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Court: TCA


Hugh Pierce Garner, Chattanooga, Tennessee, for the appellants, Barsha Bates Land, Monica Bates, and Samantha Talley.

William C. Rieder, Tullahoma, Tennessee, for the appellee, Larry W. Barnes; Robert M. Burns and Timothy P. Harlan, Nashville, Tennessee, and G. Michael Luhowiak, Chattanooga, Tennessee, for the appellee, Gail Shutt.


The trial court dismissed this medical malpractice case after granting motions to exclude the testimony of both of the plaintiffs' expert witnesses. Based upon our conclusion that the trial court did not abuse its discretion in excluding the testimony of either expert witness, we affirm the decision of the trial court.


Court: TCA


C. Bennett Harrison, Jr., Nashville, TN, for Appellants Brian W. Holmes, Nashville, TN, for Appellants

Christopher J. Oliver, Nashville, TN, for Appellee Michael G. Hoskins, Nashville, TN, for AppelleeS


Homeowners filed suit against Appraiser for intentional and negligent misrepresentation and violation of the Tennessee Consumer Protection Act. Appraiser moved for summary judgment on all claims. The trial court denied Appraiser's motion on the negligent misrepresentation claim, but dismissed the intentional misrepresentation claim and the Tennessee Consumer Act claim. During the course of the proceedings, the trial court also excluded certain witnesses who were tendered as experts. Both parties appeal. We affirm the trial court's grant of summary judgment on both claims, and decline to address the remaining issues for lack of justiciability.


Court: TCA


David E. Danner, Antioch, Tennessee, Pro Se.

Claire Marie Goodman and Robert A. Guy, Jr., Nashville, Tennessee, for the appellee, WS Investments.


Tenant appeals the judgment of the Circuit Court for Davidson County in an unlawful detainer action on appeal from General Sessions Court awarding Landlord back rent, possession of the premises, and attorney's fees. Tenant challenges the denial of its motion to amend the pleadings and subsequent motion for new trial, the finding that the lease agreement was unambiguous, and the denial of its motion to strike allegedly defamatory parts of the record. Finding the lease unambiguous and no abuse of discretion by the trial court in denying Tenant's motions, we affirm the judgment of the trial court in all respects.


Court: TCCA


Ryan B. Feeney, Selmer, Tennessee, for the appellant, Brian Davidson.

Robert E. Cooper, Jr., Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; William L. Gibbons, District Attorney General; and Alanda H. Dwyer and Chris West, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: GLENN

The defendant, Brian Davidson, was convicted by a Shelby County Criminal Court jury of one count of manufacturing methamphetamine, two counts of possession of methamphetamine with the intent to sell and/or deliver, one count of possession of anhydrous ammonia, one count of possession of marijuana, two counts of possession of Hydrocodone, and two counts of possession of Alprazolam. After merging the manufacturing and possession of methamphetamine convictions, the possession of Hydrocodone convictions, and the possession of Alprazolam convictions, the trial court sentenced the defendant to five years for manufacturing methamphetamine, eighteen months for possession of anhydrous ammonia, and eleven months, twenty-nine days for each of the convictions for possession of Hydrocodone, Alprazolam, and marijuana, with the sentences to be served concurrently to each other but consecutively to the defendant's sentences in a federal case. The defendant argues on appeal that the trial court erred in denying his motion to dismiss based upon a violation of the speedy trial provision of the Interstate Compact on Detainers, in denying his motion to suppress a detective's in-court identification of him, in denying his discovery request for the impeaching convictions of his codefendant, and in ordering that he serve his sentences consecutively to his federal sentences. Having reviewed the record and found no error, we affirm the judgments of the trial court.


Court: TCCA


Travis Plummer, pro se.

Robert E. Cooper, Jr., Attorney General & Reporter; Lacy Wilber, Assistant Attorney General, for the Appellee, State of Tennessee.


The Appellant appeals the trial court's dismissal of his petition for a writ of error coram nobis and his motion to reopen post-conviction petition. The trial court properly concluded that the Appellant cannot prevail on the claims asserted in the two pleadings. Accordingly, the judgment of the trial court is affirmed.

County Powers to Regulate a Sawmill on Land Zoned for Agriculture

TN Attorney General Opinions

Date: 2008-09-10

Opinion Number: 08-145

State Trooper Running For Sheriff

TN Attorney General Opinions

Date: 2008-09-10

Opinion Number: 08-146


Legal News
Disciplinary Actions
TBA Member Services

Legal News
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Committee postpones Miers testimony, Mukasey cite for contempt
The House Judiciary Committee postponed the scheduled Thursday appearance of former White House Counsel Harriet Miers regarding the firing of nine U.S. attorneys in 2006. Justice Department lawyers had made clear Miers would not appear while the U.S. Court of Appeals for the D.C. Circuit considers its request to stay a lower court's order to comply with House Judiciary Committee subpoenas. Also, yesterday the committee postponed a vote on citing Attorney General Michael B. Mukasey for contempt for not complying with a months-old subpoena for documents related to several investigations.
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Disciplinary Actions
Two lawyers suspended for not responding to complaints
The Supreme Court of Tennessee on Aug. 29 summarily and temporarily suspended Nashville lawyer Anna Everton Haas and Sullivan County lawyer Suzanne Shackelford Queen after finding that they did not respond to the Board of Professional Conduct when asked about complaints of misconduct filed against them. Download the Haas release
Download the Queen release

Memphis lawyer reinstated
Rebecca Gardner Coffee of Memphis was reinstated to the practice of law on Sept. 10 after complying with requirements for continuing legal education. She was suspended in September 2003.

Maryland lawyer reinstated
Teresa Annette Scott of Bowie, Md. was reinstated to the practice of law in Tennessee on Sept. 8 after paying the 2008 BPR fee and fine.
View all attorneys suspended and reinstated for 2008 fee violations
Celebrate Constitution Day
Middle Tennessee State University will celebrate Constitution Day with a number of events Sept. 17, including a voter registration drive.
Read about the events in the Daily News Journal
TBA Member Services
Avis benefits 'try harder'
TBA members are offered a rental car discount through Avis. Enroll in the Avis Preferred Service at to bypass the rental counter and go directly to your car for a faster, easier rental experience. Enter code AWD# A570100.

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