TN Court of Appeals

Donna J.S. (“Mother”) appeals an order terminating her parental rights to her minor children, Ethin E.S. and Mary J.C. (collectively “the Children”). The younger child, Ethin, was born drug-exposed and required intensive care for treatment of his withdrawal symptoms. As a result, the Department of Children’s Services (“DCS”) became involved. In the weeks after Ethin’s birth, a protective order was entered and DCS took temporary custody of the Children.

Former client filed a pro se complaint for legal malpractice against her former attorney. She had previously filed a complaint against the attorney with the Tennessee Board of Professional Responsibility, and that matter had been resolved in the attorney’s favor nearly two years before she filed the malpractice complaint. The trial court dismissed the complaint for malpractice, finding it barred by the one-year statute of limitations for such claims. The former client appealed. We affirm.

Franklyn Nathaniel Morgan (“Father”) filed this divorce action after his spouse, Kandi Tonyelle Morgan (“Mother”), was hospitalized because she had ingested an overdose of medication. Father was given temporary custody of the parties’ daughter who was four years old when the parties separated. Mother then obtained temporary custody based on proof that the Father allowed the marital residence to become filthy and dangerous. After a hearing, the court entered a temporary parenting plan based on “week-about” parenting.

This is an appeal from the grant of a motion to dismiss for failure to state a claim upon which relief can be granted. The trial court found that the Appellant’s claim sounded in fraud. However, the trial court ruled that the Appellant failed to plead fraud with particularity and dismissed. Affirmed.

This is a termination of parental rights case with respect to Johnny J.E.M. (“the Child”), the minor son of Amanda M. (“Mother”) and Joshua D. (“Father”). The Department of Children’s Services (“DCS”) removed the Child from Mother’s home as a result of “serious environmental neglect.” The Child was adjudicated dependent and neglected in Mother’s care; he had no relationship with Father, who was serving a lengthy prison sentence throughout these proceedings. After taking the Child into custody, DCS soon placed him with Janice M. (“Foster Aunt”) and her husband, Sonny M.