IN RE PROPOSED CONSERVATORSHIP OF MARY F. STRATTON - Articles

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Posted by: Tanja Trezise on Jul 31, 2013

Court: TN Court of Appeals

Attorneys 1:

Mark N. Foster, Rockwood, Tennessee, for the appellant, Mary Fern Smith.

Attorneys 2:

Harold D. Balcom, Jr., Kingston, Tennessee, for the appellee, Mary F. Stratton.

Judge(s): SUSANO

Mary Fern Smith (“Petitioner”) filed a petition in the trial court seeking the appointment of a conservator for her 90-year-old mother, Mary F. Stratton (“Mother”). Mother filed a motion to dismiss citing the provisions of Tenn. R. Civ. P. 12.02(6). The trial court held that it did not have jurisdiction of the petition because Mother was not a resident of Roane County. See Tenn. Code Ann. § 34-3-101 (2007).2 It dismissed the petition. Petitioner appeals. We affirm.

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