Wednesday, June 22, 2011

Court Reviews a dispute involving Power of Attorney and an alleged theft of personal property

KIMBERLY E. LOVE v. STEVEN D. BEARD (Tenn. Ct. App. June 22, 2011)

The plaintiff filed this action against her brother alleging that he misused her power of attorney and that he stole some of her property. Following a bench trial, the trial court held that the plaintiff failed to prove her claims, with the exception of her claim for theft of her automobile, and ordered the defendant to pay restitution for the vehicle. Plaintiff appealed; however, she failed to file a transcript of the proceedings or a statement of the evidence for which we must accept the findings of the trial court as correct. Finding no error, we affirm.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/lovek_062211.pdf

Friday, June 3, 2011

Court Reviews the Trial Court's Instructions to a Conservator for Administering an Estate

IN THE MATTER OF: THE CONSERVATORSHIP OF: MARY LOUISE SOTTONG, Appellee, GEOFFREY SOTTONG, Appellant (Tenn. Ct. App. June 3, 2011)


In this conservatorship estate, Geoffrey Sottong, son of Mary Louise Sottong, raises issues as to the ruling of the Trial Court regarding the conservator's administration of the conservatorship estate. Upon review, we conclude that the Trial Court's series of orders properly instructed the conservator on administering the estate, and affirm the Judgment of the Trial Court on these issues.


Opinion available at:

http://www.tba2.org/tba_files/TCA/2011/sottongm_060311.pdf