Commission sends governor 3 Supreme Court nominees

The Judicial Selection Commission today recommended Court of Appeals Judge Sharon G. Lee of Knoxville, Kingsport lawyer D. Bruce Shine and Chattanooga lawyer John Westley McClarty as candidates to fill the Supreme Court vacancy created by the Sept. 15 retirement of Chief Justice William. M. Barker. Gov. Phil Bredesen must select one of these applicants or reject the entire list and request a second round of names.
TODAY'S OPINIONS
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 or to obtain a text version of each opinion, 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 the TBA's Membership Central.

00 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
04 - TN Court of Appeals
00 - TN Court of Criminal Appeals
03 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR

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.

CHRISTUS GARDENS, INC. v. BAKER, DONELSON, BEARMAN, ET AL.

Court: TCA

Attorneys:

George H. Nolan, Nashville, TN, for Appellant.

Robert J. Walker, Nashville, TN, for Appellees.

Kathryn Hays Sasser, Nashville, TN, for Appellees.

Judge: STAFFORD

This is an appeal from a legal malpractice lawsuit. Appellant sued law firm and lawyer for three instances of legal malpractice. On a motion for partial summary judgment, the trial court dismissed two of the three theories based upon the statute of limitations. See Tenn. Code Ann. section 28-3- 104(a)(2). Appellant filed a motion asking the trial court to certify the Order dismissing the two theories as a final order, pursuant to Tenn. R. Civ. P. 54.02. The trial court granted the motion. Appellant appealed the Order dismissing its first two theories. We find that it was error for the trial judge to certify the Order granting partial summary judgment as a final order, under Tenn. R. Civ. P. 54.02. We vacate the judgment and remand the case for trial.

http://www.tba2.org/tba_files/TCA/2008/christusgardens_081808.pdf


FORD MOTOR CREDIT COMPANY v. KURT F. LUNA

Court: TCA

Attorneys:

Kurt F. Luna, Lewisburg, Tennessee, appellant, pro se.

Steven D. Lipsey, Knoxville, Tennessee, for the appellee, Ford Motor Credit Company.

Judge: KIRBY

This appeal arises from the dismissal of an appeal from a general sessions judgment. The appellant purchaser defaulted on a loan from the appellee finance company for the purchase of a vehicle. The finance company then filed an action to recover possession of the vehicle. The general sessions court entered a judgment in favor of the finance company. The purchaser appealed the judgment to the circuit court. The finance company moved to dismiss the appeal for failure to file the required bond. The circuit court found that the purchaser was not indigent and granted the motion to dismiss. The purchaser appeals, challenging the circuit court's finding that he was not indigent. We find that an appeal bond was not required under Tennessee caselaw. Therefore, we reverse the decision of the circuit court and remand for further proceedings.

http://www.tba2.org/tba_files/TCA/2008/fordmotorcredit_081808.pdf


NINA MCKEY, ADMINISTRATRIX OF THE ESTATE OF RUBY IRENE BREWER, DECEASED v. NATIONAL HEALTHCARE CORP. ET AL.

Court: TCA

Attorneys:

John B. Curtis, Jr., and Bruce D. Gill, Chattanooga, Tennessee, for the appellants, National Healthcare Corporation et al.

Deborah Truby Riordan and Lisa E. Circeo, Lexington, Kentucky, for the appellee, Nina McKey.

Judge: BENNETT

This appeal concerns the enforceability of an arbitration agreement included in a nursing home's admission documents. The trial court denied the defendants' motion to compel arbitration based upon its finding that the defendants had not proven that the family members who signed the arbitration agreement had authority to do so under the Tennessee Healthcare Decisions Act. We affirm the decision of the trial court.

http://www.tba2.org/tba_files/TCA/2008/mckeyn_081808.pdf


VIRGINIA L. RICKETTS ET AL. v. CHRISTIAN CARE CENTER OF CHEATHAM COUNTY, INC. ET AL.

Court: TCA

Attorneys:

Lisa Erickson Circeo and Deborah Truby Riordan, Nashville, Tennessee; Brian G. Brooks, Greenbrier, Arkansas; and Susan Nichols Estes, Little Rock, Arkansas, for the appellants, Virginia L. Ricketts, as administratrix of the Estate of Mary Lenore Williamson, deceased, and on behalf of the wrongful death beneficiaries of Mary Lenore Williamson.

Christy Tosh Crider, Sonya R. Smith, and John Michael Phillips, Nashville, Tennessee, for the appellees, Christian Care Center of Cheatham County, Inc. and Care Centers Management of Cheatham County, Inc.

Judge: BENNETT

This is an interlocutory appeal concerning the enforceability of an arbitration agreement included in a nursing home's admission agreement. The trial court ruled that the arbitration agreement was enforceable. Because we find that the person who signed the admission agreement did not have the authority to act for the decedent, we reverse the decision of the trial court.

http://www.tba2.org/tba_files/TCA/2008/rickettsv_081808.pdf


Vote of Municipal Planning Commission to Approve or Disapprove a Plat

TN Attorney General Opinions

Date: 2008-08-18

Opinion Number: 08-135

http://www.tba2.org/tba_files/AG/2008/ag_08_135.pdf

Authority of General Sessions and City Courts to Issue Subpoenas for Telephone and Other Electronic Records in the Possession of Service Providers

TN Attorney General Opinions

Date: 2008-08-18

Opinion Number: 08-136

http://www.tba2.org/tba_files/AG/2008/ag_08_136.pdf

Assistant District Attorney Serving as a Municipal Judge

TN Attorney General Opinions

Date: 2008-08-18

Opinion Number: 08-137

http://www.tba2.org/tba_files/AG/2008/ag_08_137.pdf

TODAY'S NEWS

Legal News
Election 2008
Disciplinary Actions
TBA Member Services

Legal News
Lewis op ed supports Tennessee Plan
In an opinion piece that ran Sunday in the Tennessean, TBA President Buck Lewis says the "Tennessee Plan is the best plan [the state has] ever had to pick...judges" and lays out three reasons why the state legislature should not let it die.
Read the editorial
New Racial & Ethnic Diversity Committee begins work
The TBA Racial & Ethnic Diversity Committee (TBA-CRED) held its inaugural meeting on Thursday. Formed this spring under TBA President Buck Lewis, TBA-CRED is the TBA's newest standing committee. Its purpose is to promote and enhance diversity in our state's bench and bar, working from the foundation laid by the TBA's Racial & Ethnic Diversity Task Force. If you are interested in joining or working with TBA-CRED, or if you know individuals and groups that are currently working on diversity issues who might be interested in collaborating with this committee, please contact committee chair Paz Haynes.

Moncier has week to finish charity work or face jail
A federal judge today put Knoxville attorney Herbert S. Moncier on notice he faces revocation of his probation and a likely jail term if he does not complete his court-ordered community service by Aug. 25. Moncier had requested additional time to complete 30 of the 90 hours he was given a year ago as part of a contempt charge. He also must spend a year on supervised probation, pay a $5,000 fine, attend anger management classes and take a refresher course on legal ethics.
The News Sentinel has the story
Carter County sheriff may sue over budget
Today's meeting of the Carter County Commission may be the last chance for the legislative body and Sheriff Chris Mathes to reach a compromise before Mathes files a writ of mandamus lawsuit -- a judicial remedy in which a judge orders a government entity to perform its legal duty. In this case, Mathes believes the commission has failed to adequately fund his office so that he can fulfill the duties he is legally required to perform.
Read about it in the Kingsport Times News
Deadline near for Access to Justice Award nominations
The Tennessee Bar Associationís Access to Justice Committee is soliciting nominations for the 2008-2009 Access to Justice Public Services Awards, including the Ashley T. Wiltshire Public Service Attorney of the Year Award, the Harris Gilbert Pro Bono Award and the Law Student Volunteer Award. These awards will be presented at the TBA Public Service Awards Luncheon, Jan. 17, 2009. The deadline for nominations is Aug. 22.
Find out more and submit your nomination here
Election 2008
Party's judicial nomination in doubt
Over the weekend, the Knox County Republican party debated whether to nominate a replacement for General Sessions Judge Bob McGee, who recently was elected to a seat on the criminal court. The group ultimately postponed that decision. A state election officer says the county commission should appoint a successor to McGee. Knox County Law Director John Owings, who reportedly is interested in the job, has requested another attorney general opinion on the issue. In related news, the party chose Joy McCroskey as its nominee to fill the unexpired term of the late Martha Phillips, former clerk of the General Sessions Court.
The News Sentinel has more
Disciplinary Actions
Lawyer removed from suspended list
Chattanooga lawyer Shadrach Jerome Hale II was incorrectly suspended on May 27 for non-payment of annual fees to the Board of Professional Responsibility. The court recently discovered that Hale passed away April 26. His name therefore has been removed from the 2008 suspension list.
View all attorneys suspended for fee violations
Virginia lawyer reinstated
Dina Guiguis of Arlington, Va. has been reinstated to the practice of law in Tennessee after completing required continuing legal education courses. She was suspended in September 2003.

TBA Member Services
Let JobLink help you with your next career move
A career service for Tennessee attorneys and law students, TBA JobLink is a job seeking and recruitment tool available at no charge. Whether you have a position to fill or are seeking employment, this site will guide you through a simple process to post your information.
Visit the site

 
 
Discontinue your TBA Today subscription? ... Surely not!
But if you must, visit the TBALink web site at:
http://www.tba2.org/tbatoday/unsub_tbatoday.php

Questions, comments: Email us at TBAToday@tnbar.org

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.

© Copyright 2008 Tennessee Bar Association