This is an appeal from a final order entered on January 17, 2023, in the Knox County General Sessions Court (“Trial Court”). The Notice of Appeal filed by the appellant incorrectly sought review in this Court instead of the circuit court. Furthermore, the Notice of Appeal was not filed until May 12, 2023, more than ten days after entry of the Trial Court’s judgment from which the appellant seeks to appeal. Because the Notice of Appeal was untimely and was filed in the wrong court, we have no jurisdiction to consider this appeal. We also determine that transferring the appeal to the correct court would be futile.

This case concerns claims of negligence against several people and entities for allegedly serving alcohol to and/or failing to protect a 20-year-old man who died in a car accident while intoxicated. John D. Benbow (“Plaintiff”), individually and as next of kin to his son, Jacob N. Benbow, deceased, filed a wrongful death action in the Sumner County Circuit Court (“the Trial Court”) against the defendants, L&S Family Entertainment, LLC d/b/a Strike & Spare (“L&S”); JPZ, LLC d/b/a Silverado Rivergate Sports Bar & Grill (“Silverado’s”); Rancho Cantina, LLC (“Rancho Cantina”); Jody D. McCutchen; Brandi McCutchen; and Brenon D. McCutchen (“the McCutchens”). Certain of the defendants filed motions for summary judgment. The Trial Court granted summary judgment for Rancho Cantina, L&S, Brandi, and Jody. However, the Trial Court denied summary judgment for Brenon. Plaintiff appeals. We affirm the Trial Court’s grant of summary judgment to Jody because Plaintiff failed to create any genuine issue of material fact that Jody took charge of Jacob. However, we reverse the Trial Court’s grants of summary judgment to Rancho Cantina, L&S, and Brandi, as genuine issues of material fact exist with respect to Plaintiff’s claims against those parties. We observe that the standard is comparative fault, not contributory negligence. Whether Jacob was at least 50% at fault for comparative fault purposes is a question not properly resolvable at this summary judgment stage under the facts of this case. We thus affirm, in part, and reverse, in part. We remand to the Trial Court for further proceedings consistent with this Opinion.

Williamson County Circuit Judge Michael W. Binkley will retire Sept. 29, after serving 11 years on the bench and 35 years as a trial lawyer in private practice, the Nashville Post reports. When asked why he would retire after winning re-election to an eight-year term last year, Binkley said he has other things that he wants to do with his life. “I have thoroughly enjoyed being a trial judge for the last 11 years,“ he said. “Going forward, I look forward to opportunities in my life, inside the law and, mostly, outside of the law.” According to the Tennessee Administrative Office of the Courts, applications to fill the vacancy will be accepted until July 26. The Trial Court Vacancy Commission will meet on Aug. 31 to consider applicants.

The American Bar Association (ABA) Standing Committee on Ethics and Professional Responsibility has released a formal opinion that provides guidance to lawyers on how they might share an office and staff resources with an unaffiliated attorney. Formal Opinion 507 notes that while office-sharing is permissible under the model rules, attorneys should appreciate that such arrangements require “appropriate measures to comply with their ethical duties concerning the confidentiality of information, conflicts of interest, supervision of nonlawyers and communications about their services.” The opinion also directs lawyers in these arrangements to clearly communicate the nature of their relationship with other lawyers in the shared space to the public and their clients.

The Trial Court Vacancy Commission has voted to forward the names of three individuals to Gov. Bill Lee for his consideration in filling a new circuit court judge position in the 19th Judicial District. They are: Gregory D. Smith of Clarksville, Ashleigh L. Travis of Clarksville and Jeff K. Walker of Springfield. The new position was created by the Tennessee General Assembly and will be active on Sept. 1. The district covers Montgomery and Robertson counties. Read more about the nominees on the Administrative Office of the Court’s website.

The YLD is replaying three CLE webcasts from earlier in the year to help lawyers refresh and rejuvenate their practice. The three one-hour programs will be broadcast in August from noon to 1 p.m. CDT each day. Join Immediate Past TBA President Tasha Blakney, Immediate Past TBA YLD President Brittany Faith and their colleagues for informative and lively talks on How to Measure Success on Aug. 14, How to Log Off When Your Workday is Done on Aug. 25 and How to Use Your Engagement Letter on Aug. 30. The first program will teach the business concept of key performance indicators for lawyers, focusing on the different ways to measure success, how to hit goalposts all year round instead of waiting until the end of the year, and how to self-evaluate including receipts, hours and other trackable key performance indicators.

“If we work marble, it will perish; if we work upon brass, time will efface it; if we rear temples, they will crumble into dust; but if we work upon immortal minds and instill into them just principles, we are then engraving upon tablets which no time will efface but will brighten and brighten to all eternity.”
 
– Daniel Webster

A grasp of legal history is essential in the pursuit of contemporary justice. This is especially true in appellate work, which by nature values precedent. Join TBA Appellate Practice Section East Tennessee Delegate Nate Kinard for a free Zoom webinar on practical tips on using historical sources in crafting legal arguments. Learn more and register here.

“If we work marble, it will perish; if we work upon brass, time will efface it; if we rear temples, they will crumble into dust; but if we work upon immortal minds and instill into them just principles, we are then engraving upon tablets which no time will efface but will brighten and brighten to all eternity.”
 
– Daniel Webster

A grasp of legal history is essential in the pursuit of contemporary justice. This is especially true in appellate work, which by nature values precedent. Join TBA Appellate Practice Section East Tennessee Delegate Nate Kinard for a Zoom webinar on practical tips on using historical sources in crafting legal arguments. Learn more and register here.

A trial regarding the estate of the Aretha Franklin ended yesterday, with a jury acknowledging a four-page holographic document as the singer’s last wishes. The Queen of Soul succumbed to pancreatic cancer in 2018 and had not executed a will. It was initially assumed her estate would be divided equally among her four sons until a family member found handwritten documents with conflicting intentions in a locked cabinet, and in a spiral notebook hidden in the crooner’s couch. The discovery upended initial assumptions, and her sons became embroiled in a four-year-long court battle on which document should take precedence, and how to distribute her assets and music rights. The jury deliberated for less than an hour, ultimately finding the most recent document best preserves Franklin’s wishes over an earlier, more detailed will that had her signature on each page. Probate Judge Jennifer S. Callaghan said that even though the 2014 will was recognized by the jury as valid, one of Franklin’s sons can still make a case to include some aspects of the earlier document into the final estate plan. The New York Times has more.

The July 21 in-person Elder Law Forum will feature a judges panel, providing attendees advice for success in probate court. Esteemed judges Andra Hedrick and Toby Gilley will present practical tips on how to sharpen your skills and better serve your clients in relative cases. Questions and input are encouraged for this interactive panel. Other topics featured at the forum include ethics, tax considerations, how to get your client on TennCare and redetermination. Don’t miss this once-a-year chance to hear from top experts and meet with colleagues from across the state. Learn more and register here.