News - Friday, June 29, 2012

On June 21, dozens of friends and supporters of Legal Aid of East Tennessee joined to celebrate the achievements of a law firm, a philanthropist, a hospital and an attorney at the 2012 Pro Bono Night at Bessie Smith Hall.

The words on the lips of nearly every speaker were “equal access to justice,” a phrase which in Tennessee has come to signify the considerable efforts of legal professionals across the state to ensure every citizen who needs legal counsel or representation receives it, regardless of his or her ability to pay for the service. Co-hosted by LAET, the Pro Bono Committee and the Young Lawyers Division of the Chattanooga Bar Association, the evening featured a silent auction, an awards ceremony, catered food and drinks and live music.

Tennessee Governor Bill Haslam and Tennessee Department of Transportation Commissioner John Schroer on Monday announced a grant to link the Downtown Riverwalk to the bike route on South Broad Street and the Lookout Mountain trail system. The $2,304,000 transportation enhancement grant to the city of Chattanooga and Hamilton County is for Phase III of the Downtown Riverwalk Project.

Saturday, June 30

Scott L. Probasco, board chairman of the American National Bank & Trust Co., who died last Monday, left seven bequests to religious, charitable and educational institutions.

Beneficiaries included First Presbyterian Church, Baylor School, Salvation Army, First Cumberland Presbyterian Church, Bethel Bible School, East Fifth Street Day Care Center and Colored Women’s Home Association of Chattanooga, Inc. The bulk of his estate was willed to his family.

June 30

Live music and fireworks at Liberty Fest

Celebrate the 4th of July a few days in advance with food, crafts, entertainment and fireworks. Entertainment headliners include Cody McCarver, Joyscout, Roger Alan Wade, Davey Smith, Nathan Farrow, Chris McDaniel and the Stratoblasters. Bring lawn chairs and blankets, and wear cool, comfortable clothes. Location: 1517 Tombras Avenue in East Ridge.

It’s called chemistry, an elusive quality that can be part history, part mystery and all intangible until the moment you feel it. It’s a meant-to-be melding of the emotional and creative that can happen between songwriters, performers, best friends or life partners. For Josh and Nicole Johnson – the duo Elenowen – that connection is all of the above and more. And on their self-titled EP, the chemistry they share is as rare – and real – as it gets.

As attorneys, we are taught to evaluate situations, arguments and positions from every angle. You would think that would cause us to avoid politics like the plague. However, as most Americans realize, the exact opposite is true. Lawyers are drawn to the political arena like policemen to a doughnut shop. This is even true of the so-called Tea Party movement. All across America, this somewhat contradictory, hard to describe, movement continues to attract the interest and participation of the Juris Doctorate.

We walked outside Monday at 11:30 in the morning, from the office on our way to knock out a few errands, but mainly to knock out some lunch. One of those errands was so Kyle (see Moot Points on page 29) could drop off some silent auction items at the Arkansas Press Association office.

About four years ago, while living in rural Madison County, Ark., I wrote about coming home late one evening and seeing something running across my land. I don’t know what it was. Still don’t. But I know what it wasn’t.

Coyotes were a dime a dozen there, and I’d probably seen tens of dollars worth of them. It was not a coyote. I have come across a few bobcats, too, and this was much too large for a bobcat. Besides, I’m pretty sure whatever it was had a long tail.

Beach Community Bank v. Edward A. Labry, III, et al.

Case Number: W2011-01583-COA-R3-CV

Authoring Judge: Judge J. Steven Stafford

Originating Judge: Judge Kay Spalding Robilio

Date Filed: Friday, June 15, 2012

This case involves personal guaranties on a loan to purchase real estate. The Appellants entered into a partnership for the purpose of buying and selling real estate. The partnership obtained a loan in the amount of $2,611,000.00 to purchase real property located in Florida. The Appellants each signed a personal guaranty on the loan in favor of the Appellee bank. By the express terms of the guaranties, the Appellants guaranteed “up to a principle amount of $795,600.00.” The partnership defaulted on the loan and the bank sued to enforce the guaranties. The Appellants answered that the guaranties were joint and several and that, because they were only 30 percent owners of the partnership, they could only be liable for 30 percent of the amount of the defaulted loan. In addition, the Appellants argued that the bank  breached the covenant of good faith in failing to foreclose on the subject property.

It’s that time once again when all the stores are filled with patriotic supplies, making red, white and blue the colors of choice for the next couple of weeks. As we prepare to celebrate the 236th birthday of this country, everyone is making plans to have their own birthday bash in their own special way. As we rapidly approach another 4th of July celebration, as well as another election year, I can’t help but wonder what our founding fathers would have thought about our current method of getting to know our candidates for some of the most important offices in government.

Here’s the scenario: My stepson was running out the door for a 12-hour shift, my wife had massaged seven clients at the chiropractic clinic where she works and I was coming home late from the office and still had a pile of work to do. No one had the time or energy to cook. In this day and age, you’ve likely been there, too.

As I write this, my oldest son is attending orientation at the University of Arkansas. The fact that he is less than two months from college has put a much greater strain on me than his graduation seemed to. In truth, it might all be part of the same, and the emotional stress of this particular milestone is simply piling upon what I have felt since his graduation along with the constant reminders that he is getting ready to move away.

In “Collision,” the eighth episode of “Lost’s” second season, Locke’s in the Hatch working a crossword. He’s focused on the clue for 42-Down: “Enkidu’s friend.” Nearby clues are discernible: 36D: “Macbeth place,” 37D: “Belgian port”, 38D: “Robbed.” In the two grid blanks remaining, Locke fills in A and E to spell GILGAMESH.

Arkansas, the Natural State. Home of the Hogs, rice and cotton. Maybe there are a few questions in the quiz below you might not know. Give it a try…

1. What Arkansas site saw the biggest Civil War battle west of the Mississippi? Blanchard Springs; Prairie Grove; Pea Ridge; Crowley’s Ridge.

Most people have suffered occasional heartburn before. A severe case can send you to the ER thinking you are having a heart attack. I can’t imagine, though, what a heart attack must feel like; your entire chest cramping and hurting and your heart and all other systems so completely stressed.

Realtor Kiwana Morrow contains a nearly blinding light. Because her skin is not translucent, this light has found other means of illuminating the people around her: her smile, her cheerful voice, and her effervescent spirit, which charges the air around her. This internal glow is part of what sets her real estate clients at ease during what can be one of the most exciting, but also stressful, processes in life: purchasing a home.

The Greater Chattanooga Association of Realtors on June 14 celebrated its 100th year of serving the local real estate community with a highly attended and well-received reception. Catered food and drink, an ice sculpture, live music, a photo booth with gag props, a conference table lined with scrapbooks from throughout the association’s history, a special edition of the Hamilton County Herald and more marked the occasion. Pictured: 2012 Tennessee Association of Realtors President Sue Stinson Turner of Memphis poses with local Realtor Steve Champion. More photographs on pages 18 and 31. (Photo by David Laprad)

Saturday, June 29

In a plea for sweet and good songs Mme. Minna Kaufmann of New York deplores the popular music of today. “Some may be good, but most of it is bad,” she says. “We are going to the dogs with our rhythmically attractive foot tapping sounds which hypnotizes one. Songs like ‘Everybody’s Doing It Now,’ ‘Oh, Oh, the Gaby, Gaby Gide,’ ‘Who Are You With Tonight,’ and ‘Waiting At the Church.’” Mme. Kaufmann feels a halt should be called before all our ideals and traditions are shattered and our young people have a deterioration of manners, taste and right thinking.

There are no two greater opposing forces in nature than those of an overbearing mother and her headstrong teenage daughter. Sure, when warm and cold airs collide, the result can be a devastating tornado, but when a mother and a daughter face off against each other in a battle of wills, the men in the family had better head for the hills.

Champion Agent can convey the six key rules that equate to professional value to any prospect or client. They are able to drive home the key points to raise their value to the prospect.

1. We don’t sell properties

We are salespeople, but we are really selling something other than a property. What we really sell to the marketplace is our knowledge. Our knowledge is better and more complete than our competitor’s, which enables us to charge a higher fee for our service. Why is one Attorney $500 an hour and another is only $100 an hour? It’s an hour for both. Assuming they can accomplish a similar volume of work, why pay the higher price?

In an effort to recognize and encourage Chattanooga’s communities, Chattanooga Neighborhood Enterprise celebrated NeighborGood Week earlier this month. Each day of the week-long celebration was aimed at eliciting neighborhood participation in showcasing the city’s culturally-diverse populations.

Tennessee Aquarium aviculturists have their hands full caring for a pair of macaroni penguin chicks. “These baby penguins are adorable,” said senior aviculturist Amy Graves. “They’re portly, but that’s great. We like to see vocal chicks that spend a good part of their day begging their parents for food.”

Some people who suffer with lactose intolerance mistakenly think they have food allergies. However, there is a difference between the two. A food allergy is an immune system response to a certain food that develops after you are exposed to the food your body thinks is harmful. This natural response triggers antibodies to fight the unwanted food, causing your system to develop allergy symptoms. When my daughter, April, was younger, she would eat a banana, and immediately, her throat would swell and start itching. Eating just a small amount of the food can trigger food allergies.