New legal site is great help for disaster-related advice

Media outlets across the state are helping spread the word about the early launch of the Tennessee Bar Association and Tennessee Alliance for Legal Services' new web site, onlinetnjustice.org. "We've got people out there that have questions that have access to email at home, at work, at church or at the library," former TBA President Buck Lewis said. "But they maybe can't go to a clinic. Or their legal services agency is too swamped to provide help. They can register on this website, post their question, and then volunteer lawyers go on and answer the questions."

Read this article from the Daily News

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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BELLSOUTH ADVERTISING & PUBLISHING CORP. v. SENTAYEHU ABEBE, ET AL.

Court: TCA

Attorneys:

Gary Dean Copas, Nashville, Tennessee, for the appellant, Sentayehue Abebe.

Phillip Douglas Patterson, Nashville, Tennessee, for the appellee, BellSouth Advertising & Publishing Corp.

Judge: DINKINS

This appeal arises out of a suit to recover the balance on a past due account for an advertisement in a telephone directory. Defendant disputed the authenticity and admissibility of the documents submitted by plaintiff to establish an enforceable and valid contract. The trial court permitted the documents to be admitted and entered judgment for plaintiff. Defendant appeals, contending that the trial court erred in admitting the documents and in finding an enforceable contract. Finding no error, we affirm.

http://www.tba2.org/tba_files/TCA/2011/bellsouthadv_042911.pdf


IN RE ESTATE OF ANNA SUE DUNLAP, DECEASED, RICHARD GOSSUM, ADMINISTRATOR CTA

Court: TCA

Attorneys:

Richard Gossum, Trenton, Tennessee, representing himself in his capacity as the Appellant, Richard Gossum, Administrator of the Estate of Anna Sue Dunlap

James S. Haywood, Jr., Brownsville, Tennessee, for the Appellees, Warner Dunlap, Jr., and Dr. Mary Dunlap Wells

Judge: KIRBY

This appeal addresses an award of attorney fees to the attorney for a decedent's estate for services rendered on appeal. The appellant administrator of the estate is also the estate's attorney. The administrator/attorney's final accounting was approved by the trial court, and two of the estate's beneficiaries appealed. The appellate court affirmed the trial court's approval of the final accounting. On remand, the administrator/attorney filed a motion for the approval of all attorney fees incurred in the administration of the estate, including attorney fees for services rendered in the first appeal. The trial court declined to approve the attorney fees incurred on appeal, holding that such fees may be awarded in the first instance only by the appellate court. The administrator/attorney now appeals. We reverse, concluding that attorney fees for the administrator/attorney's services rendered on appeal constitute an administrative expense of the estate, and so the request for such fees must be made in the first instance in the trial court.

http://www.tba2.org/tba_files/TCA/2011/dunlapa_042911.pdf


JULIE ANN KENDLE v. MATTHEW DAVIS KENDLE

Court: TCA

Attorneys:

Tim W. Smith, Murfreesboro, Tennessee, for the appellant, Matthew Davis Kendle.

Gloria Jean Evins, Lebanon, Tennessee, for the appellee, Julie Ann Kendle.

Judge: CLEMENT

In this post-divorce proceeding, the father of the parties' child seeks to reduce his child support obligation due to a decrease in his income, and each parent alleges the other is in contempt for various reasons. The trial court denied Father's petition to reduce child support upon finding that Father was voluntarily underemployed. The trial court granted Mother's petition to hold Father in contempt for failing to comply with the parenting plan and denied Father's petition against Mother. Mother was awarded one-half of her attorney fees. Father appealed. We reverse the finding that Father was voluntarily underemployed and remand with instructions for the trial court to determine whether a significant variance exists in Father's child support obligation based on his actual income without additional imputed income. If a significant variance exists, the trial court is to set Father's child support obligation pursuant to the Guidelines. We also reverse the court's finding that Father was in contempt, because the trial court did not specify a provision of the parenting plan Father allegedly violated and the evidence is insufficient to establish that any violation was willful.

http://www.tba2.org/tba_files/TCA/2011/kendlej_042911.pdf


FREDA MICHELLE HUMBARD MILLER v. STEVEN DWAYNE MILLER
With Concurring Opinion


Court: TCA

Attorneys:

S. Joanne Sheldon , Newport, Tennessee, for the appellant, Steven Dwayne Miller.

Carl R. Ogle, Jr., Jefferson City, Tennessee, for the appellee, Freda Michelle Humbard Miller.

Judge: SWINEY

This case stems from the divorce of Freda Michelle Humbard Miller ("Wife") and Steven Dwayne Miller ("Husband"). The Trial Court, among other things, granted the parties a divorce, designated Wife the primary residential parent, and awarded Wife child support and alimony. Husband appeals, raising a number of issues. We hold that the Trial Court erred in setting child support without entering supporting worksheets in the record as required. We further hold that the Trial Court did not err as to the other issues. We vacate, in part, and, affirm, in part, and remand for the Trial Court to set child support utilizing the worksheets as required.

http://www.tba2.org/tba_files/TCA/2011/millerf_042911.pdf

SUSANO concurring
http://www.tba2.org/tba_files/TCA/2011/millerf_CON_042911.pdf


JENNA LAUREN HEATH MILNER v. DERRICK BRANDON MILNER

Court: TCA

Attorneys:

Derrick Brandon Milner, Oglethorpe, Georgia, appellant, pro se.

Jenna Lauren Heath Milner, Soddy Daisy, Tennessee, appellee, pro se.

Robert E. Cooper, Jr., Attorney General and Reporter, and Alexander S. Rieger, Assistant Attorney General, Nashville, Tennessee.

Judge: SUSANO

Jenna Lauren Heath Milner ("Wife") initiated this action by filing a complaint for divorce against her spouse, Derrick Brandon Milner ("Husband"). The only ground for divorce alleged is "T.C.A. section 36-4-101(5), conviction of a felony." Husband filed an answer pro se which, in substance, admits that he has been convicted but states that the conviction is "a miscarriage of justice" and that his attorney "botched the trial...and botched the direct appeal as badly as the trial." He alleges that he is continuing to challenge the conviction and "there is a great chance of having the case reversed."Husband denied that a divorce should be granted and alleged that he still loves Wife and their child. Husband, who was incarcerated, testified at trial by telephone, although there is no transcript or statement of the evidence. The trial court declared the parties "divorced pursuant to T.C.A. section 36-4-101(5)." Husband appeals, arguing, for the first time, that the statute is unconstitutional under the Tennessee Constitution, the United States Constitution, and the Georgia Constitution, the state in which he is incarcerated. The Tennessee Attorney General was served with a copy of Husband's brief and has appeared in support of the constitutionality of the statute. We hold that any issue as to the constitutionality of Tenn. Code Ann. section 36-4-101(5)(2010) was waived by Husband's failure to raise the issue in the trial court, and, pursuant to Court of Appeals Rule 10 , we affirm the judgment granting an absolute divorce.

http://www.tba2.org/tba_files/TCA/2011/milnerj_042911.pdf


NORMAN LEE ROBINSON v. MERS, INC. ET AL.

Court: TCA

Attorneys:

Norman Lee Robinson, Bean Station, Tennessee, appellant, pro se.

H. Frederick Humbracht, Jr., Nashville, Tennessee, for the appellees, MERS, Inc., and GMAC Mortgage, LLC.

Robert M. Estep, Tazewell, Tennessee, for the appellee, Citizens Bank.

Judge: SUSANO

This is an appeal by Norman Lee Robinson from a summary judgment granted against him and in favor of his lender, Citizens Bank, and GMAC Mortgage, LLC, the assignee of Robinson's secured note. Robinson filed this action against Citizens Bank and GMAC, as well as others, to stop what he alleged was a wrongful foreclosure. He also demanded compensatory and punitive damages. The substance of the action is that the defendants should not be permitted to require Robinson to pay into escrow, funds that had been improperly refunded to him. The trial court held that Robinson was in default and that the foreclosure was not wrongful because, despite some dispute as to certain facts, there was no genuine dispute concerning the facts material to the outcome of this case. We affirm.

http://www.tba2.org/tba_files/TCA/2011/robinsonn_042911.pdf


WILLIAM L. THOMPSON v. MEMPHIS LIGHT, GAS AND WATER AND JOSEPH LEE, III

Court: TCA

Attorneys:

Ronald D. Krelstein, Germantown, Tennessee, for Plaintiff/Appellant, William L. Thompson.

Allan J. Wade, Brandy S. Parrish, and J. Gordon Howard, Allan J. Wade, PLLC, Memphis, Tennessee, for Defendants/Appellees, Memphis Light Gas & Water and Joseph Lee, III in his official capacity.

Robert L. J. Spence, Jr. and Bryan M. Meredith, SpenceWalk PLLC, Memphis, Tennessee, for Defendant/Appellee Joseph Lee, III in his individual capacity.

Judge: KIRBY

This is a wrongful termination case. The plaintiff senior management employee of a public utility was passed over for the position of president of the utility. In the meantime, federal law enforcement authorities were investigating matters involving the utility, and federal officers interviewed the plaintiff employee. Subsequently, the new president of the utility eliminated the plaintiff's job position and his employment was terminated. The plaintiff employee filed suit against the utility, alleging violation of Tennessee's Public Protection Act, and against the new president of the utility, in his individual capacity, alleging tortious interference with his employment and conspiracy. The defendants filed a motion to dismiss for failure to state a claim. The trial court granted the motion, and the plaintiff employee appeals. We affirm.

http://www.tba2.org/tba_files/TCA/2011/thompsonw_042911.pdf


JAMES ANTONY WILSON, SR. v. EAST TENNESSEE HUMAN RESOURCE AGENCY, INC.

Court: TCA

Attorneys:

Stephen A. Burroughs, Knoxville, Tennessee, and Andrew C. Clarke, Memphis, Tennessee, for the appellant, James Antony Wilson, Sr., individually and as next friend and Personal Representative of the Estate of Callie Irene Wilson, on behalf of himself and all wrongful death beneficiaries of Callie Irene Wilson, Deceased.

Nathan D. Rowell, and Dan R. Pilkington, Knoxville, Tennessee, for the appellee, East Tennessee Human Resource Agency, Inc.

Judge: SWINEY

James Antony Wilson, Sr. sued East Tennessee Human Resource Agency, Inc. ("ETHRA") individually, and as next friend and Personal Representative of the Estate of Callie Irene Wilson, on behalf of himself and all wrongful death beneficiaries of Callie Irene Wilson, Deceased. This suit involves a fall and injuries suffered by Callie Irene Wilson ("Callie Wilson") while ETHRA was in the process of transporting Callie Wilson to a dialysis appointment, and her death resulting from these injuries. After a trial, the Trial Court entered its order on July 29, 2010 finding and holding, inter alia, that the ETHRA driver acted appropriately and was not negligent. Mr. Wilson appeals to this Court. We find that the evidence in the record on appeal preponderates against the Trial Court's finding that ETHRA's employee, Mr. Clabo, was not negligent. We reverse, and remand this case to the Trial Court for a determination of comparative fault and damages.

http://www.tba2.org/tba_files/TCA/2011/wilsonj_042911.pdf


AMY C. BLACKWELL WISEMAN v. WILLIAM S. WISEMAN, II

Court: TCA

Attorneys:

Dana C. McLendon, III, Franklin, Tennessee, for the appellant, William S. Wiseman, II.

Laura Y. Goodall, Gallatin, Tennessee, and Robert Todd Jackson, Brentwood, Tennessee, for the appellee, Amy Christine Blackwell Wiseman.

Judge: DINKINS

Father appeals trial court finding of substantial and material change of circumstances and resulting modifications to parenting plan. Finding that the record does not support failure of parties to attempt mediation of parenting plan issues prior to seeking court intervention, the judgment is vacated and petition to modify parenting plan dismissed.

http://www.tba2.org/tba_files/TCA/2011/wisemana_042911.pdf


CHARLES RAY HARVEY v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Bruce E. Poston, Knoxville, Tennessee, for the appellant, Charles Ray Harvey.

Robert E. Cooper, Jr., Attorney General and Reporter; Matthew Bryant Haskell, Assistant Attorney General; William Paul Phillips, District Attorney General; and John W. Galloway, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: TIPTON

The Petitioner, Charles Ray Harvey, appeals from the Scott County Circuit Court's denial of his petition for post- conviction relief from his conviction of first degree murder, for which he is serving a life sentence. He contends that his trial attorneys failed to provide effective assistance because they did not advise him that accepting a guilty plea offer was in his best interest and did not accurately advise him of the unlikelihood that he would prevail at trial. Upon review, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2011/harveyc_042911.pdf


STATE OF TENNESSEE v. THOMAS DAVID JOHNSON
CORRECTION: Original appeal number is replaced with the correct number of M2009-01761CCA-R3-CD

Court: TCCA

Attorneys:

Howell G. Clements and Paul Cross, Monteagle, Tennessee, for the Appellant, Thomas David Johnson.

Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; Rachel West Harmon, Assistant Attorney General; J. Michael Taylor, District Attorney General; and Sherry Shelton and David McGovern, Assistant District Attorneys General, for the Appellee, State of Tennessee.

Judge: WEDEMEYER

A Marion County jury convicted the Defendant, Thomas David Johnson, of attempted voluntary manslaughter, and the trial court sentenced him to three years, to be suspended after the service of sixty days in jail. On appeal, the Defendant contends: (1) that the trial court erred when it denied his motion for judgment of acquittal; (2) that the trial court erred when it denied the Defendant's request for judicial diversion; and (3) that the trial court erred when it denied him full probation. After a thorough review of the law and relevant authorities, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2011/johnsont_COR_042911.pdf


STATE OF TENNESSEE v. FELICIA MAE LANGFORD
CORRECTION: The name of the district public defender is changed from George Morton Googe to Comer L. Donnell

Court: TCCA

Attorneys:

Comer L. Donnell, District Public Defender; Joe McClerran, Assistant Public Defender, Lebanon, Tennessee for the Defendant-Appellant, Felicia Mae Langford.

Robert E. Cooper, Jr., Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; James G. (Jerry) Woodall, District Attorney General; and Justin Harris, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: MCMULLEN

The Defendant-Appellant, Felicia Mae Langford, appeals the revocation of her probation. She pled guilty in the Circuit Court of Macon County to aggravated burglary, a Class C felony. Langford received a probationary sentence of six years. The trial court revoked her probation following an arrest for shoplifting. On appeal, Langford admits that she violated her probation. She claims, however, that the trial court erred by revoking her probation and imposing her original sentence of confinement. Upon review, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2011/langfordf_COR_042911.pdf


STATE OF TENNESSEE v. CINDY MAE NELSON

Court: TCCA

Attorneys:

Steve McEwen (on appeal), Mountain City, Tennessee, and Andrew J. Gibbons (at trial and on appeal), Blountville, Tennessee, for the Appellant, Cindy Mae Nelson.

Robert E. Cooper, Jr., Attorney General and Reporter; Matthew Bryant Haskell, Assistant Attorney General; H. Greeley Wells, District Attorney General; Julie R. Canter, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: WEDEMEYER

The Defendant, Cindy Mae Nelson, pled guilty to two counts of aggravated cruelty to animals, a Class E felony, and agreed to an eighteen-month sentence, with the trial court to determine the manner of service of her sentence. After a hearing, the trial court ordered the Defendant to serve her entire sentence in the Tennessee Department of Correction ("TDOC") and ordered her to pay $15,816.76 in restitution. The Defendant now appeals, contending the trial court erred both when it denied alternative sentencing and when it set the amount of her restitution. After a thorough review of the record and applicable law, we conclude the trial court properly denied alternative sentencing but erred in setting the amount of her restitution. As such, we reverse and remand the case for further proceedings consistent with this opinion.

http://www.tba2.org/tba_files/TCCA/2011/nelsonc_042911.pdf


DENNIS WADE SUTTLES v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Paul J. Morrow, Jr., Daniel E. Kirsch, and Nicholas Hare, Nashville, Tennessee, for the appellant, Dennis Wade Suttles.

Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; Angele M. Gregory, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Leland Price, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: TIPTON

The Petitioner, Dennis Wade Suttles, appeals from the judgment of the Knox County Criminal Court denying his petition for post-conviction relief. A Knox County Criminal Court jury convicted the Petitioner of premeditated first degree murder and sentenced him to death. The Tennessee Supreme Court affirmed the Petitioner's conviction and sentence on direct appeal. State v. Suttles, 30 S.W.3d 252 (Tenn.), cert. denied, 531 U.S. 967 (2000). On appeal, the Petitioner challenges the effectiveness of his counsel's representation before trial, during trial, and on direct appeal. The Petitioner also challenges the constitutionality of the death penalty. This court holds that the trial court did not err in finding that the Petitioner received the effective assistance of counsel at all stages of the case and that the Petitioner's challenges against the death penalty are without merit. The judgment of the trial court denying post- conviction relief is affirmed.

http://www.tba2.org/tba_files/TCCA/2011/suttlesd_042911.pdf


IN RE: SPENCE R. BRUNER, BPR 019056

Court: TSC-Disciplinary_Order

Judge: CLARK

Suspension

http://www.tba2.org/tba_files/TSC/2011/bruners_042911.pdf

IN RE: TERRY LANCE CARTER, BPR 020005

Court: TSC-Disciplinary_Order

Judge: CLARK

Disability Inactive

http://www.tba2.org/tba_files/TSC/2011/cartert_042911.pdf

IN RE: DAVID A. LUFKIN, SR., BPR 007057

Court: TSC-Disciplinary_Order

Judge: CLARK

Motion for Protection

http://www.tba2.org/tba_files/TSC/2011/lufkind_042911.pdf

TODAY'S NEWS

Legal News
Disaster Relief
General Assembly News
Disciplinary Actions
TBA Member Services

Legal News
Christa Pike to remain on death row
This week the Court of Criminal Appeals rejected convicted killer Christa Gail Pike's effort to get off of death row. In an opinion delivered by appellate Judge John Everett Williams, the court insisted Pike had failed to show that her defense team botched her 1996 capital murder trial or to persuade the court to exempt 18-year-old killers with mental health woes from a death sentence.
Read more in the News Sentinel
Criminal Court clerk in hot seat after TV news segment
Davidson County Criminal Court Clerk David Torrence answers questions from an investigative reporter about how he justifies his six-figure salary while coming in to work 50 percent of the time over the last year. He also uses a county car for personal errands and golfs and works in the yard during the workweek, the report says. Torrence said he takes Wednesdays and Fridays off every week. His explanation: "It is what it is."
Watch the video from WSMV.
Crimson is new managing parter at LAS
The Legal Aid Society of Middle Tennessee and the Cumberlands has named Andrae Crimson managing partner for its Murfreesboro office. A graduate of Vanderbilt University School of Law, Crimson previously worked as a contract attorney for The Law Offices of J. Houston Gordon and, in 2006, was in-house counsel and director of operations for the coordinated statewide campaign for the Democratic Party of Tennessee. He has also served in the Office of the General Counsel for the Tennessee Department of Health.
NashvillePost.com has more [subscription required]
Cannon house sells
Nashville's Bowling Avenue house where Kelley Cannon murdered her husband, lawyer James Cannon, has sold. Cannon was convicted of the 2008 strangulation murder of her husband, exactly one year ago. State law prohibited her from inheriting any property from her husband, but James Cannon quitclaimed the deed to the home to his wife in 2005. According to a filing with the Davidson County Register of Deeds, Cannon, through her brother, sold the home for $500,000. The property was assessed at $720,000 in 2009.
NashvillePost.com reported the news
Appeals court: Stem cell research can continue
The Obama administration can continue using federal tax dollars to fund human embryonic stem cell research, an appeals court ruled today, overturning a judge's decision and handing a victory to the White House.
Reuters reports
Grant funds available from LSC
Competitive grant funds are available from the Legal Services Corporation (LSC) to provide civil legal services to eligible clients during 2012. The request for proposals is available at www. grants.lsc.gov and is due by May 13.

Disaster Relief
Help with sandbagging in Memphis needed
Volunteers are still needed for sandbagging in the Memphis area and to help move low/no income individuals from areas threatened by flooding, according to Mid-South Voluntary Organizations Active in Disasters. If you can help, please contact Linda Warren-Seely at lseely@malsi.org.

Volunteer resources now available
If you want to offer assistance to storm victims, the Tennessee Bar Association has a number of resources available. In addition to the Disaster Assistance Manual produced by the TBA's Young Lawyers Division, the TBA also is offering two free online CLE programs on providing disaster assistance and working with FEMA. You can also sign up to provide pro bono services or donate office equipment or supplies to assist lawyers who have been hit by the storms.
Learn more about volunteer opportunities
Alabama law students accounted for after tornado
Law students at the University of Alabama School of Law were hunkered down and studying on Wednesday -- the first day of final exams -- when a tornado ripped through Tuscaloosa and skirted the university campus at around 5 p.m. The law school building sustained no damage, said Dean Kenneth Randall, but the power remained out as of noon on Thursday. Exams have been postponed for at least a week. Learn more on the UA Law Facebook page and from
Law.com
General Assembly News
Track legislation of interest to Tennessee attorneys
The 107th Tennessee General Assembly is now in session and the TBA has a number of tools to help you track the status of legislation. Watch TBA Today for regular news updates and follow the TBA Action List to track bills in the General Assembly that the TBA has a direct interest in -- those it has initiated, taken a position on, or has a policy on. The TBA Watch List is a broader list of bills of interest to the Tennessee legal community.
Find complete TBA legislative resources
Opinion: Don't weaken open government laws
Former state Rep. Susan Lynn writes an editorial warning readers to watch out for "a whole slew of bills affecting public notice and public records" that "may make it much more difficult for Tennesseans to pay attention to what their government is doing." The effect of these policy changes to our open government laws will be a less informed citizenry, she writes.
Tri-Cities.com has the editorial
Disciplinary Actions
Lincoln Co. lawyer's license moved to disability inactive
The law license of Lincoln County lawyer Terry Lance Carter was transferred to disability inactive status on April 25. In accordance with Sections 21.2 and 21.3 of Tenn. S. Ct. Rule 9, upon due consideration of documentation provided by Disciplinary Counsel, the court concluded that Carter is currently incapacitated from continuing the practice of law.
Download the court's order
Roane County lawyer suspended
On March 25 the court temporarily suspended Roane County lawyer Spence R. Bruner pursuant to Section 4.3 of Supreme Court Rule 9, for his substantial non-compliance with his monitoring agreement with the Tennessee Lawyers Assistance Program.
Download the court's order
Knox County lawyer granted motion for protection
On April 28, the Supreme Court granted a motion for protection for Knox County lawyer David A. Lufkin Sr., who was seeking relief from a portion of the order of enforcement entered in this matter on Aug. 18, 2009. Specifically, Lufkin requests that he be permitted to satisy the requirement that he attend 15 hours of CLE in trust account management within two years of the date of that order. Lufkin asserts that, despite a diligent search, he has been unable to locate a sufficient number of CLE courses within Tennessee to satisfy this requirement.
Download the court's order
TBA Member Services
Follow us!
More than 1,000 people and businesses are now getting regular updates on news from the Tennessee legal community by following the Tennessee Bar Association on Twitter. Join the crowd by following @tennesseebar or watch for the tag #tnlaw. You can also watch for regular updates on the TBA's Facebook page.


 
 
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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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