Opinion FlashMay 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):
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Howard H. Vogel
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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