Boundary Line Disputes and How Far is Too Far?

In this boundary line dispute between two neighbors, one hired a surveyor to determine the property line while the other built a fence and declared it his. The Court of Appeals determined the fence builder took it too far and awarded the other party the rare frivolous appeal damages.

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Harlan Dodson Named 2021 “Lawyer of the Year” by Best Lawyers of America®


Harlan Dodson has been selected as the Best Lawyers® 2021 “Lawyer of the Year” for Nonprofit/ Charities Law in the Nashville area.

First published in 1983, The Best Lawyers in America uses a rigorous peer nomination and review process to determine the recipient of this selective honor. Only a single lawyer in each practice area and designated metropolitan area is honored as the “Lawyer of the Year.” This designation is awarded to lawyers with the highest overall peer feedback in a practice area and geographic region.

In addition to this recognition as “Lawyer of the Year,” Harlan Dodson was also listed in the 2021 edition of The Best Lawyers in America in the practice areas of Commercial Transactions / UCC Law, Corporate Law, Litigation – Trusts and Estates, Real Estate Law, and Trusts and Estates.

Harlan Dodson has over 40 years of experience in helping people and businesses solve problems and plan for the future. Dodson provides hands-on guidance for his clients, whether working with them to launch a business, structure a complex real estate deal, or draft a will. He learned this dedication from his attorney father. As he puts it, “My father understood that the profession of law is about helping people.


Seven Dodson Parker Attorneys Named to The Best Lawyers in America© 2021; 19 Firm Practice Areas Represented

Seven lawyers from the firm were recently selected by their peers for inclusion in The Best Lawyers in America© 2021. The attorneys are recognized for their work in 17 practice areas.

Margaret Behm is currently recognized in the following areas:

    • Commercial Litigation
    • Corporate Law
    • Employment Law – Individuals
    • Employment Law – Management
    • Litigation – Labor and Employment
    • Municipal Law
    • Nonprofit / Charities Law

Michael Bressman is recognized for his work in Art Law, Information Technology Law, Nonprofit/ Charities Law, and Trademark Law.

Donald Capparella is recognized in the areas of Appellate Practice, Insurance Law, and Personal Injury Litigation – Plaintiffs.

Miranda R. Christy is recognized for her work in Real Estate Law.

Harlan Dodson, has been named 2021 Best Lawyers® “Lawyer of the Year” in Nashville for his work in Nonprofit/ charities Law and is also recognized for his work in the following categories:

    • Commercial Transactions / UCC Law
    • Corporate Law
    • Litigation – Trusts and Estates
    • Real Estate Law
    • Trusts and Estates

Paul Parker is recognized for his work in the areas of Tax Law, and Trusts and Estates.

Tyler C. Yarbro, is recognized for her work in Employment Law – Individuals, Employment Law – Management, and Litigation – Labor & Employment.

Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Because Best Lawyers® is based on an exhaustive peer-review survey in which more than 36,000 leading attorneys cast almost 4.4 million votes on the legal abilities of other lawyers in their practice areas, and because lawyers are not required or allowed to pay a fee to be listed, inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.”

Four DPBC Attorneys Recognized by Super Lawyers

Four Dodson Parker Attorneys have been recognized by Super Lawyers® on its 2020 List of Top Attorneys in Tennessee, Alabama, Arkansas, and Mississippi.

Margaret L. Behm‘s diverse practice includes business transactions and litigation, employment law, and providing counsel to municipal agencies. She has been named to the Super Lawyers list each year since 2007.

Donald Capparella focuses his practice on litigation, both at the trial and appellate levels, with an emphasis on tort and insurance litigation, family law, and personal injury matters.  He has been named to the Super Lawyers list each year since 2009. Capparella has also been named to Super Lawyers® Top 100 Tennessee list and Top 50 Nashville list.

Paul Parker practices in the areas of estate planning and probate and tax law. He regularly conducts continuing legal education seminars for other attorneys on tax, trust, and estate planning issues. This is his fourth consecutive appearance on the Super Lawyers List.

Tyler Chance Yarbro’s practice focuses on trial and appellate litigation, including employment, probate, personal injury, and criminal law matters. She was selected to the Rising Stars list in 2014, and has now been selected to the Super Lawyers for 2019.

Super Lawyers® is a rating service of lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations, and peer evaluations.

Donald Capparella and Tyler Yarbro Serve as Co-Counsel on Successful Appeal of Local Healthcare Liability Case

In 2012, after undergoing a procedure to have her gallbladder removed, Mrs. Yebuah learned that there was a foreign object that had been left inside her abdomen during a procedure she had previously undergone in 2005.  Though the healthcare providers from the 2005 surgery admitted fault after Mrs. Yebuah and her husband filed a lawsuit, there was a trial to determine the amount of damages they had suffered.

Based upon the proof presented at trial, the jury ultimately awarded the Yebuahs $4.5 million in non-economic damages: $4 million to Mrs. Yebuah for her pain and suffering and lost enjoyment of life and $500,000 to Mr. Yebuah for his loss of consortium.  After the jury reached its verdict, the trial court applied the statutory cap on damages to reduce the jury verdict in accordance with Tenn. Code Ann. § 29-39-102.  The trial court ruled that the cap on damages applied to reduce Mrs. Yebuah’s award to $750,000 and that a separate cap on damages applied to Mr. Yebuah’s award, which would remain at $500,000.

The defendants appealed, arguing that the statutory cap on damages should reduce the total award by the jury to $750,000 – not that each plaintiff’s award should be separately capped at $750,000. Specifically, the defendants argued that Mr. and Mrs. Yebuah should have been awarded, at most, $750,000 for all of their collective claims.  The Court of Appeals disagreed.

In examining the cap statute, Tenn. Code Ann § 29-39-102, and relying on the statute’s repeated reference that it applies to “each injured plaintiff,” the Court interpreted the statute to mean that the cap should apply to reduce damages awards to individual plaintiffs. The Court of Appeals, therefore, affirmed the judgment of the trial court and determined that the cap statute operates to give each injured plaintiff a separate, individual cap on their damages.

Donald Capparella and Tyler Yarbro served as co-counsel for the plaintiff alongside Nashville attorneys Randall L. Kinnard, Mary Ellen Morris and Jessica J. Kinnard, and Washington, DC attorney John Vail.

You can read the full opinion here.

Five DPBC Attorneys Included in Nashville Business Journal’s “2020 Best of the Bar”

Dodson Parker Behm and Capparella is pleased to have five lawyers included among the Nashville Business Journal’s 2020 “Best of the Bar.” The annual list is compiled through nomination, and attorneys are selected by their peers for inclusion. 

  • Harlan Dodson was honored in field of Estate Planning. He is the founder and co-author of Introduction to Estate Planning and Administration in Tennessee. He also counsels businesses on matters ranging from startup and formation through business succession planning.   
  • Margaret Behm was selected in the field of Labor and Employment. In addition to her employment work, Behm represents clients in matters related to municipal law, estate planning, bankruptcy, and commercial litigation.  
  • Donald Capparella was named in the Litigation and Dispute category.  Focusing his practice exclusively on litigation, Capparella is regularly called upon to handle complex matters including construction defects, business disputes, personal injury, and insurance disputes at the trial and appellate level.
  • Tyler Chance Yarbro was selected in the Litigation and Dispute category. She has extensive experience in courtroom advocacy to advise and assist clients with their litigation needs. She is involved in a wide range of  litigation matters, including employment, probate, and criminal law. 
  • Miranda Christy was listed in the Real Estate category. Focusing her practice on business transactions and real estate, advising various clients on acquisitions, dispositions, financing, development, and leasing. She also counsels non-profit organizations and has experience in conservation easements and conservation finance.

Each attorney above has been named previously to the list, and firm attorneys have been named to the Nashville Business Journal’s “Best of the Bar” List for more than ten consecutive years.

Margaret Behm Named Recipient of the NBA’s 2020 Liberty Bell Award

Margaret Behm, along with Jeanie Nelson and Juli Mosley, have been awarded the Nashville Bar Association’s 2020 Liberty Bell Award in honor of their vision and work in creating Votes for Women, a permanent exhibit at the Nashville Public Library about the effort to win women the right to vote and Tennessee’s pivotal role in the passage of the 19th Amendment. Votes for Women is scheduled to open this year, in conjunction with the 100th anniversary of the passage of the 19th Amendment.


To read more about the exhibit, please see the Nashville Public Library’s webpage dedicated to this project.  To learn more about the Nashville Bar Association’s prestigious Liberty Bell Award, click here.


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