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Posted by: Karen Belcher on Oct 17, 2023

This appeal arises from a forfeiture action regarding funds seized during a traffic stop. In a prior appeal, this Court vacated and remanded for entry of an order that complied with Rule 58 and Rule 52.01 of the Tennessee Rules of Civil Procedure. The trial court entered an additional order on remand, and the appellant has again appealed. Due to deficiencies in the appellant’s brief on appeal, we conclude that he waived consideration of his issue on appeal and hereby dismiss the appeal.

Posted by: Karen Belcher on Oct 17, 2023

In this accelerated interlocutory appeal, Appellant seeks to appeal from the denial of three separate motions to recuse the trial judge. As to the first motion, we affirm the trial court’s denial of that motion on the basis of Appellant’s failure to comply with Rule 10B of the Rules of the Supreme Court of the State of Tennessee. As the second and third recusal motion, we dismiss this appeal, as no effective order denying those motions has yet been entered by the trial court.

Posted by: Karen Belcher on Oct 17, 2023

This case arises from a dispute between a property owner and his homeowners’ association. The property owner, Pratik Pandharipande, purchased a home in a vacation community on a Tennessee lake, intending to use it as a short-term rental. At the time of the purchase, the property was subject to covenants requiring that the home be used for “residential and no other purposes.” The covenants were amended several years later to allow leases with minimum lease terms of thirty days. Pandharipande contends that neither the original covenants nor the amendments prohibit him from leasing his property for short terms of two to twenty-eight days. His homeowners’ association disagrees on both scores. We agree with Pandharipande that the original covenants requiring residential use of the property do not bar his short-term rentals, but we agree with the homeowners’ association that the amendments do. The trial court granted summary judgment in favor of the homeowners’ association based on both the original covenants and the amendments. The Court of Appeals affirmed. We affirm the Court of Appeals in part, reverse in part, and remand for further proceedings consistent with this opinion.

Posted by: Brooke Leeton on Oct 17, 2023

The TBA Administrative Law Section will host its Annual Forum on Dec. 8 from 9:30 a.m. to 1:30 p.m. CST at the Nashville office of Burr & Forman. Sessions will provide updates on relevant legislation, case law, ethics and administrative rules. Speakers include Jerry Taylor with Thompson Burton, Bill Penny with Burr & Forman, Judge Phillip Hilliard with the state Administrative Procedures Division, and Krisann Hodges with the Tennessee Department of Human Services. Administrative Law Section members will receive a special discounted price on the program. Not a member of the section? Join today.

Posted by: Stacey Shrader Joslin on Oct 16, 2023

The Tennessee Department of Correction (TDOC) has released new data showing that the recidivism rate for offenders released from its facilities is now at the lowest level in more than a decade. And for the first time, the department reports that the recidivism rate has dropped below 30%. TDOC measures recidivism by criminal acts that result in rearrest, reconviction or a return to prison within a three-year period after release. Commissioner Frank Strada credits standardization of offender supervision and use of graduated sanctions, as well as the valuable work of private, nonprofit and community organizations.

Posted by: Stacey Shrader Joslin on Oct 16, 2023

Migrant families separated at the U.S.-Mexico border under then-President Donald Trump will receive temporary legal status and other benefits, according to a summary of a settlement agreement filed today. Reuters reports that the agreement applies to some 3,900 children separated from their parents. The ACLU represented separated families in a lawsuit first filed in 2018. The agreement also bars similar separations in the future according to reports.

Posted by: Stacey Shrader Joslin on Oct 16, 2023

The Lawyers' Association for Women Marion Griffin Chapter will hold its New Admittee Breakfast on Nov. 7 from 7:15-9 a.m. CST. The event will be held at the Music City Center, Grand Ballroom C, 201 Rep. John Lewis Way, S., Nashville 37203. This year’s keynote speaker will be Magistrate Judge Alistair E. Newbern of the Middle District of Tennessee. For 47 years, the breakfast has been recognized as a signature event in the Middle Tennessee legal community. It is attended by more than 300 new admittees, judges, local bar dignitaries and attorneys. The event is free to new admittees. RSVP online by Nov. 2.

Posted by: Stacey Shrader Joslin on Oct 16, 2023

The Tennessee Supreme Court on Friday suspended Roane County lawyer Eric John Montierth from the practice of law for two years, with 18 months to be served on active suspension —retroactive to Sept. 23, 2022 — and the remainder on probation. The suspension is conditioned on Montierth incurring no new complaints of misconduct related to the disciplined conduct, engagement of a practice monitor, and evaluation by the Tennessee Lawyers Assistance Program. The court found that Montierth failed to (1) communicate with clients adequately about closing his practice, (2) transition his clients to other lawyers, and (3) refund unearned fees. Montierth agreed to a conditional guilty plea acknowledging his conduct violated Tennessee Rules of Professional Conduct 1.3, 1.4, 1.5, 1.16, 3.4, 8.1(b) 8.4(a) and 8.4(d).

Posted by: Stacey Shrader Joslin on Oct 16, 2023

The Tennessee Supreme Court issued an order Monday designed to resolve a discrepancy between the word limitation provisions of Tenn. R. App. P. 30(e) and its own rules. The order amends Tennessee Supreme Court Rule 46, sec. 3.02(a)(1) to comport with the provisions of the Rules of Appellate Procedure. The amendment took effect upon filing of the order.

Posted by: Liz Slagle Todaro on Oct 16, 2023

The Memphis Bar Association YLD is seeking volunteer attorneys to participate in Legal Lines with WREG on Oct. 24 from 3:30 to 6:30 p.m. CDT. Volunteers will be answering phones and must be able to stay for the entire event. Register for the event or email constance.brown@memphistn.gov for more information.


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