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Wednesday, May 18, 2011

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TBA earns top national award for webcasting

The Tennessee Bar Association was recognized yesterday as the national winner for associations in the Rich Media Impact Awards competition. The award recognized the TBA's efforts in providing timely educational programming following the 2010 flood that devastated much of Tennessee. Since the launch of the TBA webcasting program three years ago this month, about 4,000 lawyers have registered for nearly 9,000 hours of CLE programming on the web. Almost all of the 200 plus webcasts produced by the TBA have featured Tennessee attorneys who volunteered their time and talents to make the educational programs possible.

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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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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.

ELMWOOD APARTMENTS v. JESSICA WOODSON, ET AL.
CORRECTION on page 5, at line 7, "February 25" has been changed to "January 25"

Court: TCA

Attorneys:

Joshua A. Decker, Columbia, Tennessee, for the appellant, Jessica Woodson.

No appearance for appellee, Elmwood Apartments.

Judge: DINKINS

This appeal arises out of a detainer action originally filed in general sessions court in which landlord of apartment was awarded possession of leased premises. Tenants filed a petition for writs of certiorari and supersedeas for de novo review to the circuit court, accompanied by an affidavit of indigency; the writs were issued. Landlord subsequently sought dismissal of both writs on several grounds. The court granted the motion, finding that the writ of supersedeas was improperly granted and, as a consequence, review by certiorari was not available as a substitute for appeal. Finding that the court erred in considering grounds for dismissal which were added by landlord within five days of the hearing on the motion, we reverse the judgment and remand for further proceedings.

http://www.tba2.org/tba_files/TCA/2011/elmwood_COR_051811.pdf

JEAN GARMAN v. GUY GARMAN
CORRECTION was made in the heading on page 1: "Blount Court for Circuit County" changed to "Blount County Circuit Court"

Court: TCA

Attorneys:

William A. Mynatt, Jr., Knoxville, Tennessee, for the appellant, Jean Garman.

Martha Meares and Paul R. Dillard, Jr., Maryville, Tennessee, for the appellee, Guy Garman.

Judge: STAFFORD

This is a divorce case. Wife appeals the trial court's order concerning: (1) the valuation of Husband's medical practice; (2) the division of certain marital debt; and (3) the award of transitional alimony, rather than alimony in futuro, and the amount thereof. Discerning no error, we affirm.

http://www.tba2.org/tba_files/TCA/2011/garmanj_COR_051811.pdf

ANNE LAVOIE and JODEE LAVOIE v. FRANKLIN COUNTY PUBLISHING COMPANY, INC.

Court: TCA

Attorneys:

Daniel M. Gass, Knoxville, Tennessee, for the appellants, Franklin County Publishing Company, Inc., d/b/a The Herald Chronicle.

B. Timothy Pirtle, McMinnville, Tennessee, for the appellees, Anne Lavoie and Jodee Lavoie.

Judge: STAFFORD

These consolidated actions are before this Court on a Tennessee Rule of Appellate Procedure 9 interlocutory appeal from the trial court's denial of summary judgment. We are asked to consider whether, as a matter of law, a plaintiff is barred from maintaining a suit against an employer under a sole theory of respondeat superior where the plaintiff settles her claim against the employee, executes a release of all claims as to the employee, but reserves her claim against the employer in a court order dismissing the employee with prejudice. We hold that the plaintiff's suit is barred. The judgment of the trial court is reversed, summary judgment is granted to the employer, and the case is dismissed.

http://www.tba2.org/tba_files/TCA/2011/lavoiea_051811.pdf

MASTON G. LYONS, III ET AL. v. KIMBERLY G. LEFFEW ET AL.

Court: TCA

Attorneys:

Maston G. Lyons, III and Linda C. Lyons, Hixson, Tennessee, Pro Se.

Robert D. Philyaw, Signal Mountain, Tennessee, for the appellees, Kimberly G. Leffew and Keith H. Grant.

L. Thomas Austin, M. Keith Davis, and Jennifer Austin Mitchell, Dunlap, Tennessee, for the appellees, L. Thomas Austin, Jennifer Austin Mitchell, Sequatchie County, Tennessee, Ronnie Hitchcock, Ed Dishman, Thomas C. Goins, Mary S. McBee, and Keith Davis.

Judge: CLEMENT

Plaintiffs appeal from the denial of a second Tenn. R. Civ. P. 60.02 motion. Eight months after the case was dismissed for failure to prosecute, Plaintiffs filed the first of two Rule 60.02 motions alleging they did not receive notice of the motion to dismiss their case and that they did not receive the order dismissing the case. The trial court denied the first Rule 60.02 motion and plaintiffs did not appeal that ruling. Plaintiffs then filed a second Rule 60.02 motion, asserting the same grounds as in the first motion. The trial court denied the second Rule 60.02 motion, which is the ruling at issue in this appeal. We have determined the issues presented in the second motion are res judicata because no new issues were presented in the second motion and, therefore, affirm the trial court.

http://www.tba2.org/tba_files/TCA/2011/lyonsm_051811.pdf

DANA MOULTON, et al., v. DELORES MOULTON, et al.

Court: TCA

Attorneys:

Gregory D. Smith, Clarksville, Tennessee, and Dan W. Cook, Ashland City, Tennessee, for the appellants, Dana Moulton and Jamie Moulton.

Richard E. Spicer, Nashville, Tennessee, for the appellee, Delores Moulton.

Judge: FRANKS

In this action plaintiff alleged she was injured when the roof on the deck at defendant's house fell upon her, causing injuries. Defendant denied any responsibility for plaintiff's injuries and moved for summary judgment. The Trial Court, in sustaining the summary judgment motion, held that none of the parties knew of any defect in the patio roof, and there was no evidence in the record of what actually caused the collapse of the roof. The defendant possessed no constructive notice of any defective condition causing the collapse. Plaintiffs have appealed and we affirm the judgment of the Trial Court and remand.

http://www.tba2.org/tba_files/TCA/2011/moultond_051811.pdf

LONNIE E. ROBERTS, ET AL. v. CLAUDE RUSSELL BRIDGES a/k/a LEON RUSSELL, ET UX.

Court: TCA

Attorneys:

Kristin Fecteau and John A. Beam, III, Nashville, Tennessee, for the appellants, Claude Russell Bridges and Jan Bridges.

William S. Fleming and Jennifer F. Franks, Columbia, Tennessee, for the appellees, Lonnie E. Roberts, Renae B. Roberts, Judy Wood, John Wood, Barbara Herklotz, Robert Herklotz, Charles E. Coggins, Kathy Coggins, John Lewis and Tennessee Rural Health Improvement Association.

Judge: FARMER

This appeal involves the enforcement of a restrictive covenant. A group of neighbors filed suit seeking permanently to enjoin a musician and his wife from using their property for nonresidential purposes. The trial court ruled in favor of the neighbors after a bench trial, prohibiting the homeowners from parking a tour bus, two panel trucks, and several employee vehicles on their property and ordering the homeowners to remove a portion of a parking lot and driveway built to accommodate the vehicles. The court later awarded discretionary costs to the neighbors. We reverse the grant of injunctive relief requiring the homeowners to remove a portion of the parking lot and driveway but affirm the trial court in all other respects.

http://www.tba2.org/tba_files/TCA/2011/robertsl_051811.pdf

IN RE TYLON L. D.

Court: TCA

Attorneys:

Beth Boniface, Morristown, Tennessee, for the appellant, Pamela D.

Daniel G. Boyd, Rogersville, Tennessee, for the appellee, Carman E.

Judge: SUSANO

This is a termination of parental rights case pertaining to Tylon L.D. ("the Child"), the minor child of Pamela D. ("Mother"). Eighteen months after the Child was placed in her care, the Child's prospective adoptive parent, Carman E. ("Foster Mother"), filed a complaint seeking to terminate Mother's parental rights and asking to adopt the Child. After a trial before Chancellor Thomas R. Frierson, II ("the trial court"), the court terminated Mother's rights upon finding, by clear and convincing evidence, that multiple grounds existed for terminating her parental rights and that termination was in the Child's best interest. Mother appeals. We affirm.

http://www.tba2.org/tba_files/TCA/2011/tylonld_051811.pdf

TODAY'S NEWS

Legal News
Passages
General Assembly News
Disciplinary Actions
Career Opportunities
TennBarU CLE
TBA Member Services

Legal News

Nashville attorney to lead lottery board

The Tennessee Education Lottery Corporation's Board of Directors has selected Keith Simmons, managing partner with Bass Berry & Sims, to serve as chairman. Simmons has been a board member since 2008. He was elected via unanimous vote. In addition, Sevierville lawyer Jim Ripley was selected as vice-chairman of the board. Ripley is a partner with the law firm of Sharp and Ripley PLLC. The lottery's seven-member board is appointed by the governor.

The Nashville Post has more (subscription required)

Vogel named president of mediators group

Howard H. Vogel, with the Knoxville firm of O'Neil, Parker & Williamson PLLC, was installed as president of the International Academy of Mediators (IAM) at the group's annual meeting in Napa, Calif. earlier this month. Other Tennessee IAM members present for the meetings were George Brown of Memphis and Larry Bridgesmith and Jack Waddey of Nashville.

Building permit issued for Belmont law

Construction is set to begin on Belmont University's new law school following issuance of a building permit by the Metro Nashville government. The permit, which is valued at $27.6 million, was issued to R.C. Mathews Contractor LLC. The 71,000-square-foot Randall and Sadie Baskin Center will be located at 1501 15th Ave. S. It will house Belmont's new law school, which is slated to open in the fall of 2012.

The Nashville Business Journal reports

Passages

Judge Brand dies after medical emergency

Hawkins County Sessions Judge David Brand, who suffered a medical emergency Monday afternoon while playing golf, died this afternoon at Johnson City Medical Center. The cause of death has not been determined, though his office said he did not have a heart attack as originally suspected. Brand was a general sessions judge for 18 years and previously served as Hawkins County Juvenile Court judge.

The Times-News has the story

General Assembly News

Tort revision bill soon to be on way to governor

There are still some differences to be worked out between the state House and Senate, but the Civil Justice Act will likely be on its way to the desk of Gov. Bill Haslam soon. The governor said this week that he will sign the legislation as soon as a conference committee works out differences between the two chambers' bills.

The Memphis Daily News reports

Bill allowing judges to carry guns advances

A proposal that would allow Tennessee judges to carry guns in courtrooms is headed for a full Senate vote after the Judiciary Committee approved it 6-2 on Tuesday. The measure -- SB1775 -- is sponsored by Sen. Stacey Campfield, R-Knoxville. The companion bill was approved in the House 87-8 earlier this month. The proposal allows judges to carry guns during their judicial duties as long as they complete weapons training.

WMC-TV News 5 has the story

Custody bill gets Senate floor consideration

Legislation requiring judges to maximize parental involvement when making custody decisions is set for Senate consideration this week. The bill, SB0803/HB0571, already has passed the House. Legal experts say the measure is a compromise to a plan pushed by fathers' rights groups that would have required judges to split custody equally absent evidence of harm to the child. Knoxville lawyer Sarah Sheppeard said that if the bill passes it will be up to the courts to interpret what it means in different family circumstances.

Learn more on Tri.cities.com

Bill would revoke drivers' licenses for late court fines

A bill that calls for revoking the driver's licenses of those who fail to pay court costs or fines won the approval of committees in both the House and Senate yesterday. Opponents of the bill -- HB1877/SB 1798 -- said it would leave people unable to work and less likely to be able to pay off debts. An amendment developed in the House allows those affected to work out payment plans with court clerks.

Humphrey on the Hill has the story

Disciplinary Actions

Knoxville lawyer reinstated

Knoxville lawyer Erin Marie Schad was reinstated to the practice of law on May 16 after paying her Board of Professional Responsibility registration fees and associated late penalties.

Missouri lawyer reinstated

David Lynn Whitt of Lake Saint Louis, Mo., was reinstated to the practice of law in Tennessee on May 17 after paying his state professional privilege tax. Whitt was suspended on Dec. 3, 2010, for failing to pay the 2009 and 2010 tax.

Career Opportunities

Litigation associate needed in Nashville

Special Counsel Inc. is accepting applications for a litigation associate position in a boutique Nashville law firm. Applicants should have at least three years of civil litigation experience. Candidates submit resumes to nashville@specialcounsel.com for consideration.