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Court: TCA


Aaron L. Thomas, Memphis, TN, for Appellant.

Christopher L. Vescovo, Memphis, TN, for Appellee.

Casey Shannon, Memphis, TN, for Appellee.


This is a medical malpractice case. The trial court granted summary judgment in favor of Appellee doctor on grounds of insufficient service of process, and failure of Appellant patient to come forward with the required expert proof to refute the motion for summary judgment. Finding no error, we affirm.


Court: TCA


Juan G. Villasenor, Nashville, TN, for Appellants.

Robert Kinton, Trenton, TN, for Appellee.

Thomas F. Bloom, Nashville, TN, for Appellee.


This is a Title IV-D child support case. Appellee father executed a voluntary acknowledgment of paternity and a consent paternity order. After discovering that he was not the child's biological father, Appellee sought relief from both his retroactive and future child support obligations. The trial court granted Appellee's motion on the ground that he was not the biological father. The State of Tennessee seeks review of the trial court's decision. We conclude that the trial court did not have authority to forgive Appellee's child support arrears. Moreover, Appellee has neither alleged sufficiently specific facts to challenge the voluntary acknowledgment of paternity as required under Tenn. Code. Ann. section 24-7-113, nor has he satisfied the necessary requirements of Tenn. R. Civ. P. 60.02 to gain relief from either the consent paternity order, or the order on child support entered in the chancery court. We reverse and remand.


Court: TCA


Martin D. Holmes, Nashville, Tennessee, for the appellant, Anne McLeay.

Rita Roberts-Turner, James Earl Robinson, John Lee Kennedy, Department of Law of the Metropolitan Government of Nashville and Davidson County, for the appellee, Metropolitan Hospital Authority.


In this action for common law writ of certiorari, petitioner appeals the trial court's holdings that petitioner was justly terminated and that the de novo hearing in the trial court cured any due process flaws that may have existed in the administrative proceedings below. We affirm.

LOVIE MITCHELL, as Executrix of the Estate of Mack Mitchell, Deceased v. KINDRED HEALTHCARE OPERATING, INC., ET AL.
CORRECTION is in the caption on the first page where Lovie Mitchell is shown as Executrix instead of Executive.

Court: TCA


David J. Ward, Chattanooga, TN, for Appellant.

T. Ryan Malone, Chattanooga, TN, for Appellant.

Jill Jensen Thrash, Chattanooga, TN, for Appellant.

Cameron C. Jehl, Nashville, TN, for Appellee.

Deborah Truby Riordan, Nashville, TN, for Appellee.

Carey L. Acerra, Nashville, TN, for Appellee.

Brian G. Brooks, Greenbrier, AR, for Appellee.


This appeal concerns the enforceability of an arbitration agreement between a nursing home and one of its patients. Although the trial court found that the patient's spouse had authority to sign the agreement under the terms of a power of attorney, the court concluded that the spouse did not knowingly and voluntarily waive the patient's right to a jury trial. Therefore, the trial court denied the defendant's motion to compel arbitration. After reviewing the entire record, we find that the facts do not support the trial court's conclusion. Accordingly, we reverse and remand.


Court: TCA


Kenneth James Sanney, Brentwood, Tennessee, for the appellant, David Solima.

John J. Hollins, Jr., Sarah S. Richter, Nashville, Tennessee, for the appellee, Stephanie Jan Clifton Solima.


Father appeals criminal contempt conviction for failure to abide by provision in Parenting Plan Order governing summer residential time with minor son. According to Father, the Parenting Plan was ambiguous so that the length of his summer residential period with his son was unclear. Finding that the provision in the Parenting Plan Order was clear, specific, and unambiguous, we affirm Father's contempt conviction.


Court: TCCA


Charles R. Curbo (on appeal) and Brett B. Stein (at trial), Memphis, Tennessee, for the appellant, Quamine Jones.

Robert E. Cooper, Jr., Attorney General and Reporter; Deshea Dulany, Assistant Attorney General; William L. Gibbons, District Attorney General; and David Zak and Anita Spinetta, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: GLENN

The defendant, Quamine Jones, was convicted of first degree premeditated murder and sentenced to life imprisonment. He argues that the evidence of premeditation was insufficient to support his conviction for first degree murder, the indictment should have been dismissed because he was denied a preliminary hearing, the trial court erred in admitting into evidence a photograph of the victim and testimony of a witness regarding his reluctance to testify, and the State withheld exculpatory evidence. Following our review, we affirm the judgment of the trial court.


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Legal News
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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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