Ricky W. Mcelhaney v. Howard B. Barnwell

• Court: Court of Appeals of Tennessee
• Decided: November 19, 2001
• Docket: E2000-02748-COA-F3-CV
• Status: Published

Opinion

IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE Submitted on Briefs November 19, 2001

RICKY W. McELHANEY v. HOWARD B. BARNWELL

Appeal from the Chancery Court for Hamilton County No. 98-1218 Howell N. Peoples, Chancellor By Interchange

FILED JANUARY 14, 2002

No. E2000-02748-COA-F3-CV

DISSENTING OPINION

As the majority opinion acknowledges, the General Assembly repealed “one of two methods that existed for a person to initiate disciplinary proceedings against an attorney licensed to practice in Tennessee.” “Method” was the way the Supreme Court described the Statute in Story v. Nichols.1 The other method remains in force and entitles an individual to substantially the same rights that existed under the repealed statute. See Tenn. R. Supp. S.Ct. 9, §1.3. Most importantly, the Repeal did not abolish the right to seek discipline against attorneys.

The Chancellor, in my view, in sound exercise of discretion dismissed this case, because the Statute abolished this method of proceeding. The plaintiff may employ the other “method”, which he has to pursue his disciplinary action against the defendant.

_________________________ HERSCHEL PICKENS FRANKS, J.

1 “Method” is defined in The Oxford American Dictionary as “a procedure or way of doing something.”