IN RE: A.W. - Articles

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Posted by: Brittany Sims on Dec 26, 2013

Court: TN Court of Appeals

Attorneys 1:

Dean Hill Rivkin, attorney and professor; Brenda McGee, attorney; and, Anna Swift, practicum student attorney, UT College of Law Education Law Practicum, for the appellant, A.W.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; William E. Young, Solicitor General; and, Jordan Scott, Assistant Attorney General, for the appellee, State of Tennessee.

Judge(s): SWINEY

This case arises from juvenile proceedings concerning the then minor child A.W. The Juvenile Court for Knox County (“the Juvenile Court”) found A.W. to be an unruly child. A.W. some time later filed a Petition to Vacate Orders and to Dismiss regarding the order finding A.W. to be an unruly child, citing constitutional, procedural, and jurisdictional defects. The Juvenile Court denied the petition to vacate. A.W. appealed to the Circuit Court for Knox County, Fourth Circuit (“the Circuit Court”). The State of Tennessee (“the State”) moved to dismiss the appeal, arguing the appeal was untimely. The Circuit Court granted the State’s motion to dismiss. We reversed the Circuit Court on appeal, and remanded for the Circuit Court to hear the appeal of the denial of the petition to vacate. A.W. filed an amended petition to vacate and later a motion for summary judgment. The State filed a cross-motion for summary judgment, arguing, among other things, that A.W.’s claims could not be redressed by a Tenn. R. Juv. P. 34 petition to vacate. The Circuit Court granted the State’s motion for summary judgment. A.W. appeals. We affirm.