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IN RE: J.K.D. (DOB 11/26/94) and D.N.D. (DOB 6/26/01)

Court: TCA


Lisa Z. Bowman, Chattanooga, Tennessee, for the Respondent/Appellant.

M. Keith Davis, Dunlap, Tennessee, for the Petitioner/Appellee.


The juvenile court found Mother's minor children to be dependent and neglected and placed them in the physical custody of Appellee Francine Hicks. The circuit court affirmed the award of custody to Ms. Hicks. Mother appeals. We affirm.


CORRECTION is on page 1 where we have added Katherine L. Frazier as one of the attorneys for Shelby County Healthcare Corporation

Court: TCA


Jeffrey S. Rosenblum and Marc E. Reisman, Memphis, Tennessee for the Appellant, Scott Peatross.

Debra L. Fessenden, Memphis, Tennessee for the Appellee, Shelby County Tennessee.

Gail O. Mathes, Memphis, Tennessee for the Appellee, City of Memphis.

James F. Kyle, Jessica M. Hackett, and Katherine L. Frazier, Memphis, Tennessee, for the Appellee, Shelby County Healthcare Corporation d/b/a Regional Medical Center at Memphis ("the Med").

Christopher V. Vescovo, Edd L. Peyton, Memphis, Tennessee, for the Appellee, Amos Raymond, M.D.


This appeal results from the trial court's grant of summary judgment in favor of defendants. The issue before the trial court was the scope of a release agreement signed by the decedent's children and one of the defendants ("the Med"). The remaining defendants argued that this agreement provided for the release of claims against all potential defendants. Plaintiff responded that the parties to the agreement had no intention of releasing additional parties. Examining the language of the release and the circumstances surrounding its execution, we agree with the trial court's finding that plaintiff's claims against defendants were released. We also agree with the trial court's finding that the agreement released any civil rights claims that plaintiff might assert against the Med. The judgment of the trial court is therefore affirmed.



Court: TCA


Phillip Terry Clemons, McMinnville, Tennessee, for the appellant, J.C.B.C.; and Matthew David Edwards, Sparta, Tennessee, for the appellant, T.B.C.

Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; and Elizabeth C. Driver, Assistant Attorney General; for the appellee, State of Tennessee Department of Children's Services.

Rachel Hoover Kirby, Nashville, Tennessee, Guardian Ad Litem.


Mother and Father appeal from a juvenile court order terminating their parental rights to their two children. Finding clear and convincing evidence to support the juvenile court's determination, we affirm.


Duty of Train Operator to Blow Whistle Before Crossing Private Drive

TN Attorney General Opinions

Date: 2009-10-01

Opinion Number: 09-161



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Newspaper encourages appeal of Juvenile Court decision
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TBA Section's case alerts winning rave reviews
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About this publication: Today's News is a compilation of digests of news reports of interest to Tennessee lawyers compiled by TBA staff, links to digested press releases, and occasional stories about the TBA and other activities written by the TBA staff or members. Statements or opinions herein are those of the authors and do not necessarily reflect those of the Tennessee Bar Association, its officers, board or staff.

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