Bar exam results released this Friday

The Board of Law Examiners has said it will release the names of successful candidates from the July bar exam on Friday around mid-day. The list will be posted on as soon as it is available.
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CORRECTION page 9 second paragraph line 7, line 8 and page 10 line 1

Court: TCA


Paul R. White and Keith A. Turner, Nashville, Tennessee, for the appellants, Herman Novak and Faith Novak.

Stephen C. Knight and Nader Baydoun, Nashville, Tennessee for the appellees, Wendell P. Baugh, III, and Laura W. Baugh.


This case arises out of a business agreement between the parties. Plaintiffs executed a note to purchase a company. The note contained a stock transfer restriction. Subsequently, Plaintiffs entered into a business agreement with Defendants. The subject of that agreement is disputed in this lawsuit, but Plaintiffs contend that Defendants purchased one-half of the company and executed an indemnity agreement to indemnify Plaintiffs for one-half of the note on the purchase of the company. After operating for nearly ten years, the company failed. At trial, Plaintiffs sought to enforce the indemnity agreement, and Defendants counterclaimed to recover $73,000.00 that they paid to Plaintiffs before they allegedly executed the contract. The trial court found in Plaintiffs' favor. Defendants now appeal claiming that the trial court made several evidentiary errors, that the contract is unenforceable because it violated the statute of frauds, that parol evidence regarding the terms of the contract was inadmissible, and that the corporation cannot continue its existence and sell stock after dissolution. We reverse the trial court's determination based on our finding that the contract is unenforceable as a matter of public policy.


Court: TCA


Bob Lynch, Nashville, Tennessee, and Bradley J. Shafer, Lansing, Michigan, for the appellants, Deja Vu of Nashville, Inc., d/b/a Deja Vu, Meroney Entertainment, Inc., d/b/a Ken's Gold Club, D.F. Group, Inc. d/b/a Anthony's Showplace, and Stephanie's Cabaret of Tennessee, LLC d/b/a Stephanie's Cabaret, Jane Doe I and Jane Doe II.

Francis H. Young, Nashville, Tennessee, for the appellee, The Metropolitan Government of Nashville and Davidson County, et al.


Appeal from the dismissal of Plaintiffs' claims on a Tenn. R. Civ. P. 12.02(6) Motion to Dismiss for failure to state a claim upon which relief can be granted. Plaintiffs, several sexually oriented businesses and two exotic dance entertainers, filed suit against the Metropolitan Government of Nashville and Davidson County and the Metropolitan Sexually Oriented Business Licensing Board challenging Chapter 6.54 of the Metropolitan Code of Laws, which governs the licensing and regulation of sexually oriented businesses. Plaintiffs alleged that the Ordinance was unconstitutional, both facially and as applied, under the Tennessee Constitution for, inter alia, violations of their rights to free speech, expression, privacy, association, equal protection, and due process. Two years after their first Motion to Dismiss was denied, Defendants filed a Renewed Motion to Dismiss, which the trial court granted. This appeal followed. We affirm the dismissal of Plaintiffs' claims as Plaintiffs have asserted no factual allegations which support an "as applied" constitutional challenge to the Ordinance, nor have they alleged any basis for a facial challenge to the Ordinance other than vague, conclusory legal statements.


Court: TCA


Kathryn J. Dugger-Edwards, Elizabethton, Tennessee, for the Appellant, Audrey C.

Jerry J. Fabus, Gray, Tennessee, for the Appellees, Amanda Griffith and Charles Griffith.


This appeal concerns the termination of parental rights. Amanda Griffith and Charles Griffith ("the Griffiths") filed a Petition seeking to terminate the parental rights of Audrey C. ("Mother") and Noah C. ("Father"), to the minor child, Malichi C. After conducting a hearing, the trial court entered an order terminating Mother' parental rights because of severe child abuse, abandonment by willful failure to pay child support, and the best interest of the child. Mother appeals. We affirm.


Court: TCA


Greg Leffew, Rockwood, Tennessee for the Appellant, Wilma Walker.

James S. Smith, Jr., Rockwood, Tennessee for the Appellee, William David McLarty.


On remand from this Court in an earlier appeal in this case, the Trial Court entered an order on April 9, 2009 finding and holding, inter alia, that Wilma Walker ("Defendant") and her tenants, guests, and invitees were restrained from, among other things, parking in or obstructing a driveway shared by Defendant with William David McLarty ("Plaintiff"). The Trial Court's order held that Defendant would be strictly liable for violations of the restraining order by any of her tenants, or guests or invitees of her tenants. Defendant appeals the Trial Court's order to this Court. We affirm.


Court: TCA


Jennifer Twyman King, Jackson, TN, for Appellant

Barbara Hobock, Cynthia Chandler-Snell, Humboldt, TN, for Appellee


This appeal involves the enforcement of a marital dissolution agreement, which provided that the parties would jointly own various retirement accounts after their divorce. Several years after the divorce, the wife filed a petition for relief alleging that the husband was using the funds in the retirement accounts for his own benefit and denying her access to the funds. The trial court essentially divided the retirement funds between the parties and ordered the husband to repay the wife one-half of the funds he had withdrawn since the divorce. The husband appeals. We affirm.


Court: TCA


Robert L. Bowman, Knoxville, Tennessee, and Jeffrey A. Phillips, Greenville, South Carolina, for the Appellant, Dorothy Morton.

Jay W. Mader, Knoxville, Tennessee, for the Appellees, Covenant Health Corporation and Parkwest Medical Center.


This is a retaliatory discharge lawsuit filed by Dorothy Morton ("Plaintiff") against Parkwest Medical Center and Covenant Health Corporation ("Defendants"). While employed by Defendants as a surgical tech, Plaintiff informed an unwed new mother, a patient at Parkwest Medical Center, that she was aware of a couple that might be interested in adopting the baby. The couple interested in adopting the baby were the son and daughter-in-law of one of Plaintiff's friends. Plaintiff admitted that her conduct violated Parkwest Medical Center's policy regarding adoptions, but she insisted that she was not aware of that policy at the relevant time. Plaintiff's employment was terminated because of her actions. Plaintiff sued, arguing that her termination constituted a retaliatory discharge because it was in violation of rights given to her by statute and because it violated the clear public policy of the State of Tennessee. Both Plaintiff and Defendants filed motions for summary judgment. The Trial Court granted Defendants' motion for summary judgment. Plaintiff appeals. We agree with the Trial Court that Plaintiff's termination did not violate a Tennessee statute or a clear public policy of this State and, therefore, affirm the judgment of the Trial Court.

In re T.D.M.C. AND D.M.A.

Court: TCA


Anita Lynn Vinson Coffinberry, Erin, Tennessee, for the appellant, J.S.A.

James Leonard Baum, Burns, Tennessee, for the appellant, M.H.D.M.

Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; Douglas Earl Dimond and Joshua Davis Baker, Assistant Attorneys General; for the appellee, State of Tennessee.


Mother appeals from a juvenile court order terminating her parental rights to her two children. Father appeals an order terminating his parental rights to his child with Mother. Finding clear and convincing evidence to support the juvenile court's determination, we affirm.


Court: TCCA


J. Matthew King (on appeal and at trial), and Jason R. McClellan (at trial), Kingsport, Tennessee, for the appellant, Randy Joe McNew.

Robert E. Cooper, Jr., Attorney General and Reporter; Clark B. Thornton, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and Brandon Haren and Julie Canter, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: WITT

A Sullivan County Criminal Court jury convicted the defendant, Randy Joe McNew, of driving after having been declared a motor vehicle habitual offender, see T.C.A. section 55-10-616 (2004), violating the vehicle registration law, see id. section 55-5-115, and driving under the influence, see id. section 55-10-401. The trial court imposed an effective sentence of four years to be served in the Department of Correction. On appeal, the defendant challenges the sufficiency of the convicting evidence, argues that a violation of the rule of sequestration rendered a State's witness incompetent to testify, claims that the trial court erred by refusing to rule prior to trial on the admissibility of evidence of the defendant's prior convictions, and attacks the sentencing decision of the trial court. Discerning no error, we affirm the judgments of the trial court.

TIPTON concurring


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