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Posted by: Karen Belcher on Apr 17, 2024

A condominium owner appeals from a final judgment awarding past due fees and assessments to a homeowners association. Because the owner did not file his notice of appeal within thirty days after entry of the judgment as required by Tennessee Rule of Appellate Procedure 4(a), we dismiss the appeal.

Posted by: Karen Belcher on Apr 17, 2024

Petitioner, Daniela Valderrama, filed an accelerated interlocutory appeal as of right pursuant to Tennessee Supreme Court Rule 10B from the trial court’s denial of a motion for recusal. Ms. Valderrama’s petition for recusal appeal fails to comply with the requirements of Rule 10B, section 2.03. Due to Ms. Valderrama’s failure to comply with Rule 10B, the appeal is dismissed.

Posted by: Karen Belcher on Apr 17, 2024

This is a divorce action involving, inter alia, the classification of property, equitable valuation and division of marital property, and support for an alleged disabled adult child beyond the age of 21. After our exhaustive review, we find that the preponderance of the evidence supports the trial court’s determinations in this matter. Therefore, we affirm the trial court’s judgment in all respects.

Posted by: Stacey Shrader Joslin on Apr 17, 2024

The American Bar Association (ABA) will present results from the sixth ABA Survey of Civic Literacy during a free virtual event on April 23 beginning at 10 a.m. EDT. Conducted annually, the survey measures the civics knowledge of the American public as well as views on a range of topical issues. During the event, Judy Woodruff, senior correspondent for PBS NewsHour, will moderate a panel discussion featuring a Harvard University professor, a writer and editor at Protect Democracy, and federal appellate judge. The event is part of the ABA’s Law Day celebration. Register here.

Posted by: Karen Belcher on Apr 17, 2024

Plaintiff appeals the trial court’s decision to exclude his experts and to grant summary judgment to the defendant. Because plaintiff has appealed a non-final judgment and the record on appeal is incomplete, we dismiss this appeal.

Posted by: Karen Belcher on Apr 17, 2024

A mother sought to move to another state with her minor child. The child's father opposed the move and petitioned to be named the child's primary residential parent. The mother responded with a counter-petition seeking approval of the move and a modified parenting plan. Using the best-interest factors applicable to child custody disputes, the court granted the mother permission to relocate and modified the parties' parenting time accordingly. On appeal, the father argues the parental relocation statute applied and, regardless of which best-interest factors were used, the evidence preponderates against the court's best-interest finding. We affirm.

Posted by: Stacey Shrader Joslin on Apr 17, 2024

The Tennessee Alliance for Legal Services (TALS) has extended the deadline for submitting session proposals for this year's Equal Justice University (EJU). Proposals are now due April 24. Topics of interest include employment law, family law, health and benefits, housing and consumer, special education and juvenile justice, as well as professionalism. See all topics and submit proposals online. The 2024 EJU is set for Aug. 28-30 at the Embassy Suites in Murfreesboro.

Posted by: Stacey Shrader Joslin on Apr 17, 2024

When you’re busy, it’s difficult to think of a ringing phone as a prospective client rather than a mere interruption. The TBA's Practice Management Center offers a chart comparing services that not only answer phones but can help with client screening, intake and more. Access this and more resources in the center's Opening a Firm section.

Posted by: Stacey Shrader Joslin on Apr 17, 2024

Tennessee Bar Association leaders recently met with the members of the state’s congressional delegation in Washington. D.C., as part of the American Bar Association's (ABA) annual Day on the Hill. TBA President Jim Barry, President-elect Ed Lanquist, YLD President-elect Sean Aiello, ABA Resource Committee Chair Jonathan Cole and Executive Director Sheree Wright participated in the visits and other activities planned as part of the Day on the Hill event. Members of the group met with representatives from all nine congressional offices and both senators. The focus of this year’s ABA Day on the Hill was promoting support and funding for the Legal Services Corporation, as well as increased funding for federal public defenders, support for attorney-client confidentiality over prison email systems, reauthorization of the Higher Education Act and reforms to student lending. See photos from the event.

Posted by: Julia Wilburn on Apr 16, 2024

The Tennessee House and Senate Finance committees have passed the FY2024/25 budget, HB2973/SB2942, which includes $8.6 million in additional recurring funding to increase the hourly rate an additional $10 an hour for court-appointed attorneys representing the indigent. Tennessee’s court-appointed attorneys, who represent indigent citizens who are statutorily and constitutionally entitled to legal counsel, are the lowest paid in the country, and have not had their hourly reimbursement rate raised in 26 years. The TBA has worked hand in hand with the Supreme Court and the Administrative Office of the Courts to encourage the General Assembly to fairly compensate attorneys representing the indigent. During the House Finance, Ways and Means Subcommittee meeting, House Finance Committee Chair Patsy Hazlewood, R-Signal Mountain, stated, “This is a start. It’s not market compensation, but it will allow us, hopefully, to address a problem. It’s very difficult for judges to find attorneys to take these indigent cases, so with additional funding, hopefully we will be able to get more cases through our system and stop the roadblocks.” The next step for the budget is passage by the House and Senate before they adjourn next week.


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