Award-winning GP Summit returns with strong lineup

Recognized in 2007 as the state's top educational seminar, the TBA's General Practice Summit returns this summer with a strong lineup of speakers in practice areas central to the work of attorneys in solo or small practices. This year's program will again feature 15 hours of practical programming along with plenty of time for networking and learning from your colleagues. Register or find out more about this Nashville program, scheduled for Aug. 21-23.

https://www.tnbaru.com/CLE/catalog_course_details.php?course=5732

TODAY'S OPINIONS
Click on the category of your choice to view summaries of today’s opinions from that court, or other body. A link at the end of each case summary will let you download the full opinion in PDF format. To search all opinions in the TBALink database or to obtain a text version of each opinion, go to our OpinionSearch page. If you have forgotten your password or need to obtain a password, you can look it up on TBALink at the TBA's Membership Central.

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IN RE CONSERVATORSHIP OF WILLIAM PAUL ACKERMAN

Court: TCA

Attorneys:

Cathy Drake-Ackerman, Russellville, Kentucky, appellant, Pro Se.

T. J. Jones, Nashville, Tennessee, for the appellees, John R. Ackerman, Sammie A. Guthrie, and William Paul Ackerman, III.

Judge: SUSANO

Relatives of William Paul Ackerman ("Ward") - a brother, sister, and son - sought appointment as co-conservators of his person and property. Cathy Drake-Ackerman ("Wife") has appealed, questioning whether the probate court had jurisdiction over Ward. We hold that the evidence does not preponderate against the probate court's findings. Accordingly, we affirm.

http://www.tba2.org/tba_files/TCA/2008/ackermanw_072908.pdf


THERESA L. CALDWELL v. CANADA TRACE, INC.

Court: TCA

Attorneys:

William Ray Jamieson, Memphis, Tennessee, for the appellant, Theresa L. Caldwell

Joseph Duane Barton, Millington, Tennessee, for the appellee, Canada Trace, Inc.

Judge: KIRBY

This is an appeal from a damage award. In the underlying litigation, the plaintiff owner of a mobile home sued the defendant owner of the mobile home park in which the mobile home was located, over the defendant's eviction of the plaintiff and alleged conversion and trespass, resulting in damages to the mobile home. The trial court held in favor of the defendant mobile home park owner, and the plaintiff appealed. The trial court's decision was reversed on appeal, and the case was remanded for the determination of the damages to the plaintiff mobile home owner. The trial court awarded compensatory damages to the plaintiff mobile home owner, who now appeals again, arguing that she should have received consequential and punitive damages. We affirm.

http://www.tba2.org/tba_files/TCA/2008/caldwellt_072908.pdf


CLEAR CHANNEL OUTDOOR, INC. v. A QUALITY, INC., D/B/A MR. PRIDE and A QUALITY, PMM, INC.

Court: TCA

Attorneys:

Robert L. J. Spence, Jr. and Carrie C. Thomas, Memphis, TN, for the Plaintiff/Appellant Clear Channel Outdoor, Inc.

Robert E. Craddock, Jr. and Kacey L. Faughnan, Memphis, TN, for the Defendants/Appellees, A Quality, Inc., D/B/A Mr. Pride, and A Quality, PMM, Inc.

Judge: KIRBY

This is the second appeal of this case arising out of a dispute over the ownership of a billboard structure. The present appeal is limited to the issue of damages. On remand from this Court, the trial court referred the issue of damages to a special master. After receiving the special master's report and recommendation, the trial court entered judgment for damages resulting from the appellant billboard company's wrongful possession of the appellee's billboard structure. The appellant billboard company argues that the trial court erred in adopting the special master's report, and contends that it was deprived of a trial on the issue of damages. We affirm the trial court's adoption of the special master's report, vacate the remainder of the judgment, and remand.

http://www.tba2.org/tba_files/TCA/2008/clearchannel_072908.pdf


CHERYL L. GRAY v. ALEX V. MITSKY, ET AL.

Court: TCA

Attorneys:

G. Kline Preston, IV, Nashville, Tennessee, for the appellants, Alex V. Mitsky and Val P. Mitsky.

Joseph B. Klockenkemper, II and Michael T. Schmitt, for the appellee, Cheryl L. Gray.

Judge: SUSANO

Following a two-vehicle collision, Cheryl L. Gray ("the plaintiff") brought an action for damages against the other driver, Alex V. Mitsky ("Son"), and the registered owner of the other driver's vehicle, Val P. Mitsky ("Father"). Son stipulated that he was at fault in the accident. The plaintiff alleged that Father was vicariously liable under the provisions of Tenn. Code Ann. sections 55-10-311 and -312 (2004). Father's motion for dismissal was denied by the trial court, and judgment was entered for the plaintiff against both Father and Son. Father appeals. We affirm.

http://www.tba2.org/tba_files/TCA/2008/grayc_072908.pdf


IN RE: J.C.S.

Court: TCA

Attorneys:

Christine Brasher, Springfield, Tennessee, for the appellant, Mother.

Paul A. Rutherford, Nashville, Tennessee, for the appellees, Grandparents.

Judge: COTTRELL

Mother appeals the trial court's denial of her request to regain custody of her son after she executed an Agreed Order transferring custody to the maternal grandparents. We affirm the trial court's finding that Mother signed the Agreed Order voluntarily with knowledge of the consequences and thereby she relinquished her superior right to custody. We also affirm the trial court's decision that having lost her superior custodial right, Mother was required to show a material change in circumstances warranting a revision in custody which she failed to do. We remand the matter to the trial court to set Mother's child support in accordance with the applicable child support guidelines.

http://www.tba2.org/tba_files/TCA/2008/jcs_072908.pdf


KENNETH PETTITT, ET AL. v. CURTIS WILLIAMSON d/b/a WILLIAMSON CONSTRUCTION, ET AL.

Court: TCA

Attorneys:

G. Kline Preston, Nashville, Tennessee, for the appellants, Kenneth Pettitt and wife Cathy Pettitt.

Derrick Allen Free, Robyn Beale Williams, Nashville, Tennessee, for the appellees, Freda K. Jones, and Coffee County Realty and Auction, LLC.

Judge: COTTRELL

Finding that the home purchasers created genuine issues of material fact as to whether the defendant facilitated the home sale for the contractor/seller, we reverse the trial court's grant of summary judgment.

http://www.tba2.org/tba_files/TCA/2008/pettittk_072908.pdf


CORNELIUS L. POLK V. MARCIE A. DENNEY

Court: TCA

Attorneys:

C. LeAnn Smith, Nashville, Tennessee, for the Plaintiff/Appellant, Cornelius L. Polk.

Defendant/Appellee Marcie A. Denney, pro se (no brief filed).

Judge: KIRBY

This appeal involves the juvenile court's dismissal of a petition for custody of a child. After years of litigation regarding the child's custody, the appellant putative father filed a petition for custody, alleging serious deficiencies in the mother's care of the child. The mother then questioned the putative father's paternity, and the parties entered into an agreed order to allow genetic paternity testing. The test showed that the appellant was not the father of the minor child. The appellant then filed a paternity petition. Based on the results of the DNA test, the juvenile court found that the appellant was not the biological father, dismissed his petition for custody, and terminated the appellant's right to visitation and other non-custodial parental rights. The appellant appeals. We affirm the finding that the appellant is not the biological father. We reverse the dismissal of his petition for custody, finding that the juvenile court retained jurisdiction over the child as a dependent and neglected child, and erred in failing to hear evidence on the appellant's allegations regarding the mother's care of the child. In addition, we reverse the remainder of the trial court's decision because the record does not indicate that the mother had requested termination of the appellant's visitation and other non-custodial parental rights.

http://www.tba2.org/tba_files/TCA/2008/polkc_072908.pdf


TODAY'S NEWS

Legal News
Passages
Disciplinary Actions
Upcoming
TBA Member Services

Legal News
Memphis DA says TV show breaks TSC rules
The police documentary "The First 48," has violated Tenn. Supreme Court rules by airing potential evidence and information on pending criminal cases, according to Memphis Dist. Atty. Gen. Bill Gibbons. The Memphis police department had a contract with the show, allowing producers access to details that typically are revealed in a courtroom.
More in the Commercial Appeal
Passages
Past TBA President Manire dies
A former president of the Tennessee, Memphis and Shelby County Bar Associations, James Manire passed away on Sunday at the age of 90. Manire began his law practice in 1948 with the firm of Burch, Porter and Johnson in Memphis. He was a member of the American College of Trial Lawyers, a lifetime member of the Sixth Circuit Judicial Conference, a professor of law at Memphis State, and served as city attorney. He also helped organize Lawyers Helping Lawyers in Memphis and Tennessee. He was president of the TBA from 1966-67.
See the full obituary in the Memphis Commercial Appeal
Retired U.S. District Judge Thomas Hull dies
Retired U.S. District Judge Thomas Hull of Greeneville, who spent 23 years on the federal bench, died today at 82. Before going on the bench, Hull had served as legal counsel to then-Gov. Lamar Alexander. Funeral services will be Friday afternoon at Asbury United Methodist Church in Greeneville with burial following.
Read more in the Knoxville News Sentinel
Disciplinary Actions
Knoxville lawyer reinstated
Aubrey Lewis Davis, a Knoxville attorney, was reinstated to the practice of law on July 15. Davis was temporarily suspended on March 31 for failing to comply with a Tennessee Lawyers Assistance Program agreement.
Read the BPR news release
Williamson County lawyer suspended
P. Robert Philp was suspended from practicing law for 30 days beginning July 10. He was also ordered to maintain malpractice insurance when he resumes his law practice. Philp had assumed representation of a medical malpractice action without having adequate experience or resources to competently prosecute the case. He failed to diligently prepare for the case and he made misrepresentations to the clients regarding the amount and payment of expenses. He must pay the costs of the disciplinary proceeding.
See the BPR news release
Upcoming
Knoxville Bar dinner to honor Supreme Court justices
The Knoxville Bar Association will pay tribute to the Justices of the Tennessee Supreme Court at its annual Supreme Court Dinner on Sept. 3 at the Knoxville Convention Center. The event provides an opportunity for the entire legal community to gather and recognize the service of the justices and show appreciation for their fairness, graciousness, eloquence and dedication. This year's program will also honor Chief Justice William M. Barker, who is retiring on Sept. 15 after 10 years of service on the court.
Find out more or make your reservation now
TBA Member Services
Avis benefits 'try harder'
TBA members are offered a rental car discount through Avis. Enroll in the Avis Preferred Service at www.avisawards.com to bypass the rental counter and go directly to your car for a faster, easier rental experience. Enter code AWD# A570100.


 
 
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About this publication: Today's News is a compilation of digests of news reports of interest to Tennessee lawyers compiled by TBA staff, links to digested press releases, and occasional stories about the TBA and other activities written by the TBA staff or members. Statements or opinions herein are those of the authors and do not necessarily reflect those of the Tennessee Bar Association, its officers, board or staff.

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