History
  • No items yet
midpage
Lufkin v. Board of Professional Responsibility
336 S.W.3d 223
Tenn.
2011
Read the full case

Background

  • Lufkin was placed on disability inactive status in 1999 and later reinstated to active status in 2006.
  • In 2006 the Board sought temporary suspension; the Court granted suspension and later disciplinary proceedings were filed.
  • In 2009 the Board Hearing Panel recommended a two-year suspension, two-year continuing legal education, and supervision upon reinstatement.
  • In August 2009 the Supreme Court entered an Order of Enforcement and assessed costs of the suspension proceedings totaling $11,277.88 under Rule 9, Section 24.3.
  • Lufkin petitioned for relief from costs; in March 2010 the Panel reduced the costs by $2,554, leaving $8,723.88 due as a condition to reinstatement.
  • Lufkin filed this Court appeal in April 2010; he subsequently filed a Chapter 7 bankruptcy petition in September 2010, and discharged on December 10, 2010, which discharged the disciplinary costs.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the cost assessment was discharged in bankruptcy Lufkin argues the costs are discharged Board contends costs remain owed unless discharged Yes; costs were discharged and the appeal is moot
Whether any mootness exceptions apply Discretionary exceptions might avoid mootness No applicable exceptions present No exceptional circumstances present; case is moot

Key Cases Cited

  • Norma Faye Pyles Lynch Family Purpose LLC v. Putnam Cnty., 301 S.W.3d 196 (Tenn.2009) (mootness principles and when a case becomes non-justiciable)
  • State ex rel. DeSelm v. Jordan, 296 S.W.3d 530 (Tenn.Ct.App.2009) (mootness and transactional/pending issues)
  • Clay v. Ford Motor Co., 984 S.W.2d 615 (Tenn.Ct.App.1998) (personal bankruptcy discharge abrogates certain judgments)
Read the full case

Case Details

Case Name: Lufkin v. Board of Professional Responsibility
Court Name: Tennessee Supreme Court
Date Published: Mar 22, 2011
Citation: 336 S.W.3d 223
Docket Number: M2010-00827-SC-R3-BP
Court Abbreviation: Tenn.