IN RE CONSERVATORSHIP OF RUTH TOMLINSON OSBORN - Articles

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IN RE CONSERVATORSHIP OF RUTH TOMLINSON OSBORN

Posted by: Karen Belcher on Nov 5, 2021

Court: TN Court of Appeals

Attorneys 1: Lynda W. Patterson, Livingston, Tennessee, for the appellants, Harlen Dixon and Grace Dixon.

Attorneys 2: Daniel H. Rader, IV, Cookeville, Tennessee, for the appellee, Kelly Tayes, Private Conservator, LLC.

Judge(s): STAFFORD

Aristotle once explained that “it is possible to fail in many ways . . . while to succeed is possible only in one way[.]”1 With some notable exceptions, in order for an issue to be proper on appeal, success depends on the following requirements: (1) that an issue be properly raised in the trial court; and (2) that the issue be properly raised on appeal. Of the three arguments Appellants presented in this appeal, none meets both of the above requirements, though they all fail in different respects. As a result, we affirm the decision of the trial court and award Appellee attorney’s fees for defending against a frivolous appeal.

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