Opinion FlashFebruary 23, 2004
Volume 10 Number 035
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):
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Howard H. Vogel
FRED SLAUGHTER, ET AL. v. LAURA LEIGH SLAUGHTER, ET AL. Court:TCA Attorneys: Keith D. Stewart, Knoxville, Tennessee, for the Appellant, Daniel Bruce Crowe Todd A. Covert, Knoxville, Tennessee, for the Appellee, Laura Leigh Slaughter Judge: GODDARD First Paragraph: In this appeal from the Chancery Court for Washington County the Appellant, Daniel Bruce Crowe, contends that the Chancery Court erred in finding Mr. Crowe and his attorney in contempt and in its award of attorney fees. We affirm and remand. http://www.tba.org/tba_files/TCA/slaughtr.wpd
FORREST L. WHALEY & MARGARET ANN WHALEY v. FIRST AMERICAN TITLE COMPANY OF MID-WEST Court:TCA Attorneys: Richard M. Carter, Curt R. Soefker, Memphis, TN, for Appellants Michael C. Patton, Thomas F. Barnett, Memphis, TN, for Appellee Judge: HIGHERS First Paragraph: This case involves a claim under a title insurance policy. Plaintiffs purchased a residence located on a two acre lot, which, they later discovered, had been improperly subdivided from a preexisting 74 acre tract. As a result of the improper subdivision of their lot, Plaintiffs are unable to obtain a building permit to construct any improvements upon the property. Plaintiffs then filed a claim under their title insurance policy with Defendant. The claim was denied, and the Plaintiffs subsequently filed suit. After considering pleadings, affidavits, and deposition transcripts, the lower court granted Defendant's motion for summary judgment, finding as a matter of law that the policy at issue does not cover the improper subdivision of land. For the following reasons, we affirm the ruling of the trial court. http://www.tba.org/tba_files/TCA/whaley.wpd
STATE OF TENNESSEE v. DAVID G. HOUSLER Court:TCCA Attorneys: Michael E. Terry, Nashville, Tennessee, for the appellee, David G. Housler. Paul G. Summers, Attorney General & Reporter; Elizabeth Ryan, Assistant Attorney General; and John Carney, District Attorney General for the appellant, State of Tennessee. Judge: SMITH First Paragraph: This court granted the State of Tennessee's application for an appeal pursuant to Tennessee Rule of Appellate Procedure 10. The State is seeking reversal of the order of the Montgomery County Circuit Court which supplemented the appellate record in the defendant's direct appeal with the transcript of the trial in the case of State v. Courtney Matthews, Montgomery County Circuit Court No. 33791. Although Housler and Matthews were both charged in the homicides of four Taco Bell employees in Clarksville, Tennessee, the pair was tried separately, and the transcript of Matthews' trial was never introduced into evidence at any stage of the Housler trial or at any post- trial proceedings involving Housler. As a result, the order of the Montgomery County Circuit Court is REVERSED and VACATED, and the clerk of this court is ORDERED to return to the Montgomery County Circuit Court Clerk the transcript of the trial in State v. Courtney Matthews, Montgomery County Circuit Court No. 33791. http://www.tba.org/tba_files/TCCA/houslerdavid.wpd
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