Loans now available for treatment, named for Judge Cain

Tennessee attorneys, judges and law students who lack resources to directly pay for treatment services may now receive loan assistance through a new program, the William B. Cain Foundation. The revolving loan program was created through a grant from the Tennessee Commission on Continuing Legal Education and Specialization, according to Laura Gatrell, Executive Director of the Tennessee Lawyers Assistance Program (TLAP). Both TLAP and the commission are funded by Tennessee licensed attorneys. The foundation was named in memory of Judge Cain, who served on the Tennessee Court of Appeals from 1998 until his death in 2007.

Find out more about the William B. Cain Foundation

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Court: TSC


Court: TSC


John S. Golwen, Colleen Denise Hitch, and Amy Charlyne Worrell, Memphis, Tennessee, for the appellant, Highwoods Properties, Inc., Highwoods Realty LP, Highwoods/Tennessee Holdings, LP, and AP Southeast Portfolio Partners, LP.

Jonathon C. Hancock, Ross Emerson Webster, Don Lester Hearn, Jr., Memphis, Tennessee, for the appellee, City of Memphis.

Judge: WADE

The Plaintiffs filed an action for declaratory judgment seeking to set aside a consent judgment entered in a lawsuit between property owners in an area of a proposed annexation and the City of Memphis. The earlier lawsuit, which the Plaintiffs failed to timely join, was a quo warranto challenge to an ordinance purporting to annex certain territory contiguous to the boundaries of the City. The consent judgment provided for the annexation of the territory described within the ordinance in two stages, with a portion of the area having an effective annexation date in 2006 and the remainder having an effective date in 2013. The trial court dismissed the complaint and the Court of Appeals affirmed. We granted permission to appeal in order to determine the propriety of the challenge to the consent decree approving of the two-step annexation. We hold that (1) the Plaintiffs are not authorized to file a declaratory judgment action challenging the consent judgment as violative of the terms of the annexation ordinance; and (2) the consent judgment did not create an unconstitutional taxing structure. The judgment of dismissal is, therefore, affirmed.

KOCH dissenting


Court: TWCA


M. Scott Willhite, Jonesboro, Arkansas, for the appellant, Charles Cruse.

R. Scott McCullough, Memphis, Tennessee, for the appellees, Rollins Truck Leasing and CNA Insurance Company.

Judge: COLE

Employee had a heart attack in 1996. He and Employer entered into a court-approved settlement of the claim, requiring Employer to provide future medical treatment for the injury. In 2000, Employee experienced additional coronary problems, which required bypass surgery. The trial court denied his petition to require Employer to pay for that medical care. We affirm the judgment.


Court: TCA


Robert L. DeLaney and Ben H. Cantrell, Nashville, Tennessee, for the Appellant, Bluegreen Vacations Unlimited, Inc.

Doris C. Allen, Knoxville, Tennessee, for the Appellee, Fairfield Resorts, Inc.


This appeal involves the validity of a restrictive covenant at Governor's Crossing development in Sevier County, Tennessee. In August of 1998, a Declaration of Covenants, Easements, Restrictions and General Standards of Development (the "Declaration") pertaining to the various tracts of land at Governor's Crossing development in Sevier County was filed with the office of the Register of Deeds. At the same time, a Restrictive Covenant and Agreement (the "Restrictions") also was filed with the Register of Deeds. After Bluegreen purchased a tract of land at Governor's Crossing following foreclosure, Bluegreen filed this lawsuit seeking a declaratory judgment that it was not prohibited by the Declaration or the Restrictions from building, marketing, or selling timeshare units on this land. Following a trial, the Trial Court determined that the Declaration was not ambiguous and that this document gave defendant Fairfield Resorts Inc., the exclusive right to develop and market timeshares at Governor's Crossing until December 31, 2050. Bluegreen appeals, and we affirm.


Court: TCA


Robert A. Wampler, Memphis, TN, for Appellants

Elbert Jefferson, Jr., City Attorney, Gerald L. Thornton, Senior Assistant City Attorney, Memphis, TN, for Appellee


The Charter of the City of Memphis provided for automatic promotion of police officers to the rank of captain after thirty years of service. In 2005, the rank of thirty-year captain was abolished, except for pension purposes. Plaintiffs, police officers with the City of Memphis, filed suit stating that they had been denied promotions to which they were entitled under the Charter, and asking the court to require that such promotions be given. The trial court dismissed Plaintiffs' claim, finding that the suit was barred under the doctrine of res judicata. Plaintiffs appeal. We reverse.


Court: TCCA


Eric Lutton, Knoxville, Tennessee (on appeal), and Mary Ward, Knoxville, Tennessee (at trial), for the appellant, Willie Douglas Johnson.

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Leslie Nassios, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WITT

A Knox County Criminal Court jury convicted the defendant, Willie Douglas Johnson, of attempted second degree murder, two counts of aggravated assault, and three counts of unlawful possession of a weapon. After merging the aggravated assault convictions into the conviction of attempted second degree murder and the weapon possession charges into a single conviction, the trial court imposed consecutive sentences of 25 years for attempted second degree murder and six years for unlawful possession of a weapon. In this appeal, the defendant asserts that the trial court erred by ruling that the State would be permitted to impeach his testimony through the use of prior felony convictions and that the trial court erred by enhancing his sentence on the basis that he showed no hesitation in committing the crimes when the risk to human life was high. Discerning no error, we affirm the judgments of the trial court.

Firearms in Public Parks That Have Athletic Fields That are Also Used by Schools

TN Attorney General Opinions

Date: 2009-07-27

Opinion Number: 09-129

Limitation of Wholesale Licenses by Ordinance

TN Attorney General Opinions

Date: 2009-07-27

Opinion Number: 09-130


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