IN RE: NATHANIEL C. T., JASON J. T. and EMERALD S. T. - Articles

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Posted by: Tanja Trezise on Mar 17, 2014

Head Comment: With concurring opinion.

Court: TN Court of Appeals

Attorneys 1:

Kathryn J. Dugger-Edwards, Elizabethton, Tennessee, for the appellant, Ashlie T.

Attorneys 2:

John S. Taylor, Johnson City, Tennessee, for the appellant, Jason T.

Jason A. Creech and Suzanne S. Cook, Johnson City, Tennessee, for the appellees, Angela W. and David W.

Judge(s): SWINEY

This appeal concerns attorney’s fees. Two relatives (“Petitioners”) filed a petition to terminate the parental rights of the parents (“Respondents”) to Respondents’ three minor children (“the Children”). The Chancery Court for Washington County (“the Trial Court”), pursuant to Tennessee Supreme Court Rule 13, appointed counsel to represent Respondents in the parental termination action. After a long, drawn out process, the parties resolved their legal dispute through a mediated agreement. The Children remained with Respondents. Respondents filed a motion for attorney’s fees, arguing that they should be awarded attorney’s fees under Tenn. Code Ann. § 36-5-103(c). The Trial Court held that Tenn. Code Ann. § 36-5-103(c) was inapplicable under these circumstances and denied Respondents’ motion for attorney’s fees. Respondents appeal. We affirm the Trial Court.