the effect of the decedent's markings on such will.

http://www.tba2.org/tba_files/TCA/2007/powellj_102407.pdf


ROMMIE DELEE STONE, JR. v. CATHY (STONE) CRAWFORD

Court: TCA

Attorneys:

Jerrold L. Becker, Knoxville, Tennessee, for the Appellant, Rommie Delee Stone, Jr.

Douglas R. Beier, Morristown, Tennessee, for the Appellee, Cathy (Stone) Crawford.

Judge: SWINEY

Cathy (Stone) Crawford ("Mother") and Rommie Delee Stone, Jr. ("Father") were divorced in 2002. Mother and Father have a son who is seven years old. Following the divorce, the parties operated under a residential co-parenting schedule which essentially split each party's co-parenting time on an equal basis, although Mother was designated as the primary residential parent. In 2005, Mother filed a petition to modify the parenting plan claiming, among other things, that the current schedule no longer worked once the child began school. Following a trial, the Trial Court concluded that a material change in circumstances had been proven such that it was appropriate and in the child's best interest to modify the existing residential parenting schedule by limiting Fathers' residential time with the child. Father appeals. We modify the judgment, affirm the judgment of the Trial Court as modified, and remand for further proceedings consistent with this Opinion.

http://www.tba2.org/tba_files/TCA/2007/stoner_102407.pdf


Rutherford County Reader as Newspaper and/or Newspaper of General Circulation

TN Attorney General Opinions

Date: 2007-10-19

Opinion Number: 07-146

http://www.tba2.org/tba_files/AG/2007/ag_07_146.pdf

Private Act Environmental Court

TN Attorney General Opinions

Date: 2007-10-19

Opinion Number: 07-147

http://www.tba2.org/tba_files/AG/2007/ag_07_147.pdf

Tennessee Handgun Carry Permit Laws

TN Attorney General Opinions

Date: 2007-10-22

Opinion Number: 07-148

http://www.tba2.org/tba_files/AG/2007/ag_07_148.pdf

TODAY'S NEWS

Legal News
Legislative News
Upcoming
Disciplinary Actions
TBA Member Services

Legal News
Birch joins Tennessee State faculty
Tennessee State University has named former state Supreme Court Justice Adolpho A. Birch Jr. as the distinguished chair in law, justice and policy at the school's Institute of Government. Birch, the Tennessean reports, will assume the position on Nov. 1 and will conduct public lectures, teach, advise pre-law students and participate in special projects.

DOJ: school board violated desegregation order
The U.S. Department of Justice has informed the Fayette County Board of Education that it likely violated a federal desegregation order when it built East and West Junior High schools in 2001 and 2002. The department's lawyer researching the case promised to provide a report of her findings, which Director of Schools Myles Wilson said he would release publicly.
The Fayette County Review reports
New title, old job for Dedrick
He's done the work, and now, after repeated stints as "acting" U.S. Attorney, Russ Dedrick has finally landed the job. The News Sentinel recently sat down with Dedrick for an interview.
Read about it
Shattuck will not run again
Friends and colleagues gathered Tuesday to honor Hamilton County General Sessions Judge Clarence Shattuck, who recently surpassed 25 years on the bench. Shattuck has announced that he will not seek re-election when his term expires in 2014, and yesterday he hinted that retirement may come sooner than that.
The Times Free Press looks at his tenure
County attorney faces personal legal woes
The attorney elected to handle Roane County's legal matters is facing his own legal woes on several fronts in the midst of his third four-year term in office. Tom McFarland is the focus of several recent allegations of wrongdoing, including making degrading, lurid comments to employees; abusing his wife; and assaulting another man.
The News Sentinel has the story
Williamson sheriff pleads not guilty to criminal charges
Williamson County Sheriff Ricky Headley pleaded not guilty to four charges of official misconduct yesterday morning. Today, he faces arraignment on 33 criminal counts in Davidson County, and was expected to plead not guilty to those as well. Headley is accused of using fraudulent prescriptions at a Nashville pharmacy.
Read more in the Tennessean
Hamilton County names judicial commissioners
Hamilton County Commissioners today chose Yolanda Mitchell as the chief judicial commissioner and Larry Ables, Bob Meeks and Marty Lasley as regular judicial commissioners.
Read more in the Chattanoogan.com
Legislative News
Panel suggests quorum requirement
The subcommittee looking at proposed changes to the state's sunshine law voted yesterday to limit the law's application to government meetings involving at least a quorum of members. Currently, any meeting of two or more city council or county commission members can be subject to the law. The subcommittee also recommended that civil penalties be imposed for the first time for violations of the law. The proposals now go to the full Open Government Study Committee for possible presentation to the General Assembly.
The News Sentinel has the story
Upcoming
Seminar on retirement plan laws comes to Nashville
The U.S. Department of Labor will sponsor a free compliance assistance seminar on Oct. 30, at the Willis Conference Center in Nashville. The event, which will run from 8:30 a.m. to 4:30 p.m., is part of the department's national education campaign to increase awareness and understanding of the basic responsibilities associated with operating private sector retirement plans. To RSVP contact Pat Humphlett at (202) 693-8660 or humphlett.patricia@dol.gov

For more information visit the department's web site

Disciplinary Actions
Two attorneys reinstated
Pamela Gail Vawter of Nashville and Daniel Ray Woodlief Jr. of Germantown have been reinstated to the practice of law in Tennessee after paying the annual BPR fee.
View all attorneys suspended and reinstated for 2007 fee violations
TBA Member Services
Student loans at low rates through SunTrust
The TBA and SunTrust Bank now have a Partnership Program to help alleviate the burden of student loans. Members and their families can consolidate their federal student loans at a special low fixed rate - right now as low as 5.375 percent. In addition, those with consolidation loans greater than $10,000 are eligible to reduce their interest rate by another 1.5 percent for on-time payments and automatic debit payments.
Learn more

 
 
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