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Posted by: Karen Belcher on May 24, 2023

In this termination of parental rights case, Appellants, Mother and stepfather, filed a petition to terminate Appellee Father’s parental rights on the grounds of abandonment by failure to support and failure to visit. Father asserted the absence of willfulness as an affirmative defense. At the close of proof on grounds, the trial court orally found that abandonment by failure to support was not shown, but abandonment by failure to visit was proven. At the close of all proof, the trial court reconsidered its oral ruling on grounds and determined that Father’s failure to visit was not willful. In its written order, the trial court found that grounds for termination had not been proven and that, even if grounds existed, termination of Father’s parental rights was not in the child’s best interest. Discerning no error, we affirm.

Posted by: Karen Belcher on May 24, 2023

This appeal arises from an employment termination case in which an employee of the Division of Fire Services for the City of Memphis was terminated for a second positive drug test. After receiving notice of his termination, the employee requested an appeal hearing with the City of Memphis Civil Service Commission. Following the hearing, the Civil Service Commission issued a decision affirming the termination of his employment. The employee filed a petition for the trial court to review the decision of the Civil Service Commission. The trial court found that substantial and material evidence did not support the decision and that the decision was arbitrary and capricious. Accordingly, the trial court granted the employee’s petition and remanded the matter to the Civil Service Commission. The City of Memphis appeals. We vacate the decision of the trial court and remand to the trial court for entry of an order to remand to the Civil Service Commission with instructions to issue a decision addressing certain deficiencies.

Posted by: Karen Belcher on May 24, 2023

This is an action for malicious prosecution of an attorney’s fee claim. The plaintiffs contend that the trial court improperly granted summary judgment to the defendant under the oneyear statute of limitations in Tennessee Code Annotated § 28-3-104(a)(1). The court held that the plaintiffs’ cause of action accrued when the allegedly-malicious prosecution terminated, and it held that the prosecution terminated when the first court denied the defendant’s motion to alter or amend the judgment under Tennessee Rule of Civil Procedure 59.04. The plaintiffs contend that this is wrong because the defendant was a party to and participated in the appeal of those proceedings. They assert that the defendant’s action did not terminate until he exhausted his appellate remedies. We agree and hold that the defendant’s cause of action did not terminate until his time for filing an appellate brief expired. Thus, we reverse the decision of the trial court and remand with instructions to reinstate the complaint and for further proceedings consistent with this opinion.

Posted by: Stacey Shrader Joslin on May 24, 2023

The Tennessee Department of Revenue will hold a free webinar on May 30 at 9 a.m. CDT for people interested in tax exemptions for nonprofit organizations. The session will cover topics such as nonprofit exemptions on sales and use tax, business tax, franchise tax, excise tax and other miscellaneous taxes. The webinar is one in a series of educational sessions held by the department each month. Learn more or register.

Posted by: Stacey Shrader Joslin on May 24, 2023

Two University of Tennessee College of Law professors received honors this month from the school for accomplishments in academic work. Professor Wendy Bach received the Jefferson Prize, which is awarded annually to a tenured or tenure-track faculty member who has demonstrated excellence in research and creative activity. Bach focuses her work on clinical legal education and poverty law. Associate Professor Joy Radice received the Excellence in Academic Outreach Award, which honors those who exemplify the school’s mission by using intellectual capital to benefit the citizens of Tennessee. Her focus is on the intersection of criminal law and the administrative state, and the gap in access to civil counsel.

Posted by: Stacey Shrader Joslin on May 24, 2023

The Memphis Bar Association's Access to Justice Committee and Young Lawyers Division will join with Memphis Area Legal Services and local elected officials to host a Restoration of Rights Community Clinic on July 1 from 10 a.m. to 2 p.m. CDT. The clinic will be held at the Legacy Impact Center, 2285 Frayser Blvd., Memphis 38127. Members of the public are invited to attend to get help with criminal expungements, reinstatement of drivers’ licenses and voting rights. The deadline to preregister is June 23. Those with questions should contact 901-527-3573. View a flyer for the event.

Posted by: Stacey Shrader Joslin on May 24, 2023

Davidson County lawyer Marian Boyle Greer was reinstated to the practice of law Friday. She had been on inactive status since May 18, 2014. The Board of Professional Responsibility reviewed the petition for reinstatement and stated that is was satisfactory. The reinstatement will be effective as of April 26.

Posted by: Laura Labenberg on May 24, 2023

The Memphis Bar Association's Access to Justice Committee and Young Lawyers Division, Memphis Area Legal Services, Memphis City Council Member Michalyn Easter-Thomas (District 7) and Shelby County Commissioner Charlie Caswell, Jr. (District 6) are collaborating to host a Restoration of Rights Community Clinic on July 1 from 10 a.m.-2 p.m. CDT. The clinic will be held at the Legacy Impact Center located at 2285 Frayser Blvd., Memphis 38127. For further information contact Constance Brown.

Posted by: Paul Burch on May 23, 2023

Nashville District Attorney Glenn Funk said Tuesday that his office will not pursue charges against Metro Nashville Police Officer Kendall Coon in the fatal police shooting of music producer Mark Capps and is asking the Tennessee Bureau of Investigation to close the review, the Tennessean reports. In a letter obtained by the Tennessean, Funk wrote TBI agent James Scarbro that Coon's actions were reasonably necessary considering the facts and circumstances in the case. Coon was one of three Nashville SWAT officers who were attempting to serve aggravated assault and kidnapping warrants to Capps at his home after Capps had allegedly held his wife and stepdaughter at gunpoint the previous night.

Posted by: Julia Wilburn on May 23, 2023

The TBA International Law Section will host the in-person portion of its annual forum live in Nashville on June 2nd at 1212 Germantown from 1:30-3:45pm CT. Participants can earn two general CLE hours. The first session will feature attorney Larry Harrington discussing international business practices in South America, and the second session will focus on foreign direct investment with Jim Hollingshad, senior advisor for economic and business affairs with the Consulate-General of Japan.

A networking reception will immediately follow the program from 3:45-5pm CT, which is open to all International Law Section Members in addition to the registrants of the CLE. If you are an International Section Member and plan to attend the networking reception following the forum (whether you're able to attend the forum or not), please RSVP here so we can keep an accurate headcount. If you are interested in attending the reception but are not a section member or able to attend the CLE, feel free to reach out to TBA Coordinator Jamie Rhode.


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