This appeal arises from the issuance of an order of protection against the appellant, Rodney Williams, Jr. We, however, have determined that the appellant’s brief is profoundly deficient for it fails to comply with Rule 27(a) of the Tennessee Rules of Appellate Procedure and Rule 6 of the Rules of the Court of Appeals of Tennessee in several material respects. Based on the appellant’s failure to substantially comply with Rule 27(a)(6)–(7) of the Tennessee Rules of Appellate Procedure and Rule 6 of the Rules of the Court of Appeals of Tennessee, the appellant has waived his right to an appeal. Accordingly, this appeal is dismissed.

The appellees sold a portion of their property to the appellants. The appellees sued the appellants seeking an easement by necessity. The appellants maintained that Tenn. Code Ann § 54-14-102 and its associated statutes prohibited such an easement. The trial court granted a common law easement by necessity. We agree with the trial court’s determination that the 2020 amendments to Tenn. Code Ann § 54-14-102 and its associated statutes did not change the common law regarding easements by necessity. However, due to the lack of a hearing and the corresponding lack of evidence, the improper use of the trial judge’s visit to the property as a fact-finding mission, and the uncertain procedures used to decide the case, we vacate the trial court’s order and remand this matter to the trial court for further proceedings.

Appellants, Rose Sawmill, Inc. and Shiloh Golf Course, Inc., have appealed an order of the Hardin County Chancery Court that was entered on September 14, 2023. We determine that the September 14, 2023 order does not constitute a final appealable judgment. Therefore, this Court lacks jurisdiction to consider the appeal. The appeal is dismissed.

This is a termination of parental rights case. The trial court terminated Appellant/Father’s parental rights on the grounds of abandonment by failure to support, substantial noncompliance with the permanency plan, and failure to manifest an ability and willingness to assume custody, and on its finding that termination of parental rights was in the child’s best interest. Father appeals. Because Appellee abandoned the ground of substantial noncompliance with the permanency plan, we reverse the trial court’s termination of Appellant’s parental rights on that ground. We affirm the trial court’s termination of Appellant’s parental rights on all remaining grounds and on its finding that termination of Appellant’s parental rights is in the child’s best interest.

For the week of February 12, 2024 - February 16, 2024

A new report on the state’s juvenile criminal justice system from Disability Rights Tennessee and the Youth Law Center offers suggestions for preventing abuse inside detention facilities and setting kids up for success after they are released. WPLN reports that the recommendations are based on interviews with youth at the Wilder Youth Development Center. The report emphasizes the importance of reducing barriers between kids in custody and their families, given that phone time is limited, and some facilities have not allowed in-person visits to resume since the pandemic. The research found that most kids in detention facilities came into contact with the criminal justice system following some kind of crisis, and recommends improving access to resources and services such as health care or housing for those leaving a facility. Finally, it recommends establishing independent, third-party oversight of juvenile detention facilities.

The TBA’s International Law Forum will take place May 17 in Nashville. Save the date and watch the course registration page for more updates.

The Tennessee Supreme Court last week held that an arbitration agreement signed by a power of attorney as part of the paperwork for admittance to an assisted living facility was not a health care decision because it was optional and not required for admission. The court also concluded that the next of kin in the wrongful-death suit filed is bound by the arbitration agreement. In 2007, Granville Williams Jr. executed a durable power of attorney naming Karen Sams as his attorney-in-fact, giving Sams authority to act for Williams in “all claims and litigation matters” but not health care decisions. In 2020, Williams was admitted to Azalea Court, an assisted-living facility, and Sams completed the admission forms, including an arbitration agreement not required for admission. After Williams died, his son brought a wrongful-death lawsuit against two corporations that managed Azalea Court. Read more about the case, the majority opinion and dissenting opinions from Chief Justice Holly Kirby and Justice Sharon Lee.

The Memphis Bar Foundation, the philanthropic arm of the Memphis Bar Association, has announced that Vincent Miraglia will serve as the 2024 board president. Miraglia has served on the board since 2019, most recently as vice president. Miraglia is an associate general counsel and chief legal ethics officer at Sylvamo. Prior to his role there, Miraglia served as chief counsel of information technology and global citizenship at International Paper and was president of the International Paper Foundation. He has more than 20 years of experience in corporate law, litigation, sustainability, labor and employment law, and technology law. He earned his law degree in 1995 from The Catholic University of America's Columbus School of Law.

Alexander Ivy pleaded guilty to possession of methamphetamine with intent to distribute and being a felon in possession of a firearm. At sentencing, the district court enhanced Ivy’s Sentencing Guidelines range upon finding that Ivy’s prior conviction for aggravated robbery under Ohio law was a “crime of violence” under the Guidelines. We hold that a conviction for aggravated robbery with a deadly weapon under Ohio Revised Code § 2911.01(A)(1), without further information that the aggravated-robbery conviction is predicated on a particular underlying theft offense, is not a crime of violence. We thus vacate Ivy’s sentence and remand to the district court for resentencing.