FINANCIAL ASPECTS OF DIVORCE
Nov. 8 - Knoxville
Nov. 9 - Chattanooga
Nov. 10 - Nashville
Nov. 11- Memphis

The morning session (Basic) provides an introduction to financial
concepts in divorce, written discovery and subpoena techniques,
complex asset valuations, including pensions, stock options, and
business valuations, and income determination utilizing income tax
return, financial statement, and loan application analysis.

The afternoon session (Advanced) covers more advanced theories on
complex asset valuations, case law updates, and advanced trial
techniques. The successful negotiation of alimony, property division,
and child support depends on obtaining a clear understanding of the
divorcing parties’ financial picture.

Today's Opinions: October 29, 2004
Volume 10 — Number 209
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.
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
01 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

TBA members can get the full-text versions of these opinions three ways detailed below. All methods require a TBA username and password. If you have forgotten your password or need to obtain a password, you can look it up on-line at http://www.tba.org/getpassword.mgi .

Here's how you can obtain full-text version. • Click the URL at end of each Opinion paragraph below. This option will allow you to download the original document. • Do a key word search in the Search Link area of TBALink. This option will allow you to view and save a plain-text version of the opinion. • Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion.
Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

ERIC TETER v. REPUBLIC PARKING SYSTEM, INC.

Court:TCA

Attorneys:                          

John C. Harrison and William H. Horton, Chattanooga, Tennessee, for
the appellant, Republic Parking System, Inc.

B. Stewart Jenkins, Chattanooga, Tennessee, for the appellee, Eric
Teter.

Judge: SUSANO

First Paragraph:

In this employment law matter, Eric Teter brought suit against his
former employer, Republic Parking System, Inc. ("RPS"), alleging that
it had breached Teter's employment contract when it refused to honor
the severance pay provisions alluded to in the contract.  RPS denied
that it had breached the contract, instead contending, inter alia,
that the plaintiff was guilty of "gross misconduct" which barred his
claim.  The trial court granted the plaintiff's motion for summary
judgment, holding that the plaintiff was entitled to $795,037.35 under
the severance pay provisions.  In addition, the trial court awarded
the plaintiff prejudgment interest at the rate of 10% per annum.  RPS
appeals, arguing (1) that the trial court erred in determining the
plaintiff was discharged by RPS; (2) that the subject severance pay
provisions are not implicated by the facts of this case; (3) that the
severance pay provisions constitute an illegal penalty; (4) that RPS
should be permitted to rely upon after-acquired evidence of Teter's
misconduct to deny him severance pay; and (5) that, in any event, the
plaintiff was only entitled to receive 2 times his annual salary and
bonus under the severance pay provisions.  In addition, RPS contends
that the trial court abused its discretion when it awarded prejudgment
interest to the plaintiff.  We affirm.

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

STATE OF TENNESSEE v. LINC SEBASTIAN BAIRD

Court:TCCA

Attorneys:                          

Mark E. Stephens, District Public Defender; Robert C. Edwards,
Assistant Public Defender, Knoxville, Tennessee, for the Appellant,
Linc Sebastian Baird.

Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; Renee W. Turner, Assistant Attorney General;
Randall E. Nichols, District Attorney General; and Leon Franks,
Assistant District Attorney General, for the Appellee, State of
Tennessee.

Judge: HAYES

First Paragraph:

The Appellant, Linc Sebastian Baird, appeals the sentencing decision
of the Knox County Criminal Court.  Baird pled guilty to the crimes of
robbery and attempt to obtain a controlled substance by fraud and was
sentenced  to consecutive sentences of five years for robbery and
three years for the criminal attempt.  On appeal, Baird asserts that
the trial court erred by: (1) imposing excessive sentences and (2)
denying him an alternative sentence.  After review of the record, we
find no error and affirm the sentences.

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

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