SUPREME COURT OPINIONS

Citicorp Mortgage, Inc. v. John P. Roberts
02S01-9712-CH-00109
Authoring Judge: Justice Frank W. Drowota, III
Trial Court Judge: Chancellor Neal Small

In this legal malpractice action, the defendant, John P. Roberts, appeals from the Court of Appeals’ reversal of summary judgment entered by the trial court in his favor based on the expiration of the statute of limitations. The issue for our determination is whether the present action is barred by the one-year statute of limitations applicable to legal malpractice actions, Tenn. Code Ann. § 28-3-104.1 After carefully examining the record before us and considering the relevant authorities, we conclude that the instant suit is time-barred. Accordingly, for the reasons explained hereafter, the decision of the Court of Appeals to reverse the trial court’s grant of summary judgment to the defendant is reversed.

Shelby Supreme Court

State vs. Dennis Keith and Timothy Collins
02S01-9604-CC-00035

Supreme Court

Ruff vs. State
03S01-9711-CC-00140

Blount Supreme Court

State vs. Clarence C. Nesbit
02S01-9705-CR-00043

Shelby Supreme Court

State vs. Dennis Keith and Timothy Collins
02S01-9604-CC-00035

Madison Supreme Court

State vs. Clarence C. Nesbit
02S01-9705-CR-00043
Trial Court Judge: Arthur T. Bennett

Shelby Supreme Court

State vs. Quintero and Hall
01S01-9703-CC-00068
Trial Court Judge: Allen W. Wallace

Humphreys Supreme Court

Alexander, et. al. vs. Inman
01S01-9705-CH-00103

Davidson Supreme Court

X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX

Supreme Court

Frances Blanchard vs. Arlene Kellum, D.D.S.
02S01-9709-CV-00083

Supreme Court

State vs. Williams
03S01-9706-CR-00060

Hamilton Supreme Court

03S01-9706-CR-00068
03S01-9706-CR-00068

Supreme Court

State vs. Quintero and Hall
01S01-9703-CC-00068

Humphreys Supreme Court

State vs. Quintero and Hall
01S01-9703-CC-00068

Humphreys Supreme Court

General Electric Co. vs. Process Control Co.
01S01-9707-FD-00148

Supreme Court

Dennis Dykes vs. Billy Compton, Warden
02S01-9711-CC-00105

Lake Supreme Court

State vs. Dewayne Butler, Fredrick D. Butler, and Eric D. Alexander
02S01-9711-CR-00094
Trial Court Judge: Joseph B. Dailey

Shelby Supreme Court

Ann C. Short v. Charles E. Ferrell in his official capacity as the Administrative Director of the Courts
01S01-9704-OT-00078
Authoring Judge: Justice Janice M. Holder

This cause comes to us on a common law writ of certiorari to review a fee dispute in a post-conviction proceeding involving an indigent defendant, David McNish. The issue is whether an attorney appointed to review the records in a post-conviction proceeding may exceed the maximum allowable rates for attorneys representing indigent defendants. We hold that: (1) Tenn. Sup. Ct. R. 13 (1996) required an attorney performing services as an "expert" to obtain prior approval for an hourly rate in excess of the hourly rate provided for attorneys in Rule 13; and (2) the trial court should have explicitly set forth the approved "expert" hourly rate in its order if such rate was intended to exceed the normal hourly rate provided for attorneys in Rule 13.

Davidson Supreme Court

Herbert S. Moncier v. Charles E. Ferrell, in his capacity as the Administrave Director of the Courts
01S01-9704-OT-00079
Authoring Judge: Justice Janice M. Holder

The defendant, Thomas Dee Huskey, has been charged on four counts of murder, eleven counts of rape, fourteen counts of kidnapping and three counts of robbery. The State filed notice of intention to seek the death penalty. In November of 1992, the petitioner, Herbert S. Moncier, and a second attorney were appointed pursuant to Tenn. R. Evid. 13 to represent Huskey. Tennessee Rules of the Supreme Court, Rule 13 § 1 permits appointment of two attorneys for one defendant in capital cases. The petitioner sought additional reimbursement in the trial court for two additional attorneys, for paralegals and for various other expenses. The trial judge entered an order granting reimbursement for two additional attorneys not to exceed $ 10,000.00 and for paralegals at $ 15 per hour not to exceed $ 5,000.00. The order was entered nunc pro tunc to the date of the petitioner's appointment.

Supreme Court

Danny Ray Harrell v. The Minnesota Mutual Life Insurance Company
03S01-9508-CH-00098
Authoring Judge: Justice E. Riley Anderson
Trial Court Judge: Chancellor H. David Cate

We granted this appeal to determine whether we should retain "the Distretti Rule1" adopted by this Court sixty-seven years ago. The rule provides that before a death will be considered accidental under the terms of an insurance contract, the means, as well as the result, must be involuntary, unexpected, and unusual.

Knox Supreme Court

City of Fulton vs. Hickman-Fulton
01S01-9710-FD-00215

Weakley Supreme Court

X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
Trial Court Judge: Wyeth Chandler

Supreme Court

Barbara White vs. William H. Lawrence, M.D.
02S01-9701-CV-00007

Supreme Court

Memphis Publishing Co. vs. TN. Petroleum Underground
01S01-9710-CH-00232

Supreme Court

In Re Billy Wayne Williams
01S01-9805-CJ-00096

Lauderdale Supreme Court