Seat on Judicial Evaluation Commission to be filled, deadline to apply is April 13
The Tennessee Bar Association is accepting applications from members interested in being nominated for a seat on the Judicial Evaluation Commission. The position is currently held by Sarah Sheppeard of Knoxville, who is not eligible for reappointment.
The TBA nominates three people and the Speaker of the House of Representatives chooses one of the nominees to serve on the commission. Interested individuals should contact TBA Executive Director Allan F. Ramsaur by mail at 221 Fourth Ave. North, Suite 400, Nashville, TN 37219. Include a letter of interest and a resume. Applications must be received by April 13. The Board of Governors will choose the TBA's nominees at its April 28 meeting. Complete details about the nomination process may be found on the TBA web site at:
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Howard H. Vogel
GINA ANDREWS v. FIFTH THIRD BANK
August C. Winter, Brentwood, Tennessee, for the appellant, Gina Andrews.
J. Timothy Street, Franklin, Tennessee, for the appellee, Fifth Third Bank.
Ex-wife of debtor, who had a recorded final judgment against debtor's real property, filed action
against Bank, who obtained two recorded default judgments against debtor, in order to determine
which party was entitled to the excess proceeds resulting from the foreclosure sale of debtor's real
property. The trial court determined that (1) Ex-wife's failure to execute on her judgment denied
her the right to claim priority pursuant to Tennessee Rule of Civil Procedure 69.07(3); and (2) Ex-wife
could not collaterally attack the validity of Bank's judgments. We reverse and remand.
CLEAR CHANNEL OUTDOOR, INC. v. A QUALITY, INC, D/B/A MR. PRIDE, ET AL.
Robert L. J. Spence, Jr. and Carrie C. Thomas of Memphis, Tennessee for Appellant, Clear Channel
Robert E. Craddock, Jr. and Kacey L. Faughnan of Memphis, Tennessee for Appellees, A Quality
Inc., d/b/a Mr. Pride and A Quality, PMM, Inc.
This case involves the interpretation of a lease agreement as it pertains to ownership of an
advertising sign structure. The trial court found that Defendant/Appellee, the Lessor under the lease,
is the owner of the sign structure pursuant to the terms of the lease. Plaintiff/Appellant contends that
the plain language of the lease indicates that it is the owner of the disputed sign. We affirm and
N. C. EDWARDS, II v. CARLOCK NISSAN OF JACKSON, LLC, ET AL.
Jeffrey P. Boyd of Jackson, Tennessee for Appellants, Carlock Nissan of Jackson, LLC, Grover
Clayborn Carlock, Sr., and Grover Clayborn Carlock, Jr.
William H. Shackelford, Jr. of Memphis, Tennessee for Appellee, N. C. Edwards, II.
Lessor/Appellee sued Lessee/Appellant for breach of contract due to Lessee/Appellant's
alleged failure to maintain the leased building as required under the lease. The trial court entered
Judgment in favor of Lessor/Appellee, which Judgment included damages for repairs to the building,
lost rent, and attorney fees. Lessee/Appellant appeals. On appeal, Lessor/Appellee asks for attorney
fees in defending this appeal. We affirm the judgment of the trial court and remand for a
determination of appropriate appellate attorney fees.
JOHNNY GANT v. SANTA CLARITA LABORATORIES
Johnny Gant, Nashville, Tennessee, appellant Pro Se.
Santa Clarita Laboratories, appellee, not represented on appeal.
The plaintiff was a Nashville man who bought a bottle of mail order vitamins from a California
company and directed the company to send the order to one of his relatives. The plaintiff was
unsatisfied with the product and mailed it back to the company and asked for a refund. When no
refund was immediately forthcoming, he filed suit in General Sessions Court. The company sent the
plaintiff a full refund after it was served with the lawsuit. The plaintiff continued to pursue his suit
through an appeal to the Circuit Court, which dismissed the case. We affirm the Circuit Court.
TARVIE GILBERT v. CHOO-CHOO PARTNERS, L.P.
Grace E. Daniell, Chattanooga, Tennessee, for appellant.
Karen M. Smith and Maury Nicely, Chattanooga, Tennessee, for appellee.
In this action, plaintiff alleged that he suffered two demotions with his employer due to his age.
The Trial Judge granted the employer summary judgment, finding that there was merit in
plaintiff's Complaint as to the first demotion, but the statute of limitations had run before the
action was filed. As to the second demotion, the Trial Court held that the plaintiff failed to make
out a prima facie case of age discrimination, because there was no showing that he was replaced
by a younger worker.
On appeal, we affirm the Trial Court's Judgment.
GLOBE LIFE AND ACCIDENT INSURANCE COMPANY v. MARIE NICHOLSON AND PAM OLIVER
Kenneth K. Crites, Centerville, Tennessee, for the appellant, Marie Nicholson.
Jerry W. Hamlin, Ashland City, Tennessee, for the appellee, Pam Oliver.
This appeal involves a determination of whether a now-deceased insured substantially complied with
requirements for a change of beneficiary on his life insurance policy from his former wife to his
daughter. Because the evidence does not preponderate against the trial court's ruling that the
decedent had substantially complied, we affirm the judgment of the trial court awarding the proceeds
of the policy to the daughter.
VICKI MICHELLE MARLETT V. WILLIAM BLAKE THOMASON and OPAL THOMASON
Mark Walker, Springfield, Tennessee, for Plaintiff/Appellant Vicki Michelle Marlett.
Roger A. Maness, Clarksville, Tennessee, for Defendant/Appellee William Blake Thomason.
This is a contract case. The plaintiff's grandmother died in April 2002. Shortly after the decedent's
death, a dispute arose between the parties regarding the validity of the decedent's will. In August
2002, the parties entered into a settlement agreement and release, which distributed the decedent's
estate and released all claims relating to the validity of the will or to the distribution of assets in the
estate. After entering into this agreement, the plaintiff was appointed administratrix of the
decedent's estate. In administering the estate, the plaintiff discovered that, at the time of her death,
the decedent owned four substantial financial accounts and that, between February 1997 and January
1999, the defendant was made a joint owner of these accounts. The plaintiff, as administratrix, then
filed the instant lawsuit to bring the financial accounts into the estate for distribution to the
decedent's intestate heirs. The defendant filed a motion for summary judgment. The trial court
granted the motion based on the settlement agreement executed by the parties. The plaintiff now
appeals. We reverse and remand, finding that there is a genuine issue of material fact with regard
to what was within the contemplation of the parties when the settlement agreement was executed.
JASON R. STANFORD v. NICOLE L. SYLVAIN
Jason R. Stanford Pro Se.
H. Scott Saul of Nashville, Tennessee for Nicole Layrain Sylvain, Appellee.
This is a child custody case involving the issue of which state, Tennessee or Texas, has
jurisdiction under the UCCJEA. The trial court determined that the child's extended stay in
Tennessee was a visit in this State and not a change of residence so as to give Tennessee home state
jurisdiction to modify a foreign decree of custody that had previously been entered in Georgia.
Father/Appellant appeals asserting that Mother/Appellee forfeited her status as custodial parent by
sending the child to live with him in Tennessee. We affirm.
STATE OF TENNESSEE v. DONNA W. BARNES
Stephen M. Wallace, District Public Defender, and Leslie S. Hale, Assistant Public Defender, for
the appellant, Donna W. Barnes.
Robert E. Cooper, Jr., Attorney General and Reporter; Leslie E. Price, Assistant Attorney
General; H. Greeley Wells, Jr., District Attorney General; Kent L. Chitwood, Jr., Assistant
District Attorney General, for the appellee, State of Tennessee.
The defendant, Donna W. Barnes, was found guilty by a jury of theft of property under $500, a
Class A misdemeanor. She appeals the sufficiency of the evidence to support her conviction.
We conclude that sufficient evidence was presented for a rational jury to find, beyond a
reasonable doubt, the defendantís guilt. We affirm the judgment of the trial court.
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