Opinion FlashSeptember 9, 2004
Volume 10 Number 174
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
JOANN POTTS, ET AL. v. WALTER ANSEL ROGERS, JR., ET AL. Court:TCA Attorneys: Gary R. Patrick, Chattanooga, Tennessee, for appellant, Walter Ansel Rogers, Jr. John C. Cavett, Jr., attorney for appellees, Joann Potts, Wanda Sue Gann, Donnie Rogers, George Rogers, and Darlene Parrott. Allen L. McCallie, Chattanooga, Tennessee, attorney for appellee, North Chickamauga Creek Conservancy. Judge: INMAN First Paragraph: In 1987 six (6) siblings acquired by intestate succession, a 115-acre tract, mostly flood plain unimproved land bordering North Chickamauga Creek near Hixson, Tennessee. Five (5) of the owners filed a partition action against their brother whose residence adjoined an upland portion of the 115 acres that was not subject to flooding. A consent judgment was entered in 1998 that the entire acreage would be sold and the net proceeds divided equally among the six (6) owners. But the consent judgment also provided that if no offer to purchase for $1,734,150.00 was received, the property would not be sold without unanimous consent or upon further order of the court. Four years later the North Chickamauga Creek Conservancy offered $800,000.00 which was accepted by the plaintiffs, and disdained by the defendant, who apparently wanted the upland tract of 19 acres adjoining his residence as his partitioned share. The court ordered the property sold for partition. We modify as to the real estate commission and affirm. http://www.tba.org/tba_files/TCA/pottsjoann.wpd
STATE OF TENNESSEE v. NEAL LEVONE ARMOUR Court:TCCA Attorneys: Judge: WITT First Paragraph: The defendant, Neal Levone Armour, appeals the Hamilton County Criminal Court's revocation of probation. Because the record supports the trial court's actions, we affirm. http://www.tba.org/tba_files/TCCA/armourneall.wpd
STATE OF TENNESSEE v. ERIC EUGENE GILMORE Court:TCCA Attorneys: Bruce E. Poston, Knoxville, Tennessee, for the Appellant, Eric Eugene Gilmore. Paul G. Summers, Attorney General & Reporter; Helena Walton Yarbrough, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Leon Franks, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WITT First Paragraph: The Knox County Criminal Court denied the motion of the defendant, Eric Eugene Gilmore, to set aside his 2001 guilty pleas to a number of charges. We affirm. http://www.tba.org/tba_files/TCCA/gilmoreericeugene.wpd
Stop and ID Date: September 7, 2004 Opinion Number: 04-148 http://www.tba.org/tba_files/AG/2004/op148.pdf
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