Opinion Flash

July 21, 2003
Volume 9 — Number 129

Following this index are summaries of each case, including its name, first paragraph, author's name, and the names of attorneys for the parties of each opinion.

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
01 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
04 New Opinion(s) from the Tennessee Court of Appeals
01 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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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink


SUPREME COURT OF TENNESSEE
SUPREME COURT DISCRETIONARY APPEALS

Court:TSC - Rules

http://www.tba.org/tba_files/TSC_Rules/certlist_0721.wpd

CITIFINANCIAL MORTGAGE COMPANY, INC. v. JOHN E. FIELDS, ET AL.

Court:TCA

Attorneys:                          

John Elton Fields, Pro Se

Julie G. Moss, Memphis, For Appellees, Citifinancial Mortgage Company,
Inc.

Judge: CRAWFORD

First Paragraph:

Holder of mortgage, after purchasing property at foreclosure, filed
detainer suit in general sessions court for possession of property. 
Judgment for possession was granted on September 12, 2002. 
Mortgage-debtor filed an appeal to the circuit court on October 14,
2002.  On motion of former mortgage holder and present owner of
property, the circuit court dismissed the appeal as untimely filed. 
Former property owner appeals.  We affirm.

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

MIKE HALL and CONNIE HALL  v. CLIFFORD HOUSTON 

Court:TCA

Attorneys:                          

David E. Danner, Nashville, Tennessee for the appellants, Clifford
Houston.

D. Scott Porch, IV,  Columbia, Tennessee, for the appellees, Mike Hall
and Connie Hall.

Judge: SHIPLEY

First Paragraph:

Defendant, Clifford Houston executed a lease and contract to purchase
real property with the plaintiffs Connie and Mike Hall.  Upon failure
to pay the entire amount of the rent and allow an inspection, the
plaintiffs  filed a detainer warrant, which the general sessions court
 granted.  The case was appealed to the circuit court where the judge
affirmed the award of possession to the plaintiffs, and ordered the
forfeiture of the initial deposit in the purchase agreement. 
Defendant, Houston, appealed the trial court's decision.We affirm the
possession, the judgment for unpaid rent,  reverse the deposit award
and remand the case for determination of attorney's fees.

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

IN THE MATTER OF THE ESTATE OF MARTHA L. LACEY, DECEASED

Court:TCA

Attorneys:                          

Paul G. Summers, Attorney General and Reporter, L. Vincent Williams,
Special Deputy Attorney General, For Appellant, Tennessee State
Veterans Homes Board

Harold E. Dorsey, Humbodt, For Appellee, Estate of Martha L. Lacey,
Deceased

Judge: CRAWFORD

First Paragraph:

Claimant, State of Tennessee, filed a claim against the estate of the
deceased pursuant to T.C.A. S 30-2-306(c), and the Co-Administrators
of estate excepted to the claim.  The chancery/probate court denied
the claim as time barred. Claimant appeals.  We reverse.

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

VICKIE LYNN NASH v. THOMAS STEPHEN NASH

Court:TCA

Attorneys:                          

Jerrold L. Becker, Knoxville, Tennessee, for the Appellant, Thomas
Stephen Nash

John D. Lockridge, Knoxville, Tennessee, for the Appellee, Vickie Lynn
Nash

Judge: GODDARD

First Paragraph:

This appeal of a judgment for divorce entered by the Knox County
Circuit Court questions whether  the Trial Court erred in its
classification and division of a 401(k) retirement account and in its
award of rehabilitative alimony. We affirm in part, modify in part and
remand.

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

STATE OF TENNESSEE v. MARCUS ROGERS

Court:TCCA

Attorneys:                          

Gerald Stanley Green, Memphis, Tennessee, for the Appellant, Marcus
Rogers.

Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; J. Ross Dyer, Assistant Attorney General; William
L. Gibbons, District Attorney General; and Patience Branham, Assistant
District Attorney General, for the Appellee, State of Tennessee.

Judge: HAYES

First Paragraph:

The Appellant, Marcus Rogers, was convicted by a Shelby County jury of
second degree murder and two counts of attempted second degree murder.
 Following a sentencing hearing, the trial court imposed an effective
sentence of thirty-four years for these crimes.  On appeal, he argues
that the evidence produced at trial was insufficient to support the
verdicts.  After review, we find the evidence sufficient and affirm
the judgments of the trial court.

http://www.tba.org/tba_files/TCCA/rogersm.wpd

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