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Posted by: Karen Belcher on Nov 29, 2023

This appeal arises out of an incident where the plaintiff fell off a staircase and sustained injuries. The plaintiff filed a complaint against the defendants, who owned the building, alleging negligence and negligence per se based on a violation of a building code. The defendants filed a motion for summary judgment. The trial court granted the motion for summary judgment and dismissed the plaintiff’s complaint. The plaintiff appealed. We affirm.

Posted by: Karen Belcher on Nov 29, 2023

The Defendant, Christopher Guy, appeals the trial court’s revocation of his effective sixyear probationary sentence for his convictions for two counts of misdemeanor domestic assault and one count of felony vandalism. The Defendant argues that (1) the trial court lacked jurisdiction to revoke his probation because he had completed his probationary period by the time the revocation warrant was filed and (2) the revocation warrant should have been dismissed due to law enforcement’s failure to preserve evidence. The Defendant also contends that he should have been granted an appellate bond during the pendency of the appeal. The State responds that we should affirm the trial court’s revocation order and that the Defendant is not entitled to relief on his appellate bond issue. Following our review, we determine that the Defendant had completed the probationary periods on his misdemeanor domestic assault convictions before the issuance of the revocation warrant but that the revocation warrant was timely as to the probation for his felony vandalism conviction. We affirm in part and reverse in part and remand for entry of an amended probation revocation order and a corrected judgment for the Defendant’s felony vandalism conviction in accordance with this opinion.

Posted by: Stacey Shrader Joslin on Nov 29, 2023

The Nashville law firm Sherrard Roe Voigt & Harbison has named David Rue as its new chief operating officer (COO). Rue previously held the same position at Patterson Intellectual Property Law for two years and was chief strategy officer at Bass, Berry & Sims. He attended law school and practiced briefly but then moved into senior positions with the financial printing company Bowne, The Concinnity Company and his own software company. He succeeds Donna McFarlin, who has led firm operations since 1997. The Nashville Post has more on the hire.

Posted by: Stacey Shrader Joslin on Nov 29, 2023

Organizers behind the Judge Dinkins Educational Center — a trade school for teenagers — hosted an introductory reception earlier this month. The organization is currently operating out of the McGruder Family Resource Center until a standalone building can be built. Tim Forbes, a former Catholic school principal, has been hired to lead the effort. Board members, including former Mayor Karl Dean and Judge Sheila Calloway, introduced the concept to the community at the event. See pictures from the reception in the Nashville Post.

Posted by: Stacey Shrader Joslin on Nov 29, 2023

The TBA Young Lawyers Division (YLD) and its Mock Trial Committee have released case materials for the 2024 Tennessee State High School Mock Trial Competition. Students will present their best arguments in a criminal scenario centered around an evening of pranks and alleged revenge that goes terribly wrong, leading to charges of vandalism, burglary and felony murder. District competitions will be held in February. Teams advancing to the state competition will meet in Nashville March 22-23 to determine the Tennessee champion. Tennessee's winner will represent the state at the National High School Mock Trial Competition in Wilmington, Delaware, May 2-5. The Mock Trial Committee is led by Chair Ashley Tipton, Vice-chair Michael Holmes and Long Range Planning Coordinator Zack Walden. Access resources for the upcoming competition.

Posted by: Karen Belcher on Nov 29, 2023

THAPAR, Circuit Judge. California Palms Addiction Recovery Campus was established to help people get a fresh start. When it filed for bankruptcy, California Palms hoped for a fresh start of its own. But the bankruptcy court determined that California Palms couldn’t financially rehabilitate, so it converted the proceedings from chapter 11 bankruptcy to chapter 7. We affirm.

Posted by: Karen Belcher on Nov 29, 2023

The plaintiff underwent surgery for a severe head injury. Due to various complications and infections, he required multiple follow-up procedures and treatments. The plaintiff filed medical malpractice claims against the hospital and doctors involved in his treatment over the course of an approximately five-month time period. The defendants moved to dismiss based on the statute of limitations. The trial court found that the plaintiff filed his lawsuit more than one year after his cause of action had accrued and that he was not entitled to an extension of the statute of limitations. It therefore dismissed the entire lawsuit. We conclude that the trial court did not err in its determination of the accrual date for the plaintiff’s cause of action as to his initial medical treatment; accordingly, we affirm the dismissal of the plaintiff’s cause of action as to allegations of medical malpractice as it relates to the plaintiff’s initial treatment. We reverse, however, the dismissal insofar as it extends to later alleged incidents of malpractice, as they fell within the statute of limitations.

Posted by: Karen Belcher on Nov 29, 2023

Priscilla Smith filed a complaint in the Chancery Court for Hawkins County (“the Trial Court”) against multiple neighbors, including Michael and Sharon Berry. She sought access to her property by way of an undeveloped road called Hyder Lane. The Berrys’ garage was on the undeveloped road. After trial, the Trial Court determined that Hyder Lane was a public road and ordered the garage to be removed and the road opened for Ms. Smith’s use and access to her property. The Berrys appealed. Having concluded that certain indispensable parties were never joined to the action, we vacate the Trial Court’s judgment and remand for the joinder of these indispensable parties.

Posted by: Stacey Shrader Joslin on Nov 29, 2023

While the holiday season can be a joyful time for some, the pressures and stressors of work and life escalate for others. To help members thrive during this time, the TBA Attorney Well Being Committee is offering a free webinar on Dec. 7 from noon to 1 p.m. CST. The session will focus on the difficulties professionals encounter during the holidays and how to navigate through them for a healthier experience. Panelists will discuss real issues faced by today's lawyers and explore resources available to assist. Learn more and register here.

Posted by: Stacey Shrader Joslin on Nov 29, 2023

The TBA Criminal Law Forum will take place virtually this year on Dec. 6 at noon CST. This year’s event will focus on the ABA Criminal Justice Section’s 2023 Plea Bargain Task Force report, featuring a discussion on the origins of the task force, ethical considerations and14 principles that represent the task force’s conclusions. Panelists will provide specific observations and recommendations about ways in which the plea-bargaining system can and should be improved. The program features two dual hours of CLE. Learn more and register here.


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