May 17, 2000
Volume 6 -- Number 073

What follows is the case style or name, first paragraph, author's name, and the names of attorneys for the parties of each opinion released eletronically today to TBALink.

This Issue (IN THIS ORDER):
 
00 New Opinion(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
03 New Opinion(s) from the Tennessee Court of Appeals
00 New Opinion(s) from the Tennessee Court of Criminal Appeals
00 New Opinion(s) from the Tennessee Attorney General (PDF format)
00 New Judicial Ethics Opinion(s)
00 New Formal Ethics Opinion(s) from the Board of Professional Responsibility
 

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Lucian T. Pera
Editor-in-Chief, TBALink

						

DOUGLAS BLAIR v. TRACEY M. NORRIS, ET EL.
Court:TCA
Attorneys:  

Jerrold L. Becker, Knoxville, Tennessee, for the appellant, Douglas
Blair

J. Elaine Burke and Ricky A. W. Curtis, Knoxville, Tennessee, for the
appellees, Tracey M. Norris and Michael W. Norris                         

Judge: GODDARD

First Paragraph:

This is a suit wherein the Plaintiff Douglas Blair seeks a
determination that he is the father of Dillon Michael Norris, born
June 4, 1993, while the childÕs mother, Tracey M. Norris, was married
to and living with Michael W. Norris.  The Trial Court found that the
suit was not timely filed as required by T.C.A. 36-2-304(b)(2)(A). 
Mr. BlairÕs appeal insists that under the doctrine of equitable
estoppel the Trial CourtÕs dismissal of his action was error.  We
affirm.

http://www.tba.org/tba_files/TCA/blaird.wpd


GINO HARRIS v. DAVID HENSLEY Court:TCA Attorneys: Gino Harris, Clifton, Tennessee, Pro Se. Tom Anderson, Jackson, Tennessee, for the appellee, David Hensley. Judge: CANTRELL First Paragraph: A prisoner filed a Motion to Alter or Amend the trial courtÕs dismissal of his Petition for Certiorari, claiming that he had never been served with a copy of the respondentÕs Motion to Dismiss. The trial court denied the Motion to Alter or Amend, implying that the presence of a proper certificate of service on a motion creates an irrebuttable presumption that service of that motion had successfully been accomplished. We affirm the trial courtÕs order, but on the ground that the appellant was not entitled to the relief he sought, despite any possible defects of service. http://www.tba.org/tba_files/TCA/harrisg.wpd
STATE OF TENNESSEE, EX REL. ANNE B. POPE v. XANTUS HEALTHPLAN OF TENNESSEE, INC. WITH CONCURRING OPINION Court:TCA Attorneys: Paul G. Summers, Attorney General and Reporter, Michael E. Moore, Solicitor General, Sarah Hiestand, Assistant Attorney General, for the appellant, State of Tennessee, ex rel. Anne B. Pope and Special Deputy Rehabilitators David Manning and Manny Martins. Jones Wilson Luna, Michael D. Pearigen, Paula A. Flowers, William W. Gibson, Andrew B. Campbell, Nashville, Tennessee, for the appellant, State of Tennessee, ex rel. Anne B. Pope and Special Deputy Rehabilitators David Manning and Manny Martins. Robert J. Walker, Joseph F. Welborn, III, Nashville, Tennessee, for the appellee, Xantus Corporation. Paul G. Summers, Attorney General & Reporter, Michael E. Moore, for the Amicus Curiae, The Bureau of TennCare of the Tennessee Department of Finance and Administration. Charles A. Miller, Washington, D.C., for the Amicus Curiae, The Bureau of TennCare of the Tennessee Department of Finance and Administration. G. Gordon Bonnyman, Jr., Michele M. Johnson, Christopher Griffin, Nashville, Tennessee, for the Amicus Curiae, Tennessee Health Care Campaign. James F. Blumstein, Nashville, Tennessee, Amicus Curiae, Vanderbilt University Law School and the Health Policy Center of the Vanderbilt Institute for Public Policy Studies. Robert C. Goodrich, Jr., Nashville, Tennessee, for the ProvidersÕ Committee. Judge: CANTRELL First Paragraph: This is an extraordinary appeal pursuant to Rule 10, Tenn. R. App. P. We are asked to reverse an order of the Chancery Court of Davidson County that would effectively liquidate a managed care organization (MCO) that had been placed in rehabilitation by the Commissioner of Commerce and Insurance. This review necessarily involves a decision about the extent of the Chancery CourtÕs power in formal delinquency proceedings brought by the Commissioner against troubled insurance companies. Based on our conclusions that the chancellorÕs order exceeded her power we reverse the order and remand the cause for further proceedings. http://www.tba.org/tba_files/TCA/popeanneb_opn.wpdWITH CONCURRING OPINION http://www.tba.org/tba_files/TCA/popeanneb_con.wpd

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