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Court: TCA


Charles Dungan, Maryville, Tennessee, for the Appellant, M.L.P.E.

Theodore Kern, Knoxville, Tennessee, for the Appellees, R.S. and S.S.

Robert A. Cole, Knoxville, Tennessee, Guardian ad Litem for D.P.E.


R.S. and S.S. ("Petitioners") are the foster parents of D.P.E. (the "Child"), who has been in their care since June of 2003. Petitioners filed a petition seeking to terminate the parental rights of M.L.P.E. ("Mother") and J.P.E. ("Father") and to adopt the Child. Father eventually surrendered his parental rights, but Mother contested the petition. Following a trial, the Trial Court terminated Mother's parental rights after finding clear and convincing evidence that grounds existed to terminate her parental rights, and that such termination was in the best interest of the Child. We reversed the Trial Court's judgment after finding the Trial Court erred when it failed to appoint a guardian ad litem on the Child’s behalf. On remand, a guardian ad litem was appointed and a second trial was held. At the second trial, the parties stipulated that grounds existed to terminate Mother's parental rights. The sole issue in the second trial was whether there was clear and convincing evidence that termination of Mother's parental rights was in the Child's best interest. The Trial Court found that Petitioners had presented clear and convincing evidence and entered a final judgment terminating Mother's parental rights. The sole issue on appeal is whether the Trial Court erred in finding there was clear and convincing evidence that termination of Mother's parental rights was in the Child's best interest. We affirm the judgment of the Trial Court.


Court: TCA


Robert E. Cooper, Attorney General and Reporter; Michael E. Moore, Solicitor General; and Clark B. Thornton, Assistant Attorney General, Nashville, Tennessee, for the appellant, Loren L. Chumley, Commissioner of the Tennessee Department of Revenue.

Dudley W. Taylor, Knoxville, Tennessee, for the appellee, OakTenn, Inc.

Judge: LEE

The issue in this case is whether a corporation, which manages a central laundry facility created for the use of five hotels by agreement of the corporation and the limited partnerships which own the hotels, owes the State of Tennessee sales taxes on the laundry receipts. The Department of Revenue assessed sales tax on funds reimbursed the managing corporation by the five hotels under the theory that such reimbursements were actually taxable charges for laundry services. The corporation, which is also the sole general partner of the limited partnerships, challenged the assessment, and the trial court granted summary judgment in its favor. It is our determination that the payment of monies to the corporation by the five hotels were not subject to sales taxes if such monies constituted reimbursements of advancements made by a member of a joint venture in furtherance of the venture. However, the record shows that a dispute exists as to whether the laundry was a joint venture. Therefore, there remains a genuine issue of material fact. Accordingly, the trial court's grant of summary judgment is vacated, and the case is remanded for trial on the merits.


Court: TCCA


Mark Toohey (at trial), Kingsport, Tennessee, and James J. Lonan (on appeal), Johnson City, Tennessee, for the Appellant, Tory W. Marshall.

Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; Leslie E. Price, Assistant Attorney General; H. Greeley Wells, District Attorney General; Lewis Combs, Assistant District Attorney General, for the Appellee, the State of Tennessee.

A Sullivan County jury found the Defendant, Tory W. Marshall, guilty of aggravated robbery and aggravated burglary. The trial court sentenced him to an effective thirty year sentence. On appeal, the Defendant claims: (1) the trial court erred by unfairly limiting the scope of his cross-examination of a State witness; (2) the trial court failed to provide complete jury instructions; and (3) the trial court erroneously sentenced the Defendant. After a thorough review of the record and the applicable law, we affirm the trial court's judgments.


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About this publication: Today's News is a compilation of digests of news reports of interest to Tennessee lawyers compiled by TBA staff, links to digested press releases, and occasional stories about the TBA and other activities written by the TBA staff or members. Statements or opinions herein are those of the authors and do not necessarily reflect those of the Tennessee Bar Association, its officers, board or staff.

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