Deadline extended for judicial intern program

The application deadline for the Tennessee Bar Association's new Judicial Internship Program for law students has been extended until Jan. 31. Deadline for the Young Lawyers Division program previously had been set for Dec. 31. This change will accommodate first-year students who will not have fall semester transcripts available until mid-January. In addition, the deadline for accepting a position with the program has been extended to April 29, allowing students to weigh all of their summer employment options before committing to a judicial internship.

Learn more about the program

TODAY'S OPINIONS
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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.

IN RE ALEXANDRA J.D.

Court: TCA

Attorneys:

Brandy Boyd Slaybaugh, Knoxville, Tennessee, for the appellant, Natascha D. M.

James S. Sharp, Jr., Knoxville, Tennessee, for the appellee, Kenneth F.

Jere Franklin Ownby, III, Knoxville, Tennessee, Guardian Ad Litem.

Judge: MCCLARTY

This is an appeal from the trial court's grant of the father's petition to be named the minor child's primary residential parent. Finding that the father met his burden to show a material change in circumstances sufficient to warrant the requested modification and that the change was in the child's best interest, we affirm.

http://www.tba2.org/tba_files/TCA/2010/alexandrajd_121010.pdf


FEDERAL NATIONAL MORTGAGE ASSOCIATION, v. ARDESHIR YAVARI BAIGVAND

Court: TCA

Attorneys:

Ardeshir Yavari Baigvand, Knoxville, Tennessee, pro se.

Lawrence W. Kelly, Atlanta, Georgia, for the appellee, Federal National Mortgage Association.

Judge: FRANKS

Plaintiff foreclosed on defendant's property and filed suit in Sessions Court to obtain possession of the property. Defendant appealed the Judgment for possession to Circuit Court, which granted plaintiff summary judgment. Defendant has appealed to this Court and we affirm the Judgment of the Trial Court, awarding possession of the property to plaintiff.

http://www.tba2.org/tba_files/TCA/2010/fnma_121010.pdf


JOYCE VIA v. LARRY EDWARD OEHLERT, SR.

Court: TCA

Attorneys:

J. Thomas Caldwell, Ripley, Tennessee, for the appellant, Joyce Via.

William Dan Douglas, Jr., Ripely, Tennessee, for the appellee, Larry Edward Oehlert, Sr.

Judge: FARMER

This appeal arises out of a complaint to dissolve a partnership. The plaintiff alleged that she and the defendant, an unmarried couple, acquired real property through joint efforts. She further alleged that she contributed to the improvement of the property and an increase in its value, giving rise to a partnership for profit and a right to a distribution of the partnership's assets following dissolution. The defendant denied that a partnership existed and counterclaimed for damages and attorney's fees arising out of the plaintiff's refusal to vacate the property following their break-up. At the ensuing bench trial, the defendant moved for a directed verdict on the plaintiff's claims. The trial court granted the motion and dismissed the plaintiff's claims, specifically finding that the plaintiff was unable to prove the existence of an express or implied partnership for profit between the parties. We affirm.

http://www.tba2.org/tba_files/TCA/2010/viaj_121010.pdf


ANGELA SUSAN WISDOM v. WELLMONT HEALTH SYSTEM

Court: TCA

Attorneys:

Stephen M. Darden and Jimmie C. Miller, Johnson City, Tennessee, for the appellant, Wellmont Health System.

F. Braxton Terry, Morristown, Tennessee, Douglas T. Jenkins, Rogersville, Tennessee, and William Lewis Jenkins, Jr., Dyersburg, Tennessee, for the appellee, Angela Susan Wisdom.

Judge: FRANKS

The Trial Judge ruled against defendant's Motion for Summary Judgment because there were disputed issues of material fact. The Trial Court authorized an interlocutory appeal, which we granted. Upon consideration of the case, we conclude, as did the Trial Judge, there are disputed issues of material fact, affirm the Judgment of the Trial Court and remand.

http://www.tba2.org/tba_files/TCA/2010/wisdoma_121010.pdf


TODAY'S NEWS

Legal News
Congressional News
TBA Member Services

Legal News
Gibbons is good choice to lead safety groups, paper says
The Commercial Appeal praises Governor-elect Bill Haslam's choice for head of the Tennessee Department of Safety and Homeland Security, saying Bill Gibbons "has a history of consensus building throughout his private and public life." Gibbons is currently Shelby County's district attorney general. Haslam wants Gibbons to head a Cabinet working group of all state executive branch public safety departments and agencies to develop a coherent, focused approached to combating crime.
Read the editorial
Moral to the story: Don't leave keys in car
The Tennessee Court of Appeals ruled this week that a car owner could be found negligent for a car thief's crash if she had left her keys in the vehicle. The court ruled in a case involving a stolen car, a police chase and a wreck in Murfreesboro in May 2007.
The Tennessean has the AP story
KBA Barristers' Executive Committee selected
The Knoxville Bar Association's Barristers' annual meeting and elections were held on Dec. 8. Members selected for the Barristers' Executive Committee are: President Ian P. Hennessey, London & Amburn PC; Vice President Joshua J. Bond, Hodges, Doughty & Carson PLLC; Secretary/Treasurer Katrina J. Atchley, Lewis, King, Krieg & Waldrop PC; Member-at-Large James (Jay) P. Moneyhun Jr., Egerton, McAfee, Armistead & Davis PC; and Member-at-Large Meghan H. Morgan, Woolf, McClane, Bright, Allen & Carpenter.

3 Circuit judges should quit board, ethics opinion suggests
Three federal appellate judges are on the board of an anti-regulation group that provides free seminars and trips to judges, although an ethics opinion says such service violates judicial rules designed to avoid favoritism. Two of the judges are on the 6th U.S. Circuit Court of Appeals: Alice Batchelder and Danny Boggs. The Constitutional Accountability Center, a Washington interest group, sent copies of the opinion to the three judges Thursday and called on them to resign as board members of the Foundation for Research on Economics and the Environment (FREE).
Tri-Cities.com reported this AP story
Ceremony remembers murder victims
Families, along with members of law enforcement, Tennessee First Lady Andrea Conte and U.S. Attorney for Middle Tennessee Jerry Martin gathered in Centennial Park on Thursday evening to remember victims of homicide. The 16th annual Season to Remember ceremony brought together the surviving loved ones of murder victims.
Learn more from WKRN.com
Vote for courthouse bond issue rescinded
Thursday night the Grundy County Commission rescinded a plan passed last month to proceed with the issuance of a $10.5 million bond to fund a new jail and improve other county facilities. The recommendation will go back on the agenda next month, Grundy County Mayor Lonnie Cleek says, citing a "misunderstanding" about it.
The Times Free Press reports
Auburn fan, lawyer, requests delay to see game
A Birmingham lawyer took a chance this week that the judge he was asking for a trial delay was not a fan of the University of Alabama -- Auburn University's rival. Michael Mulvaney, one of the attorneys representing the Hartford Fire Insurance Co. in a civil case in federal court in Mobile, filed a motion requesting that a trial scheduled for January begin on Jan. 17 or be continued to February in light of the Jan. 10 championship game between Auburn and Oregon. "As a life-long Auburn fan, I am asking the Court for grace and mercy to allow me to take my family" to the "once-in-a-lifetime" game. Exhibits he attached were pictures of his three daughters as young girls and later as teens, dressed in Auburn jerseys. U.S. District Judge Kristi DuBose granted Mulvaney's request, writing that "The Court has a unique understanding of the predicament of Hartford's lead counsel. See Exhibit A," she said in her order. Exhibit A was a photo of an unidentified toddler in an Auburn cheerleading outfit.
The story is on al.com
Congressional News
Diane Black chosen for House Ways & Means Committee
Representative-elect Diane Black was chosen for membership of the House Ways and Means Committee on Thursday, placing the first-term representative on what is widely considered to be the most powerful committee in Congress.
The Murfreesboro Post has the story
TBA Member Services
Discounts from Office Depot
Are you saving yet? Sign up for the TBA-Office Depot Program and begin saving. TBA Members receive significant discounts on office supplies from Office Depot.
Find out more

 
 
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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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