Workers' Compensation Opinions
In Re: Estate of George C. Vincent E2001-03035-SC-R11-CV In this will construction case, we address the question of whether or not the doctrine of exoneration applies to a mortgage on real property passing by right of survivorship where the decedent's will directed that his personal representative pay all his "just debts." We find that the general direction to pay "just debts" is not sufficient to require that the estate pay the remaining balance on the mortgage of non-probate property. Furthermore, additional language in the will regarding the payment of installment debts is not sufficient to indicate that the testator intended to include mortgages of non-probate property where the testator's will specified only one beneficiary and did not mention either the property held by joint tenancy or the joint tenant. Authoring Judge: Justice Frank F. Drowota, IIIOriginating Judge: Billy Joe White |
Campbell County | Supreme Court | 01/22/93 | |||
Robert L. Delaney v. Brook Thompson, et al. 01S01-9808-CH-00144 This Court has been appointed by the Governor to decide the case of Delaney v. Thompson, et al., in which the plaintiff challenges the constitutionality of the uniquely statutory merit selection system for appellate judges called the Tennessee Plan. Rather than contend with the constitutional issues, the majority, deciding this case by statutory construction, utilizes a construction which reflects neither the meaning of the statute nor the positions of the parties. In doing so, the majority opinion neither clarifies issues of importance to the electorate and judiciary, nor discourages future litigation on the same issues. Originating Judge: Chancellor Ellen Hobbs Lyle |
Supreme Court | |||||
April Wallace, Vickie Guinn, et al., v. National Bank of Commerce, et al. 02S01-9509-CV-00074 This case presents for review the decision of the Court of Appeals affirming the trial court's award of summary judgment for the defendants. The trial court found that the Originating Judge: Judge James M. Tharpe |
Shelby County | Supreme Court | ||||
State of Tennessee v. Gussie Willis Vann - Dissenting 03S01-9706-CR-00068 I agree with the majority’s resolution of every issue in this case but one: the effect of the trial court’s failure to instruct the jury on second-degree murder. The majority concludes that the trial court’s failure to instruct the jury on the offense of second-degree murder is not error because the evidence in the record does not support that offense. Because I find the evidence can indeed support a conviction of seconddegree murder, I respectfully dissent. Originating Judge: Judge R. Steven Bebb |
McMinn County | Supreme Court | ||||
Deborah Lorraine Brooks v. Rickey Lamar Brooks - Dissenting 03S01-9804-CV-00034 It is apparent that this Court has based its finding that Mr. Brooks is willfully and voluntarily underemployed simply on the fact that he, at one time, was more lucratively employed. Simply because a parent is not as lucratively employed as during the marriage, or for a time thereafter, no automatic inference that he or she is willfully and voluntarily underemployed should be drawn. We must remain cognizant of a parent’s right as a citizen to the pursuit of happiness and to the freedom to make reasonable employment decisions, while at the same time heeding the duty to support. Originating Judge: Judge Earle G. Murphy |
Knox County | Supreme Court | ||||
Dorothy Owens, as Conservator of Mary Francis King, et al. v. National Health Corporation, et al. M2005-01272-SC-R11-CV Authoring Judge: Justice Janice M. HolderOriginating Judge: Robert E. Corlew, III |
Rutherford County | Supreme Court | ||||
John Doe v. Jane Doe M2003-01142-SC-S25-BP The petitioner, an attorney identified as John Doe, filed a petition for contempt alleging violations by the respondent, an attorney identified as Jane Doe, of the confidentiality requirement of Rule 9, section 25 of the Rules of the Tennessee Supreme Court. The Court directed the parties to address as a threshold matter the constitutionality of Rule 9, section 25. After considering the arguments of the parties, the Attorney General and amicus curiae, and analyzing the applicable law, we hold that section 25 of Rule 9 violates free speech protections of Article I, section 19 of the Tennessee Constitution and the First Amendment to the United States Constitution. We further conclude that sanctions for criminal contempt are not appropriate under the circumstances of this case. Accordingly, the petition for contempt is denied. Originating Judge: |
Jackson County | Supreme Court | ||||
State of Tennessee v. John R. Farner, Jr. E1999-00491-SC-R11-CD The State of Tennessee has filed a petition to rehear asking this Court to reconsider certain Originating Judge: Judge R. Jerry Beck |
Sullivan County | Supreme Court | ||||
M2001-01866-CCA-R3-DD Authoring Judge: Originating Judge: |
Supreme Court | |||||
01C01-9606-CR-00230 Authoring Judge: Originating Judge: |
Supreme Court |