Change in timing, payment of CLE fees proposed

The Tennessee Commission on Continuing Legal Education and Specialization has proposed, by petition filed with the Tennessee Supreme Court this week, to change the timing and manner in which lawyers report and pay the per-hour user fee for CLE offered by providers that are not regular Tennessee providers. The CLE Commission is financed largely by fees paid by providers of CLE in the state, like the TBA, and by fees paid by lawyers who request accreditation for programs they attend. When credits are filed, the TBA and other regular providers pay a fee to the commission for acceptance of that credit. However, 12 percent of hours annually credited to Tennessee lawyers are from out-of-state or national providers that do not report attendance or pay fees. In these cases, the commission proposes that lawyers pay the fee when they report their attendance, rather than wait until the end of the year as is now the case. The commission reports this should help some 650 lawyers who last year paid a late fee of $100 for not paying non-regular credit fees on time.

Read the commission's proposal

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Court: TWCA


Robert E. Cooper, Jr., Attorney General & Reporter; Michael E. Moore, Solicitor General; Dawn Jordan, Assistant Attorney General, for the appellant, State of Tennessee.

Art D. Wells, Jackson, Tennessee, for the appellee, John Cartlidge.


Employee suffered a compensable back injury in the course of his employment for the State of Tennessee. The Claims Commission found that he was permanently and totally disabled. On appeal, the State contends that the evidence preponderates against the finding of permanent total disability. We affirm the judgment.

RICHARD P. ALEXANDER, JR., Individually and as Personal Representative of the ESTATE OF JUNE ALEXANDER, Deceased, and as Parent and Guardian of R.C.A, a Minor, ET AL. v. ANTONIO ZAMPERLA, S.p.A., ET AL.

Court: TCA


R. Price Nimmo and Niles Nimmo, Nashville, Tennessee, for the appellants, Richard P. Alexander, Jr., Individually and as Personal Representative of the Estate of June Alexander, Deceased, and as Parent and Guardian of R.C.A., a Minor, and Regina Phillips, Individually, and Gail Young and Judy Sprinkles.

Robert R. Davies, Knoxville, Tennessee, and Thomas M. Sheehan, Cary, Illinois, for the appellees, Antonio Zamperla, S.p.A. and Zamperla, Inc.


Richard P. Alexander, Regina Phillips, Gail Young and Judy Sprinkles ("Plaintiffs") filed this products liability suit against Antonio Zamperla, S.p.A. and Zamperla, Inc. ("Defendants"), as a result of June Alexander's death that occurred while riding an amusement park ride manufactured by Defendants. Defendants moved for summary judgment. After a hearing, the trial court entered an order granting Defendants summary judgment, finding the act of a third party constituted both a superseding cause of the death and an alteration of the product which relieved Defendants of liability. Plaintiffs appeal. We affirm.


Court: TCA


Thomas H. Castelli, Murfreesboro, Tennessee, for the appellant, Ray C.

Robert E. Cooper, Jr., Attorney General and Reporter, and Lauren S. Lamberth, Assistant Attorney General; and Susan H. Hubbard, Murfreesboro, Tennessee, for the appellee, the Tennessee Department of Children's Services.


Father appeals the termination of his parental rights to three children, asserting that the findings of the juvenile court that he had abandoned his children by failure to support and that the conditions which led to the children's removal persisted were not supported by clear and convincing evidence. Father also asserts that the court erred in finding that the termination of his parental rights was in the best interests of his children. We affirm the judgment of the trial court.


Court: TCA


Thomas M. Leveille, Knoxville, Tennessee, for the Appellant, E & J Construction Company.

James G. O'Kane, Knoxville, Tennessee, for the Appellee, Liberty Building Systems, Inc.


E & J Construction Company ("Plaintiff") purchased a metal building from Liberty Building Systems, Inc. ("Defendant"). The metal building was purchased by Plaintiff for one of its customers, Camel Manufacturing Company ("Camel"). Plaintiff constructed the metal building for Camel and connected it to an existing building. Almost from the outset, there was a problem with leaking. Plaintiff sued Defendant raising various claims including, among others, breach of contract. After the Trial Court granted Defendant's motion for partial summary judgment, the case proceeded to trial on the few remaining claims. At the conclusion of Plaintiff's proof, the Trial Court granted Defendant's motion for directed verdict. Plaintiff appeals. We reverse the grant of a directed verdict on Plaintiff's breach of contract claim and remand for further proceedings. The judgment of the Trial Court otherwise is affirmed.

Memorandum Opinion

Court: TCA


M. Josiah Hoover, III, Knoxville, Tennessee, for the appellant, Shirley J. Elliott.

Christopher D. Heagerty, Knoxville, Tennessee, for the appellee, Life of the South Insurance Company.


The defendants in this matter have filed a motion to dismiss the appeal, alleging that the notice of appeal was not timely filed. The attachments to the motion support the allegation of the defendants that the only notice of appeal received by the trial court clerk was a facsimile filed notice of appeal. As such is insufficient to confer subject matter jurisdiction on this court, the appeal is dismissed.

CORRECTION on page 1 of the majority opinion amends the judges' information to reflect that Judge Frank Clement filed a separate concurring opinion

Court: TCA


Stephen C. Knight and Nader Baydoun, Nashville, Tennessee, for the appellant, Jean Hensley.

Heidi Anne Barcus, Knoxville, Tennessee, and Donald W. Darby, Louisville, Kentucky, for the appellees, Robert Cerza, M.D. and Cardiac Anesthesia Services, PLLC.


A jury returned a verdict in favor of the defendants in this medical malpractice action. On appeal, the plaintiff assigns error to various decisions made by the trial court concerning the admission of evidence and arguments and to the trial court's grant of summary judgment on the plaintiff's claim of negligent retention. While the trial court erred in several respects, we consider the errors to be harmless and affirm the judgment based on the jury verdict.

CLEMENT concurring


Court: TCA


Phillip L. Davidson, Nashville, Tennessee, for the appellant, Sandi Jackson, individually and as next friend of Keely Jackson.

Barry L. Howard, Nashville, Tennessee, for the appellees, CVS Corporation and CVS Pharmacy #129, Inc., and John Does 1-3.


Plaintiff, individually and as the guardian of her minor child, appeals the trial court's grant of summary judgment to the defendants on her claims for negligent infliction of emotional distress. Plaintiff claims that she and her child were harmed by the defendants' disclosure of their private health information. We affirm the trial court's grant of summary judgment.


Court: TCA


Sharon M. Keisling, Mount Juliet, Tennessee, Pro Se.

Gloria Jean Evins, Lebanon, Tennessee, Guardian Ad Litem, Pro Se.


This matter was remanded to the trial court for the sole purpose of determining the amount of attorneys' fees to be awarded for a frivolous appeal. Appellant challenges only the award itself and not the amount decided by the trial court. The party awarded the fees argued that the trial court erred in the amount awarded. Finding no error, the trial court is affirmed.

Memorandum Opinion

Court: TCA


Herbert S. Moncier, Knoxville, Tennessee, for the appellant, Bradley J. Mayes.

John A. Lucas, Knoxville, Tennessee, for the appellee, John E. Owings.

Darryl G. Lowe, Knoxville, Tennessee, for the appellees, Dean B. Farmer and Hodges, Doughty and Carson, PLLC.


The defendants in this matter have filed a motion to dismiss the appeal, alleging that the Notice of Appeal was not timely filed. The attachments to the motion support the allegation. Therefore, this court does not have subject matter jurisdiction and the appeal is dismissed.


Court: TCCA


Paul E. Meyers, Assistant Public Defender, Jackson, Tennessee, for the appellant, Terry Lynn Craft.

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Assistant Attorney General; Jerry Woodall, District Attorney General; and Anna Cash, Assistant District Attorney General, for the appellee, State of Tennessee.


Following a jury trial, the Defendant, Terry Lynn Craft, was convicted of two counts of vehicular homicide by intoxication, a Class B felony. See Tenn. Code Ann. section 39-13-213(b)(2). In this direct appeal, he contends that: (1) the State presented evidence insufficient to convict him; and (2) the trial court violated the hearsay rule in admitting a recording of a 911 call. After our review, we affirm the judgment of the trial court.


Court: TCCA


James F. Taylor, Rogersville, Tennessee, for the appellant, Ron "Cotton" Seals.

Robert E. Cooper, Jr., Attorney General and Reporter; Leslie E. Price, Assistant Attorney General; C. Berkeley Bell, District Attorney General; and Douglas Godbee and Alex Pearson, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: WITT

A Hawkins County Criminal Court jury convicted the defendant, Ron "Cotton" Seals, of one count of possession with intent to deliver .5 grams or more of cocaine; one count of possession with intent to deliver dihydrocodeinone, a schedule II controlled substance; one count of possession with intent to deliver alprazolam, a schedule IV controlled substance; one count of possession with intent to deliver one-half ounce or more of marijuana; one count of maintaining a dwelling where controlled substances are used, kept, or sold; and one count of possession of drug paraphernalia. The trial court imposed a total effective sentence of 20 year' incarceration. In this appeal, the defendant contends that the evidence was insufficient to support his convictions and that his sentence is excessive. Discerning no error, we affirm the judgments of the trial court.


Court: TCCA


Magan N. White, Jackson, Tennessee (on appeal); and Paul Edward Meyers, Assistant Public Defender (at trial), for the appellant, Joseph Shaw, Jr.

Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Assistant Attorney General; James G. (Jerry) Woodall, District Attorney General; and James W. Thompson, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: GLENN

The defendant, Joseph Shaw, Jr., was convicted by a Madison County jury of one count of rape, a Class B felony, and one count of sexual battery, a Class E felony. The trial court merged the sexual battery conviction into the rape conviction and sentenced the defendant as a Range I offender to eleven years at 100% in the Department of Correction. On appeal, the defendant challenges the sufficiency of the evidence and argues that the trial court erred by admitting a prior consistent statement of the victim without issuing a limiting instruction and by imposing an excessive sentence. Following our review, we affirm the judgment of the trial court.

Seller-financing under the Tennessee Residential Lending, Brokerage and Servicing Act

TN Attorney General Opinions

Date: 2010-08-27

Opinion Number: 10-93


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