30-4-103.  Affidavit — Filing fees — Bond — Discharge. 

Whenever a decedent leaves a small estate, it may be administered in the following manner:

(1)  (A) After the expiration of forty-five (45) days from the date of decedent’s death, provided no petition for the appointment of a personal representative of the decedent has been filed in that period of time and decedent’s estate is a small estate within the meaning of this chapter, one (1) or more of decedent’s competent, adult legatees or devisees or personal representatives named in the decedent’s will, if a will was left, or heirs or next of kin, if no will was left, or in either a testate or intestate estate, any creditor proving that creditor’s debt on oath before the court, shall file with the clerk of the court an affidavit which shall set forth the following facts:

(i) Whether or not decedent left a will, and if so, the original shall be filed with the affidavit;

(ii) A list of unpaid debts left by decedent and the name and address of each creditor and the amount due that creditor;

(iii) An itemized description and the value of all of decedent’s property, the names and addresses of all persons known to have possession of any of decedent’s property, and a schedule of all insurance on decedent’s life payable to the decedent’s estate;

(iv) The name, age, address and relationship, if any, of each devisee, legatee or heir entitled to receive any of decedent’s property; and

(v) Whether or not the affiant elects to give notice to creditors in the manner required for regular administration, this election being authorized in the affiant’s discretion. If the election is made, all the provisions of §§ 30-2-306 — 30-2-321 shall apply.

(B) The form of the affidavit required by this section shall disclose that the affiant evidences by signature that, subject to the penalty for perjury, the affidavit is not false or misleading and that the affiant is mindful of all duties imposed upon the affiant by this chapter. No clerk or assistant shall be liable as a result of services rendered to the affiant in good faith in completing the affidavit based upon information furnished by the affiant.

(C) Upon the motion of one (1) or more of the decedent’s competent, adult legatees or devisees if a will was left, or the decedent’s heirs or next of kin if no will was left, or upon its own motion, the court may, in its discretion for good cause shown, reduce the forty-five day period required by subdivision (1)(A).

(D) A competent adult who is not a legatee or devisee or personal representative named in the decedent’s will, or an heir or next of kin of the deceased, may be appointed as the affiant for a small estate by the court, if all competent adult legatees or devisees or personal representatives named in the decedent’s will, if a will was left, or heirs or next of kin, if no will was left, consent in writing to the appointment of the competent adult as the affiant; provided, that any person who is appointed as an affiant pursuant to these provisions shall comply with all other provisions of this section, including the bond provisions contained in subdivision (5). The consent shall not be required of any personal representative who is named in the decedent’s will and who has renounced the appointment, in order for the court to appoint an affiant for a small estate.

(2) The court shall receive and file the original affidavit as a part of the court’s permanent records, shall assign it a number and shall index it as other estates are indexed. The clerk shall deliver to the affiant as many certified copies of the affidavit as are requested.

(3) The clerk shall send a certified copy of the affidavit to the commissioner of revenue.

(4) The clerk shall charge and receive such fees for processing a small estate as authorized and provided in § 8-21-401.

(5) The affiant shall make bond payable to the state for the benefit of those entitled with two (2) or more sufficient sureties or one (1) corporate surety. The amount of the bond shall equal the value of the decedent’s estate to be administered under this chapter. However, bond shall not be required if § 30-1-201 would not so require.

(6) The affiant and the sureties on the affiant’s bond may obtain discharge from liability under the bond in either of two (2) ways:

(A) If the affiant did not elect to give notice to creditors in the manner prescribed for regular administration, and if:

(i) No petition for appointment of an administrator; or

(ii) No petition for probate of the decedent’s will, if any, is filed;

the affiant and the sureties on the affiant’s bond shall be automatically discharged on the second anniversary of the filing of the affidavit; or

(B) The court may enter an order discharging the affiant and the sureties on the affiant’s bond after the affiant files:

(i) Either the tax receipt issued pursuant to § 67-8-420, or the certificate issued pursuant to § 67-8-409; and

(ii) An affidavit that each debt of the decedent is paid.

50-1-105.  Providing employee information to prospective employers — Good faith. 

Any employer that, upon request by a prospective employer or a current or former employee, provides truthful, fair and unbiased information about a current or former employee’s job performance is presumed to be acting in good faith and is granted a qualified immunity for the disclosure and the consequences of the disclosure. The presumption of good faith is rebuttable upon a showing by a preponderance of the evidence that the information disclosed was:

(1) Knowingly false;

(2) Deliberately misleading;

(3) Disclosed for a malicious purpose;

(4) Disclosed in reckless disregard for its falsity or defamatory nature; or

(5) Violative of the current or former employee’s civil rights pursuant to current employment discrimination laws.

McNulty & Associates, PLLC
Nashville Car Accident Attorneys
211 Printers Alley, Suite 400
Nashville, TN 37201
615-829-8250

55-8-101.  Chapter and part definitions.

As used in this chapter and chapter 10, parts 1-5, of this title, unless the context otherwise requires:

(1) ”All-terrain vehicle” means either:

(A) A motorized non-highway tire vehicle with no less than four (4) non-highway tires, but no more than six (6) non-highway tires, that is limited in engine displacement to one thousand cubic centimeters (1,000 cc) or less and in total dry weight to less than one thousand five hundred pounds (1,500 lbs.), and that has a seat or saddle designed to be straddled by the operator and handlebars for steering control;

(B) A motorized vehicle with not less than four (4) non-highway tires, nor more than six (6) non-highway tires, that is limited in engine displacement to one thousand cubic centimeters (1,000 cc) or less and in total dry weight up to two thousand pounds (2,000 lbs.) and that has a non-straddle seating and a steering wheel; or

(C) A motorized vehicle designed for or capable of cross-country travel on or immediately over land, water, snow, or other natural terrain and not intended for use on public roads traveling on two (2) wheels and having a seat or saddle designed to be straddled by the operator and handlebars for steering control;

(2) ”Arterial street” means any United States or state numbered route, controlled access highway, or other major radial or circumferential street or highway designed by local authorities within their respective jurisdictions as part of a major arterial system of streets or highways;

(3)  (A) ”Authorized emergency vehicle” means vehicles of the fire department, fire patrol, police vehicles or bicycles and emergency vehicles that are designated or authorized by the commissioner or the chief of police of an incorporated city, and vehicles operated by commissioned members of the Tennessee bureau of investigation when on official business;

(B) ”Authorized emergency vehicle in certain counties” means vehicles owned by regular or volunteer firefighters in any county with a population of not less than thirty-two thousand seven hundred fifty (32,750) nor more than thirty-two thousand eight hundred (32,800), according to the 1980 federal census or any subsequent federal census, when the vehicles are used in responding to a fire alarm or other emergency call;

(C)  (i) ”Authorized emergency vehicle” automatically includes every ambulance and emergency medical vehicle operated by any emergency medical service licensed by the department of health pursuant to title 68, chapter 140, part 3; and, notwithstanding the provisions of any law to the contrary, regulation of these ambulances and emergency medical vehicles shall be exclusively performed by the department of health, except as provided in § 68-140-326, and no special authorization, approval or filing shall be required pursuant to this chapter by the commissioner of safety;

(ii) ”Authorized emergency vehicle” automatically includes every rescue vehicle or emergency response vehicle owned and operated by a state-chartered rescue squad, emergency lifesaving crew or active member unit of the Tennessee Association of Rescue Squads and no special authorization, approval or filing shall be required for the vehicle pursuant to this chapter by the commissioner of safety;

(4) ”Autocycle” has the same meaning as defined in § 55-1-103;

(5) ”Bicycle” means every device propelled by human power upon which any person may ride, having two (2) tandem wheels, either of which is more than twenty inches (20”) in diameter;

(6) ”Bus” means every motor vehicle designed for carrying more than ten (10) passengers and used for the transportation of persons, and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation;

(7) ”Business district” means the territory contiguous to and including a highway when within any six hundred feet (600′) along the highway there are buildings in use for business or industrial purposes, including, but not limited to, hotels, banks, or office buildings, railroad stations and public buildings that occupy at least three hundred feet (300′) of frontage on one (1) side or three hundred feet (300′) collectively on both sides of the highway;

(8) ”Certified police cyclist” means any full time, sworn law enforcement officer who is certified by the International Police Mountain Bike Association or has otherwise been certified by the Tennessee peace officer standards and training commission as having received and successfully completed appropriate bicycle training in the performance of law enforcement functions;

(9) ”Chauffeur” means every person who is employed by another for the principal purpose of driving a motor vehicle and every person who drives a school bus transporting school children or any motor vehicle when in use for the transportation of persons or property for compensation;

(10) ”Commissioner” means the commissioner of safety;

(11) ”Controlled-access highway” means every highway, street or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same, except at such points only and in such manner as may be determined by the public authority having jurisdiction over the highway, street or roadway;

(12) ”Crosswalk” means:

(A) That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway; or

(B) Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface;

(13) ”Dealer” means every person engaged in the business of buying, selling or exchanging vehicles of a type required to be registered and who has an established place of business for that purpose in this state;

(14) ”Department” means the department of safety;

(15) ”Driver” means every person who drives or is in actual physical control of a vehicle;

(16) ”Essential parts” means all integral and body parts of a vehicle of a type required to be registered, the removal, alteration or substitution of which would tend to conceal the identity of the vehicle or substantially alter its appearance, model, type or mode of operation;

(17) ”Established place of business” means the place actually occupied either continuously or at regular periods by a dealer or manufacturer where the books and records are kept and a large share of the business is transacted;

(18) ”Explosives” means any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and that contains any oxidizing and combustive units or other ingredients in those proportions, quantities or packing that an ignition by fire, by friction, by concussion, by percussion or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb;

(19) ”Farm tractor” means every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines and other implements of husbandry;

(20) ”Flammable liquid” means any liquid that has a flash point of seventy degrees Fahrenheit (70 degrees F.), or less, as determined by a tagliabue or equivalent closed-cup test device;

(21) ”Foreign vehicle” means every vehicle of a type required to be registered brought into this state from another state, territory or country other than in the ordinary course of business by or through a manufacturer or dealer and not registered in this state;

(22) ”Golf cart” means a motor vehicle that is designed and manufactured for operation on a golf course for sporting or recreational purposes and equipped with safety belts installed for use in the left front and right front seats and that is not capable of exceeding speeds of twenty miles per hour (20 mph);

(23) ”Gross weight” means the weight of a vehicle without load plus the weight of any load thereon;

(24) ”Highway” means the entire width between the boundary lines of every way when any part thereto is open to the use of the public for purposes of vehicular travel;

(25) ”Implement of husbandry” means every vehicle that is designed for agricultural purposes and exclusively used by the owner thereof in the conduct of the owner’s agricultural operations;

(26) ”Intersection” means:

(A) The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two (2) highways that join one another at, or approximately at, right angles, or the areas within which vehicles traveling upon different highways joining at any other angle may come in conflict; or

(B) Where a highway includes two (2) roadways thirty feet (30′) or more apart, then every crossing of each roadway of that divided highway by an intersecting highway shall be regarded as a separate intersection. In the event the intersecting highway also includes two (2) roadways thirty feet (30′) or more apart, then every crossing of two (2) roadways of such highways shall be regarded as a separate intersection;

(27) ”Laned roadway” means a roadway which is divided into two (2) or more clearly marked lanes for vehicular traffic;

(28) ”License to operate a vehicle” means any operator’s or chauffeur’s license, or any other license or permit to operate a motor vehicle issued under the laws of this state including:

(A) Any temporary license or instruction permit;

(B) The privilege of any person to drive a motor vehicle whether or not that person holds a valid license; and

(C) Any nonresident’s operating privilege as defined in this section;

(29) ”Local authorities” means every county, municipal and other local board or body having authority to enact ordinances or make regulations relating to traffic under the constitution and laws of this state;

(30) ”Low speed vehicle” means any four-wheeled electric vehicle, excluding golf carts, whose top speed is greater than twenty miles per hour (20 mph) but not greater than twenty-five miles per hour (25 mph), including neighborhood vehicles. Low speed vehicles must comply with the safety standards in 49 CFR 571.500;

(31) ”Manufacturer” means every person engaged in the business of constructing or assembling vehicles of a type required to be registered at an established place of business in this state;

(32) ”Medium speed vehicle” means any four-wheeled electric or gasoline-powered vehicle, excluding golf carts, whose top speed is greater than thirty miles per hour (30 mph) but not more than thirty-five miles per hour (35 mph) and otherwise meets or exceeds the federal safety standards set forth in 49 CFR 571.500;

(33) ”Metal tire” means every tire the surface of which in contact with the highway is wholly or partly of metal or other hard, nonresilient material;

(34) ”Motor vehicle” means every vehicle, including a low speed vehicle or a medium-speed vehicle that is self-propelled, excluding motorized bicycles, and every vehicle, including a low speed vehicle or a medium speed vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails;

(35) ”Motorcycle” means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground, including a vehicle that is fully enclosed, has three (3) wheels in contact with the ground, weighs less than one thousand five hundred pounds (1,500 lbs.), and has the capacity to maintain posted highway speed limits, excluding a tractor or motorized bicycle;

(36) ”Motor-driven cycle” means every motorcycle, including every motor scooter, with a motor that produces not to exceed five (5) brake horsepower, or with a motor with a cylinder capacity not exceeding one hundred twenty-five cubic centimeters (125cc);

(37) ”Motorized bicycle” means a vehicle with two (2) or three (3) wheels, an automatic transmission, and a motor with a cylinder capacity not exceeding fifty cubic centimeters (50cc) which produces no more than two (2) brake horsepower and is capable of propelling the vehicle at a maximum design speed of no more than thirty miles per hour (30 mph) on level ground. The operator of a motorized bicycle must be in possession of a valid operator’s or chauffeur’s license, and shall be subject to all applicable and practical rules of the road. A motorized bicycle may not be operated on a highway of the interstate and defense highway system, any similar limited access multilane divided highway, or upon sidewalks;

(38) ”Official traffic-control devices” means all signs, signals, markings and devices not inconsistent with this chapter and chapter 10, parts 1-5 of this title placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning or guiding traffic;

(39) ”Operator” means every person, other than a chauffeur, who drives or is in actual physical control of a motor vehicle upon a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle;

(40) ”Owner” means a person who holds the legal title of a vehicle, or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof, with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then the conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this chapter and chapter 10, parts 1-5 of this title;

(41) ”Park,” when prohibited, means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading;

(42) ”Pedestrian” means any person afoot or using a motorized or non-motorized wheelchair;

(43) ”Person” means every natural person, firm, copartnership, association or corporation;

(44) ”Pneumatic tire” means every tire in which compressed air is designed to support the load;

(45) ”Pole trailer” means every vehicle without motive power designed to be driven by another vehicle and attached to the towing vehicle by means of a reach or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads, such as poles, pipes or structural members capable, generally, of sustaining themselves as beams between the supporting connections;

(46) ”Police officer” means every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations;

(47) ”Private road or driveway” means every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons;

(48) ”Railroad” means a carrier of persons or property upon cars, other than streetcars, operated upon stationary rails;

(49) ”Railroad sign or signal” means any sign, signal or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train;

(50) ”Railroad train” means a steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails, except streetcars;

(51) ”Residential district” means the territory contiguous to and including a highway not comprising a business district when the property on the highway for a distance of three hundred feet (300′) or more is in the main improved with residences;

(52) ”Right-of-way” means the privilege of the immediate use of the roadway;

(53) ”Road tractor” means every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of a vehicle or load so drawn;

(54) ”Roadway” means that portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two (2) or more separate roadways, “roadway” refers to any such roadway separately but not to all such roadways collectively;

(55) ”Safety zone” means the area or space officially set apart within a roadway for the exclusive use of pedestrians and that is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone;

(56) ”School bus” means every motor vehicle owned by a public or governmental agency and operated for the transportation of children to or from school or privately owned and operated for compensation for the transportation of children to or from school;

(57) ”Semitrailer” means every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle;

(58) ”Sidewalk” means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for use of pedestrians;

(59) ”Solid tire” means every tire of rubber or other resilient material which does not depend upon compressed air for the support of the load;

(60) ”Solid waste vehicle” means any vehicle engaged in the collecting and transporting of municipal solid waste as defined by § 68-211-802, or recyclable materials as defined by § 68-211-802;

(61) ”Special mobile equipment” means every vehicle not designed or used primarily for the transportation of persons or property and incidentally operated or moved over the highways, including farm tractors, road construction or maintenance machinery, ditch-digging apparatus, well-boring apparatus and concrete mixers. The foregoing enumeration shall be deemed partial and shall not operate to exclude other vehicles that are within the general terms of this subdivision (61);

(62) ”Specially constructed vehicle” means every vehicle of a type required to be registered not originally constructed under a distinctive name, make, model or type by a generally recognized manufacturer of vehicles and not materially altered from its original construction;

(63) ”Stop,” when required, means complete cessation from movement;

(64) ”Stop line” means a white line placed generally in conformance with the Manual on Uniform Traffic Control Devices (MUTCD), as adopted by the department of transportation, denoting the point where an intersection begins;

(65) ”Stopping” or “standing,” when prohibited, means any stopping or standing of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control sign or signal;

(66) ”Street” means the entire width between boundary lines of every way when any part thereof is open to the use of the public for purposes of vehicular travel;

(67) ”Streetcar” means a car other than a railroad train for transporting persons or property and operated upon rails principally within a municipality;

(68) ”Through highway” means every highway or portion of the highway at the entrance to which vehicular traffic from intersecting highways is required by law to stop before entering or crossing the same and when stop signs are erected as provided in this chapter. The department of transportation shall be authorized to designate through highways;

(69) ”Trackless trolley coach” means every motor vehicle that is propelled by electric power obtained from overhead trolley wires but not operated upon rails;

(70) ”Tractor” means any self-propelled vehicle designed or used as a traveling power plant or for drawing other vehicles, but having no provision for carrying loads independently;

(71) ”Traffic” means pedestrians, ridden or herded animals, vehicles, streetcars and other conveyances either singly or together while using any highway for purposes of travel;

(72) ”Traffic-control signal” means any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed;

(73) ”Trailer” means every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle;

(74) ”Truck” means every motor vehicle designed, used or maintained primarily for the transportation of property;

(75) ”Truck tractor” means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn;

(76) ”Urban district” means the territory contiguous to and including any street that is built up with structures devoted to business, industry or dwelling houses situated at intervals of less than one hundred feet (100′) for a distance of one-quarter (1/4) mile or more; and

(77) ”Vehicle” means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.

McNulty & Associates, PLLC
Nashville Attorneys
211 Printers Alley, Suite 400
Nashville, TN 37201
615-829-8250

36-4-106.  Contents of petition for divorce and legal separation. 

(a)  (1) The complaint for divorce shall set forth the grounds for the divorce in substantially the language of § 36-4-101 or § 36-4-102, and pray only for a divorce from the defendant, or for a divorce and such other and further relief to which the complainant may think to be entitled. In cases wherein an answer is filed, the court shall, on motion of the defendant, require the complainant to file a bill of particulars, setting forth the facts relied on as grounds for the divorce, with reasonable certainty as to time and place.

(2) The complaint for legal separation shall set forth the grounds for legal separation in substantially the language of § 36-4-101, and pray for such further relief to which the complainant is entitled. In all cases where an answer is filed, the court shall, on motion of the defendant, require the complainant to file a bill of particulars, stating the facts relied on as a ground for legal separation, with reasonable certainty as to time and place.

(b)  (1) The complainant shall also allege the full name of the husband, the full maiden name of the wife, their mailing addresses, dates and places of their birth, race or color of each spouse, number of previous marriages of each spouse, date and place of the marriage of the parties, the number of their children who are minors at the time of the filing of the complaint, and any other litigation concerning the custody of those children in this or any other state in which either party has participated, as specified in § 36-6-210 [repealed]. Further, at the time a complaint or pleading is filed under this part, the filing party shall, simultaneously with the initial complaint or pleading filed by that party, file with the clerk a separate document that contains the full names and social security numbers, current mailing addresses and dates of birth of the husband, the wife, and those of all children born of the marriage. The filing party shall provide to the clerk one (1) eight and one-half inch by eleven inch (81/2” x 11”) envelope labeled with the names of the parties, which shall be marked with the docket number. The clerk shall file stamp the document and the envelope, store the document in the envelope, which shall be sealed, and place the sealed envelope in the case file. The social security numbers and other information filed with the clerk shall be available to the clerk of court for processing of documents and legal actions such as, but not limited to, divorce certificates, garnishments, and income assignments. On request, the sealed information shall be made available to the department of human services and any other agency required by law to have access to the information, and to other persons or agencies as ordered by the court. It shall be mandatory that every complaint filed under this chapter shall contain the foregoing information or that such information is provided by the parties and is contained in the court’s records as described above prior to the entry of the final decree of divorce, unless it can be shown to the satisfaction of the court that such information could not be obtained by the complainant or petitioner by exercising due diligence or after the court has granted a reasonable time to amend the complaint. In lieu of a mailing address, either party may designate an agent for the service of process throughout the proceedings and, except as provided in subdivision (b)(2), the name and address of such agent shall be the only address used for the designating party in all petitions, pleadings, motions and orders relating to such divorce action.

(2) If the complainant or the defendant shows to the satisfaction of the court in which the petition is filed that the residential address of the other party is relevant and necessary in order to prove the allegations contained in the complaint or to ascertain information necessary to determine value and/or ownership of property, or to ascertain other data necessary to evaluate and agree upon a property division or custody or defend against such allegations, the court may order either party to reveal such residential address to the other party.

(3) If the complainant elects to designate an agent for service of process in lieu of the mailing address as authorized by this subsection (b) but does not designate a specific person, the complainant’s attorney shall be deemed the complainant’s agent for service of process.

(c) Notwithstanding any other provision of the law to the contrary, the plaintiff or other party shall not be required in those counties having a divorce proctor to file an affidavit swearing that the defendant is not in the military service where:

(1) The complaint states facts that would make the defendant ineligible for military service; or

(2) The residence address of the defendant is set forth in the complaint, and:

(A) The defendant has been personally served with service of process, or has been mailed a copy of the complaint by a divorce proctor;

(B) The defendant has actual notice of the commencement of the suit;

(C) Proof of mailing to the defendant of notice of the suit is exhibited to the court; or

(D) The defendant is represented by an attorney.

(d) Upon the filing of a petition for divorce or legal separation, and upon personal service of the complaint and summons on the respondent or upon waiver and acceptance of service by the respondent, the following temporary injunctions shall be in effect against both parties until the final decree of divorce or order of legal separation is entered, the petition is dismissed, the parties reach agreement, or until the court modifies or dissolves the injunction, written notice of which shall be served with the complaint:

(1)  (A) An injunction restraining and enjoining both parties from transferring, assigning, borrowing against, concealing or in any way dissipating or disposing, without the consent of the other party or an order of the court, of any marital property. Nothing herein is intended to preclude either of the parties from seeking broader injunctive relief from the court.

(B) Expenditures from current income to maintain the marital standard of living and the usual and ordinary costs of operating a business are not restricted by this injunction. Each party shall maintain records of all expenditures, copies of which shall be available to the other party upon request.

(2) An injunction restraining and enjoining both parties from voluntarily canceling, modifying, terminating, assigning, or allowing to lapse for nonpayment of premiums, any insurance policy, including, but not limited to, life, health, disability, homeowners, renters, and automobile, where such insurance policy provides coverage to either of the parties or the children, or that names either of the parties or the children as beneficiaries without the consent of the other party or an order of the court. “Modifying” includes any change in beneficiary status.

(3) An injunction restraining both parties from harassing, threatening, assaulting or abusing the other and from making disparaging remarks about the other to or in the presence of any children of the parties or to either party’s employer.

(4) An injunction restraining and enjoining both parties from hiding, destroying or spoiling, in whole or in part, any evidence electronically stored or on computer hard drives or other memory storage devices.

(5) An injunction restraining both parties from relocating any children of the parties outside the state of Tennessee, or more than one hundred (100) miles from the marital home, without the permission of the other party or an order of the court, except in the case of a removal based upon a well-founded fear of physical abuse against either the fleeing parent or the child. In such cases, upon request of the nonrelocating parent, the court will conduct an expedited hearing, by phone conference if appropriate, to determine the reasonableness of the relocation and to make such other orders as appropriate.

(6) The provisions of these injunctions shall be attached to the summons and the complaint and shall be served with the complaint. The injunctions shall become an order of the court upon fulfillment of the requirements of this subsection (d). However, nothing in this subsection (d) shall preclude either party from applying to the court for further temporary orders, an expanded temporary injunction, or modification or revocation of this temporary injunction.

(7) The temporary injunctions provided in this section shall only apply to the spousal parties named in the petition and shall not apply to any third party named in the petition; provided, however, that nothing in this subsection (d) shall preclude any party from applying to the court for an order of injunctive or extraordinary relief against any other party named in any petition as provided by law or rule.

T.C.A. 48-249-601.  Dissolution. 

(a) Events causing dissolution. An LLC is dissolved upon the first to occur of the following:

(1) If a period is fixed in the articles for the duration of the LLC, upon the expiration of that period, but if no such period is set forth in the articles, then the LLC shall have a perpetual existence;

(2) The occurrence of an event specified in the LLC documents;

(3) An action of the members in accordance with § 48-249-603;

(4) An action of the organizers under § 48-249-602;

(5) An order of a court under § 48-249-616 or 48-249-617;

(6) An action of the secretary of state under § 48-249-605; or

(7) At any time there are no members if:

(A) The LLC files a notice of dissolution as provided in § 48-249-609, within ninety (90) days after the occurrence of the event that terminated the membership interest of the last remaining member, which notice of dissolution may be signed on behalf of the LLC by the personal representative of the last remaining member; and

(B) The LLC documents specify that the termination of the membership interest of the last remaining member dissolves the LLC; provided, that if such notice of dissolution is not filed or the LLC documents do not provide for dissolution in that event, the LLC is not dissolved and is not required to be wound up and the personal representative of the last remaining member is automatically substituted as a member for the last remaining member, effective as of the occurrence of the event that terminated the membership interest of the last remaining member. Notwithstanding this subdivision (a)(7)(B), the LLC documents may specify that any person may be substituted as a member for the last remaining member, effective as of the date of the event that causes the termination of membership interest of the last remaining member.

(b) Events not causing dissolution. The termination, dissociation, death, incapacity, withdrawal, retirement, resignation, expulsion, bankruptcy or dissolution of any member, or the occurrence of any other event that terminates the membership interest of any member, shall not cause the LLC to be dissolved or its affairs to be wound up, and upon the occurrence of any such event, the LLC shall be continued without dissolution.

(c) Effect of dissolution. An LLC dissolved by any of the dissolution events specified in subsection (a) shall be wound up, and its existence shall be terminated as provided in this part.

Many times we are contacted because of potential litigation over a contract, whether it is an employment contract, service contract, or sales contract. Once the contract is signed, it is very difficult to go back and overturn the agreement. If you are entering into a contract that could cost you thousands of dollars if there is a breach, doesn’t it make sense to spend a little money on the front end to have the contract reviewed by an attorney?

At McNulty & Assocaites, PLLC, we have positioned ourselves to be able to offer low rates to small businesses that retain our firm in an ongoing manner. Contract review is one of the main areas we are needed on a regular basis. Whether is is drafting a contract to protect the business, or reviewing a contract from a third party, we can provide you with the legal guidance you need. The attorneys at McNulty & Associates, PLLC also review other areas of your business that may help avoid litigation.

Contact Luke D. Bottorff today to set up a free business consultation and discuss our business review and in-house counsel options for your company. We look forward to hearing from you.

McNulty & Associates, PLLC
211 Printers Alley
Suite 400
Nashville, TN 37201
615-829-8250

Click for the report by the State of Tennessee:  dailyfatality2012

We encourage everyone to stay safe while on the highways and roads in Tennessee. The report does not have statistics regarding texting, but distracted driving is an issue. Encourage your friends and family to not text and drive, and refrain from doing other things that distract from driving such as reading the paper or putting on makeup. We see these actions on a daily basis as we drive into downtown Nashville.

If you or someone you know has been hurt in an accident caused by a distracted driver, you should contact a Nashville car accident lawyer.

McNulty & Associates, PLLC
Nashville Car Accident Lawyers
211 Printers Alley, Suite 400
Nashville, TN 37201
615.829.8250
info@mcnultytn.com

Pursuant to SJR461, the 108th General Assembly of the State of Tennessee adjourned on April 19, 2013,
and will convene at 12:00 noon (CST) on Tuesday, January 14, 2014.

Read the complete bill here: SB0555

Bill Summary

This bill makes various changes throughout present law regarding court appointed guardians and conservators, including the following:

(1) Replaces the term “disabled person” with the term “person with a disability” throughout such law;
(2) This bill details a non-exhaustive list of powers and rights that a court may transfer from a person with a disability to a conservator;
(3) This bill clarifies that a guardian ad litem would not represent the minor or person with a disability that is the subject of conservatorship proceedings (the respondent), but would investigate the allegations made against the respondent in accordance with present law. Present law requires the guardian ad litem to report the facts to the court, and this bill additionally requires the guardian ad litem to report the guardian ad litem’s recommendations as to the best interests of the respondent to the court as well as to report on any other matters as directed by the court;
(4) Present law requires the guardian ad litem to investigate the physical and mental capabilities of the respondent. This bill requires that such investigation include:
(A) An in person interview with the respondent; and
(B) A review of the sworn report made by a physician, psychologist or senior psychological examiner under present law to verify that the sworn statement contains:
(i) A detailed description of the respondent’s physical or mental conditions or both that may render the respondent a person with a disability; and
(ii) A detailed description of how the respondent’s physical or mental conditions or both may impair the respondent’s ability to function normally;
(5) This bill specifies that the sworn report made by a physician, psychologist or senior psychological examiner in conservatorship proceedings would be prima facie evidence of the respondent’s disability and need for the appointment of a fiduciary unless the report is contested and found to be in error;
(6) Under present law, in a proceeding seeking the appointment of a fiduciary to manage the respondent’s property, the guardian ad litem must investigate the nature and extent of the respondent’s property, the financial capabilities of the proposed fiduciary, and proposed property management plan. This bill removes the requirement that the guardian ad litem investigate the proposed property management plan and requires that the guardian ad litem investigate the integrity of the proposed fiduciary. Additionally, this bill authorizes the guardian ad litem, in evaluating the financial capabilities of the proposed fiduciary, to take such actions as directed by the court and as the guardian ad litem deems necessary and details examples of such actions;
(7) This bill requires that letters of conservatorship or guardianship, which are used under present law to administer the estate of a minor or person with a disability, either:
(A) Recite the specific powers to be exercised by the fiduciary and the specific powers retained by the minor or person with a disability; or
(B) Have attached to them the orders of the court specifying the powers to be exercised by the fiduciary and the powers retained by the minor or person with a disability;
(8) Under present law, in a proceeding for the appointment of a conservator, a notice of the hearing must be served on the respondent. This bill specifies that such notice would be served by the guardian ad litem or as otherwise authorized by the Tennessee Rules of Civil Procedure. This bill requires that such notice also be served upon the closest relative or relatives of the respondent other than the petitioner and upon the person or institution, if any, having care and custody of the respondent or with whom the respondent is living. Service by mail, sent to the last known address of such persons or institution, would be sufficient;
(9) Generally, under present law, a fiduciary appointed in a guardianship or conservatorship proceeding must make an annual accounting to the court within 60 days after the anniversary of the fiduciary’s appointment and such accounting must include a financial accounting and a statement concerning the physical or mental condition of the disabled person. This accounting may be excused by the court in certain circumstances. This bill specifies that in such circumstances, the court may only excuse the financial accounting and may not excuse the statement concerning the physical or mental condition of the disabled person. This bill also clarifies that the present law requirements regarding financial accountings do not apply to fiduciaries who do not have authority over the property of the person with a disability. This bill also requires that an accounting be made within 30 days after the six-month anniversary of the fiduciary’s appointment;
(10) (A) Under present law, if a fiduciary is appointed, the costs of the proceedings, which are the court costs, the guardian ad litem fee, the required medical examination costs and the attorney’s fee for the petitioner, may, in the court’s discretion, be charged against the property of the respondent to the extent the respondent’s property exceeds the supplemental security income eligibility limit. If no fiduciary is appointed, the costs of the proceedings must be charged against the petitioner. If a petition for a standby fiduciary is filed, the costs of the action must be charged against the petitioner.
(B) This bill rewrites the provisions in (10)(A) to instead specify that the costs of the proceedings, described above, may, in the court’s discretion, be charged against the property of the respondent to the extent the respondent’s property exceeds the supplemental security income eligibility limit, or to the petitioner or any other party, or partially to any one or more of them as determined in the court’s discretion. In exercising its discretion to charge some or all of the costs against the respondent’s property, the fact a conservator is appointed or would have been appointed but for an event beyond the petitioner’s control is to be given special consideration. If the principal purpose for bringing the petition is to benefit the petitioner and there would otherwise be little, if any, need for the appointment of a fiduciary, the costs of the proceedings may be assessed against the petitioner, in the discretion of the court;
(11) This bill specifies that a petition for the appointment of a conservator should include a request for a guardian ad litem, conservator or co-conservator, or attorney ad litem with specific experience or expertise in matters like those faced by the respondent, if warranted under the circumstances;
(12) Present law grants the respondent in a conservatorship proceeding the right to appeal the final decision on the petition. This bill specifies that such appeal may be made with the assistance of an attorney ad litem or adversary counsel. This bill also grants the respondent the right to request a protective order placing under seal the respondent’s health and financial information, including sworn reports made by a physician, psychologist or senior psychological examiner;
(13) Under present law, a disabled person or any interested person on the disabled person’s behalf may petition the court at any time for an order to terminate or modify the conservatorship. This bill authorizes the court, prior to holding a hearing on such petition, to require that the person with a disability submit to an examination made by a physician, psychologist or senior psychological examiner to support the person with a disability’s contention that a conservator is no longer needed;
(14) Under present law, a sentence of imprisonment in the penitentiary ends any right of the inmate to execute the office of executor, administrator or guardian, and operates as a removal from any such office. This bill specifies that such a sentence would also end any right of the inmate to execute the office of fiduciary or conservator, and operate as a removal from any such office; and
(15) This bill provides for the appointment of an emergency guardian or conservator in certain circumstances. This bill specifies that if the court finds that compliance with the procedures of law regarding guardianships and conservatorships will likely result in substantial harm to the respondent’s health, safety, or welfare, and that no other person appears to have authority to act, willingness to act, and is acting in the best interests of the respondent in the circumstances, then the court, on petition by a person interested in the respondent’s welfare, may appoint an emergency guardian or conservator whose authority may not exceed 60 days and who may exercise only the powers specified in the order. Immediately upon receipt of such a petition, the court must appoint an attorney ad litem to represent the respondent in the proceeding. Reasonable notice of the time and place of a hearing on the petition must be given to the respondent and any other person as the court directs, except that an emergency guardian or conservator may be appointed without notice to the respondent and the attorney ad litem if the court finds upon a sworn petition that the respondent will be substantially harmed before a hearing on the appointment can be held. If the court appoints an emergency guardian or conservator without notice to the respondent, the respondent must be give notice of the appointment within 48 hours after the appointment. The court must hold a hearing on the appropriateness of the appointment within five days after the appointment. Appointment of an emergency guardian or conservator, with or without notice, is not a determination of the respondent’s incapacity. The court may remove an emergency guardian or conservator at any time. The court may appoint a guardian ad litem to investigate the circumstances. An emergency guardian or conservator must make any report the court requires. In other respects, the provisions of law concerning guardians or conservators apply to an emergency guardian or conservator.

NOTE: The language of Section 27(e) appears to be an incomplete sentence.

ON MARCH 25, 2013, THE SENATE ADOPTED AMENDMENTS #1 AND #2 AND PASSED SENATE BILL 555, AS AMENDED.

AMENDMENT #1 corrects typographical errors and makes various technical changes and additions to this bill as follows:

(1) This amendment specifies that the law concerning guardianships and conservatorships will not supersede the Tennessee Adult Protection Act;
(2) This amendment requires that notice of a petition for the appointment of a fiduciary residential provider notice must be provided to any institution where the respondent resides;
(3) This amendment specifies that courts are authorized to waive the appointment of a guardian ad litem on filing of a petition for appointment of a fiduciary, if the respondent is represented by counsel who has made an appearance for the respondent, if such waiver is in the best interests of the respondent;
(4) This amendment requires that, in a proceeding for the appointment of a conservator, a notice of the hearing must be served on any person, institution or residential provider having care or custody of the respondent, as well as serving a notice on the respondent;
(5) Corrects the error noted in the Bill Summary by specifying that, upon an additional finding that the person with a disability poses a threat to self or others in accordance with the mental health law, the court will be authorized to order commitment or involuntary care and treatment;
(6) This amendment makes further changes to replace the use of the term “disabled person” with the term “person with a disability”;
(7) This amendment places district public guardians at a higher level of priority than persons who are unrelated to a person having a disability for purposes of determining who should be appointed as a conservator; and
(8) When a court does not appoint a relative of a person with a disability, or a district public guardian, as the conservator, this amendment requires the court to state the reasons why such an appointment could not be made in the court’s order establishing the conservatorship.

AMENDMENT #2 requires that the notice of a petition on a guardianship or conservatorship be served upon the closest relative or relatives of the respondent, as such persons are described in the laws of intestate succession, but not including the petitioner, and upon the person or institution, if any, having care and custody of the respondent or with whom the respondent is living.

ON APRIL 17, 2013, THE HOUSE SUBSTITUTED SENATE BILL 555 FOR HOUSE BILL 692, ADOPTED AMENDMENTS #2 AND 3, AND RESET SENATE BILL 555, AS AMENDED.

AMENDMENT #2 specifies that the bill will apply to actions commenced on or after July 1, 2013.

AMENDMENT #3 specifies that if the respondent is under hospitalization and no other person, including an agent acting under an advanced directive, a durable power of attorney, or a living will appears to have the authority and willingness to act and is acting in the best interest of the respondent, then the court, on petition of a person interested in the respondent’s welfare, may appoint an expedited limited healthcare fiduciary. The fiduciary’s authority is for the limited purpose of consenting to discharge, transfer, and admission and consenting to any financial arrangements or medical care necessary to affect such discharge, transfer or admission to another healthcare facility. The fiduciary’s authority may not exceed 60 days. Immediately upon the receipt of the petition for an expedited limited healthcare fiduciary, the court would appoint an attorney ad litem to represent the respondent in the proceeding. The court would hold a hearing on the appropriateness of the appointment within five days of the appointment. The time periods set forth in this amendment are mandatory and not directory. Failure to comply with those provisions would void any expedited appointment and remove the authority previously granted to the expedited limited healthcare fiduciary. The court may remove an expedited limited healthcare fiduciary at any time.

This amendment specifies that this bill would apply to actions commenced on or after the bill’s effective date.

ON APRIL 18, 2013, THE HOUSE FURTHER CONSIDERED SENATE BILL 555 AND PASSED SENATE BILL 555, AS AMENDED BY HOUSE AMENDMENTS #2 AND 3.

Read the Knox News article above for an update on the case against former Judge Baumgartner. Read our post from December 2011 on how new trials were granted in a highly publicized kidnapping and murder case because of the Judge’s admission to a drug addiction.