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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink
  
TODAY'S OPINIONS: Tuesday, August 09, 2005
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 - Formal Ethics Opinions - BPR
00 - Judicial Ethics Opinions
00 - TN Attorney General Opinions
02 - TN Court of Appeals
00 - TN Court of Criminal Appeals
00 - TN Supreme Court
00 - TN Supreme Court - Rules
00 - TN Worker's Comp Appeals


CAROL ANN VICK WATSON v. FRANK LEE WATSON, JR.

Court: TCA

Attorneys:

David E. Caywood, Holly Jackson Renken, Memphis, TN, for Appellant, Carol Ann VickWatson

Sam B. Blair, Jr., Memphis, TN, for Appellee, Frank Lee Watson, Jr.

Judge: HIGHERS

This appeal arises out of an action for divorce. The trial court awarded the wife a divorce fromthe husband on the ground of inappropriate marital conduct and denied the husband‚s counterclaim for divorce. After classifying and valuing various items of property in the maritalestate, the trial court divided the marital property between the husband and wife. Further, the trial court awarded the wife transitional alimony in the amount of $6,000.00 per month for threeyears and then $3,000.00 per month for the next three years. Finally, the lower court ordered each party to pay his or her own attorney‚s fees. For the following reasons, we affirm in part,reverse in part, and remand for further proceedings consistent with this opinion.

watsonc8905.pdf


SHELBY ABBOTT, ET AL. v. BLOUNT COUNTY, TENNESSEE, ET AL.

Court: TCA

Attorneys:

Norman H. Newton and LaJuana G. Atkins, Maryville, Tennessee, for the appellant, Blount County, Tennessee.

Joe Costner, Maryville, Tennessee, for the appellees, Shelby Abbott and husband, Charles Abbott.

Judge: FARMER

Plaintiffs filed a declaratory judgment action seeking a declaration that they had not been „made wholeš in a settlement agreement with third-party tortfeasors and that any subrogation claim by Defendant insurer should be denied. The trial court awarded Plaintiffs summary judgment. Defendant insurer appeals. We reverse the award of summary judgment and remand for further proceedings.

abbotts8905.pdf


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