Opinion Flash

May 14, 2004
Volume 10 — Number 094

Following this index are summaries of each case, including its name, first paragraph, author's name, and the names of attorneys for the parties of each opinion.

This Issue (IN THIS ORDER):
00 New Opinion(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
02 New Opinion(s) from the Tennessee Court of Appeals
00 New Opinion(s) from the Tennessee Court of Criminal Appeals
00 New Opinion(s) from the Tennessee Attorney General (PDF format)
00 New Judicial Ethics Opinion(s)
00 New Formal Ethics Opinion(s) from the Board of Professional Responsibility

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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink


TROY STERLING FULLER v. JANIE MARIE NICHOLSON

Court:TCA

Attorneys:                          

Brody N. Kane, Lebanon, Tennessee, for the appellant, Troy Sterling
Fuller.

Joy L. Davis, Franklin, Tennessee, for the appellee, Janie Marie
Nicholson.

Judge: GLENN

First Paragraph:

This is primarily a child custody dispute.  The father and mother
lived together with their infant son and the mother's two older sons
in the mother's house trailer before moving into a house purchased by
the mother with a down payment provided by the father.  When their son
was approximately eight  months old, the parties separated and
thereafter began a contentious legal battle over his custody.
Following a bench trial, the trial court awarded the mother primary
custody, granted the father broad visitation rights, and denied the
father's request for the return of his down payment and closing costs,
finding there was no equity in the house.  The father appeals the
trial court's award of primary custody to the mother and its denial of
his request for the return of his down payment and closing costs.  We
affirm in part, reverse in part, and remand for further proceedings
consistent with this opinion.

http://www.tba.org/tba_files/TCA/fullertroys.wpd

IN RE: ADOPTION OF T.A.M.
WITH CONCURRING OPINION

Court:TCA

Attorneys:                          

John H. Richardson, Jr., Fayetteville, Tennessee, for the appellant,
B.A.M.

N. Andy Myrick, Jr., Fayetteville, Tennessee, for the appellees,
J.E.K. and M.W.K.

Judge: KOCH

First Paragraph:

This appeal involves the termination of the parental rights of an
incarcerated biological father of a five-year-old child.  The child's
mother and her new husband filed a petition in the Chancery Court for
Lincoln County seeking to terminate the biological father's parental
rights and to approve the new husband's adoption of the child. 
Following a bench trial, the trial court entered an order on August
29, 2003 granting the petition to terminate the biological father's
parental rights on the ground of abandonment.  The biological father
appealed.  We concur with the trial court's conclusion that the father
abandoned his child by willfully failing to support and visit the
child and that terminating the biological father's parental rights is
in the child's best interests.  Accordingly, we affirm the judgment

http://www.tba.org/tba_files/TCA/tam_opn.wpd

CONCURRINING OPINION
http://www.tba.org/tba_files/TCA/tam_con.wpd

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