Bouffants, Jimmy Church to share stage at TBA event

Memphis is known for great music, so it's no surprise that this year's TBA Annual Convention in the Bluff City features outstanding musical entertainment. One highlight will be the Memphis Music Extravaganza, where the talented and big-haired Bouffants will share the stage with the big sound of the Jimmy Church Review, one of the mid-south's leading dance and show groups. The two bands will alternate performances on one stage to give you a full night of big fun. You won't want to miss this event or any of the other activities and programs scheduled for the 2009 TBA Convention, June 18-20 at the Peabody Hotel in Memphis.

Learn more about the convention or sign up now

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.

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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.

Edith L. Freemon v. Logan's Roadhouse, Inc.

Court: TCA

Attorneys:

Matthew J. Sweeney and Sonya R. Smith, Nashville, Tennessee, for the appellee, Logan's Roadhouse, Inc.

Aubrey Timothy Givens and James Lee Widrig, Nashville, Tennessee, for the appellant, Edith L. Freemon.

Judge: DINKINS

Patron of restaurant which allowed and encouraged customers to discard peanut shells on the floor as part of restaurant decor appeals summary judgment granted to restaurant in suit seeking to recover damages when she fell in the restaurant. The trial court granted the restaurant's motion, holding that restaurant did not owe a duty to patron because the presence of the peanut shells was not a latent or hidden condition and did not create a defective or dangerous condition which presented a foreseeable risk of serious injury. In addition, the court found that no reasonable jury could find that patron was not at least 50% at fault for her injuries. Finding that the trial court erroneously granted summary judgment, we reverse the case and remand for further proceedings.

http://www.tba2.org/tba_files/TCA/2009/freemone_022609.pdf


IN RE: THE ESTATE OF MARY H. HENDRICKSON
THOMAS H. WARE, ADMINISTRATOR C.T.A. v. FLORENCE McKEITHAN v. JOE ROBERT HENDRICKSON, JR.


Court: TCA

Attorneys:

Winston S. Evans and Raymond T. Throckmorton, III, Nashville, Tennessee, for the appellant, Joe Robert Hendrickson, Jr.

Joe Gibbs and Luther Wright, Nashville, Tennessee, for the appellee, Florence McKeithan.

Judge: CLEMENT

This is an interlocutory appeal from a civil action initiated by the Administrator of a decedent's estate against the decedent's son to recover assets allegedly misappropriated from the decedent prior to her death. After the Administrator commenced this action, the decedent's daughter sought to intervene and file an Intervening Complaint on behalf of the estate to recover assets against the defendant in addition to those claimed by the Administrator in his Complaint. Pursuant to an agreed order signed by all the parties, the requested intervention was granted and the daughter filed an Intervening Complaint against the defendant on behalf of the estate; the order, however, did not state whether the daughter had a right to intervene pursuant to Tenn. R. Civ. P. 24.01(2) or whether intervention was merely permissive. The defendant contends on appeal that his sister has no right to intervene and that she has no right to assert any claims on behalf of the estate. We have determined the defendant waived the issue concerning intervention by entering into an agreed order stipulating to the intervention. As for the claims the daughter asserted on behalf of the estate, the exclusive right to assert claims on behalf of the estate belongs to the Administrator, and the daughter has failed to establish, as Tenn. R. Civ. P. 24.01(2) requires, that the Administrator cannot adequately represent her interests as a beneficiary of the estate; therefore, the daughter may not assert claims on behalf of the estate. Accordingly, we affirm the stipulation to allow the intervention, reverse the probate court's holding that the daughter may assert claims on behalf of the estate, and remand with instructions to dismiss the Intervening Complaint. The extent to which the daughter may otherwise participate in these proceedings as a permissive intervenor is left to the discretion of the probate court.

http://www.tba2.org/tba_files/TCA/2009/hendricksonm_022609.pdf


THE HOMESTEAD GROUP, LLC., v. BANK OF TENNESSEE

Court: TCA

Attorneys:

Mark A. Cowan, Morristown, Tennessee, for appellants.

William C. Argabrite and Mark S. Dessauer, Kingsport, Tennessee, for appellee.

Judge: FRANKS

Plaintiff investor Group purchased a hotel from defendant Bank and after defaulting on the loan the Bank foreclosed and repurchased the hotel at the foreclosure sale. Plaintiff investor Group brought this action against the Bank based on intentional fraud and negligent misrepresentation and sought rescission and/or damages. The Trial Judge, after hearing evidence, ruled in favor of the Bank and dismissed plaintiff's action. Plaintiff appealed and we affirm the Judgment of the Trial Court.

http://www.tba2.org/tba_files/TCA/2009/homestead_022609.pdf


POWER EQUIPMENT COMPANY v. EUGENE ENGLAND, CLAIBORNE BUILDERS AND DEVELOPER, INC., and WILDER CONSTRUCTION COMPANY, INC., d/b/a LIFETIME HOMES

Court: TCA

Attorneys:

Rose Ellison, Tazewell, Tennessee, for appellant, Wilder Construction Co., Inc.

James D. Estep, III, Tazewell, Tennessee, for appellee, Power Equipment Co.

Judge: FRANKS

Plaintiff brought this action against defendant Claiborne Builders to recover the rental fees from a contract between plaintiff and Claiborne Builders for earth-moving equipment which Claiborne Builders used to remove soil from Wilder's property. The Trial Judge entered Judgment against Claiborne Builders on its contract and Wilder Construction under an implied contract. Wilder has appealed. We reverse the Judgment of the Trial Court.

http://www.tba2.org/tba_files/TCA/2009/powerequip_022609.pdf


STATE OF TENNESSEE v. ROBERT EDWARD BOWLING

Court: TCCA

Attorneys:

William A. Kennedy, Blountville, Tennessee, for the appellant, Robert Edward Bowling.

Robert E. Cooper, Jr., Attorney General and Reporter; Elizabeth T. Ryan, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and William Harper, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WITT

The defendant, Robert Edward Bowling, was convicted by a Sullivan County Criminal Court jury of aggravated robbery, see T.C.A. section 39-13-402 (2006). He challenges the sufficiency of the convicting evidence and the admission of testimony that he alleges was "fruit of the poisonous tree." Because the defendant's motion for new trial was untimely, we hold that he has waived our consideration of any issue except for sufficiency of the evidence. Holding that the jury was within its province in convicting the defendant, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2009/bowlingr_022609.pdf


STATE OF TENNESSEE v. GABRIEL EUGENE BUCHANON

Court: TCCA

Attorneys:

Daniel J. Ripper, Chattanooga, Tennessee, for the appellant, Gabriel Eugene Buchanon.

Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; William H. Cox, III, District Attorney General; and Neal Pinkston, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WITT

The defendant, Gabriel Eugene Buchanon, appeals his convictions of three counts of aggravated rape, see T.C.A. section 39-15-502(a), and one count of aggravated burglary, see id. section 39-14-403, and argues that the convicting evidence was insufficient as a matter of law. Discerning no error, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2009/buchanong_022609.pdf


Direct Shipment of Wine by Common Carrier

TN Attorney General Opinions

Date: 2009-02-26

Opinion Number: 09-15

http://www.tba2.org/tba_files/AG/2009/ag_09_15.pdf

High Volume/Central Fill Pharmacies

TN Attorney General Opinions

Date: 2009-02-26

Opinion Number: 09-16

http://www.tba2.org/tba_files/AG/2009/ag_09_16.pdf

Fundraising for Federal Office During Legislative Session

TN Attorney General Opinions

Date: 2009-02-26

Opinion Number: 09-17

http://www.tba2.org/tba_files/AG/2009/ag_09_17.pdf

Square Footage Requirements for Jail Cells

TN Attorney General Opinions

Date: 2009-02-26

Opinion Number: 09-18

http://www.tba2.org/tba_files/AG/2009/ag_09_18.pdf

TODAY'S NEWS

Legislative News
Legal News
Upcoming
TBA Member Services

Legislative News
House increases LSC budget by $40 million
The U.S. House of Representatives approved a $40 million budget increase for the Legal Services Corporation this week as part of the fiscal 2009 omnibus appropriations bill. The 11 percent increase would bring funding for the corporation to a total of $390 million. Of the total amount, $365.8 million would be awarded to nonprofit legal aid programs through competitive grants. The measure now goes to the Senate for approval.

Of additional interest to lawyers, the omnibus appropriations bill includes funding for technology grants to expand access to legal information and a loan repayment program to help new lawyers burdened with education-related debt.

Legal News
Deadline passes for 14th district court seat
Seven attorneys have applied to fill the vacancy in the 14th Judicial District Circuit Court created by the death of Judge John Wiley Rollins. They are: Manchester attorneys Robert L. Huskey with the Huskey Firm and Mark A. Williams with Fisher & Williams PLC, and Tullahoma attorneys James F. Conley; Joseph Eugene Ford with McBee & Ford; Vanessa Agee Jackson with Hull, Ray, Rieder, Eqell, Lane & Ridner PA; Charles Craig Northcott with the Law Offices of Van Cleave & Northcott PC; and Assistant District Attorney Jason Michael Ponder. The Judicial Selection Commission will convene to consider the applicants at 8:30 a.m. March 24 at the Manchester/Coffee County Conference Center.
Learn more from the AOC
Paper interviews retiring Judge Robinson
Muriel Robinson has spent more than 27 years on the bench in Davidson County's family law court and has handled cases for thousands of Middle Tennessee families in transition. According to the Tennessean, she gained a reputation as a tough decision-maker from day one, when she locked up parents who didn't pay child support. In an extensive interview following her decision to retire, Robinson talks about her decision to attend law school and what she plans to do next.
Read more from the paper
Miller & Martin beefs up sustainability efforts
Miller & Martin PLLC has formalized its Sustainability Practice Group, comprised of 30 attorneys in three offices, in order to establish a clearinghouse for its sustainability work. The firm also has committed to participate in the "ABA-EPA Law Office Climate Challenge," a joint program of the American Bar Association and the U.S. Environmental Protection Agency, which involves recycling, the purchase of energy from renewable sources and in-house energy conservation. Member Robert Dann in the firm's Chattanooga office spearheaded both efforts.
Learn more from Chattanoogan.com
Groups launch disaster legal aid site
The Legal Services Corporation, the American Bar Association, the National Legal Aid & Defender Association and Pro Bono Net have launched a national disaster legal aid web site. The resource will serve as a centralized source of information on legal issues related to disasters, help recruit and mobilize pro bono attorneys in the aftermath of a disaster, and provide accurate and timely information to victims.
Check it out at www.disasterlegalaid.org
Environmental writing competition underway
The TBA Environmental Law Section has announced its 3rd annual Jon E. Hastings Memorial Award writing competition for law student members of the TBA Environmental Law Section. The competition is held each year in memory of one of the section's most outstanding founding members and has a cash prize pool of $1,200. It is a juried competition for the best legal writing on a topic related to Tennessee or federal environmental law. Entries are due March 27.
Learn more here
Other student writing competitions available
A variety of other writing competitions for law students are available this year. The Journal of Business & Securities Law is accepting submissions through March 14 for the Elliot A. Spoon Business Law Writing Competition, which is designed to encourage business law scholarship among law students. Download details. In addition, the Bankruptcy Litigation Committee of the American Bankruptcy Institute has announced its first annual student writing competition. Papers on issues of bankruptcy jurisdiction, litigation or evidence are being accepted through March 15. Learn more. Finally, the Federal Circuit Bar Association has announced the 2009 George Hutchinson Writing Competition on any topic that lies within the procedure, substance or scope of the jurisdiction of the court. Submissions are due by June 26. Download details here

Upcoming
Supreme Court to hold public meeting in Bristol
Next Thursday, March 5, the Tennessee Supreme Court will hold a public meeting in Bristol on legal needs and access to justice issues in east and northeast Tennessee. The meeting will be moderated by Supreme Court Justice Gary Wade and feature a panel with state Representative Jon Lundberg, 2nd Judicial District Chancellor E.G. Moody, Sullivan County Circuit Court Clerk Tommy Kerns, private attorneys and representatives from Legal Aid of East Tennessee and the Oak Ridge office of the Legal Aid Society. The meeting begins at 3 p.m. at the Bristol Public Library, 701 Goode Street, Bristol, Va. 24201. For more information or to RSVP please contact Rebecca Rhodes at (615) 741-2687 x164 or Rebecca.Rhodes@tncourts.gov

TBA Member Services
Program offers savings on auto insurance
See how being a member of the TBA could help you save 8 percent on car insurance. GEICO offers 24-hour sales, service and claims. Call GEICO at (800) 368-2734
or get an online rate quote

 
 
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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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