IN RE CONSERVATORSHIP OF HORACE DUKE - Articles

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Posted by: Stacey Shrader Joslin on Sep 4, 2015

Court: TN Court of Appeals

Attorneys 1:

Paul T. Nowak, Franklin, Tennessee, for the appellant, Jerry D. Stephens.

Attorneys 2:

William K. Lane, Franklin, Tennessee, for the appellee, Charles Duke.

Judge(s): BENNETT

Conservator appealed the trial court‘s order adopting the special master‘s report. We find merit in the conservator‘s argument that the trial court was required to hold a hearing before acting on the special master‘s report. As we are unable to ascertain from the record whether a hearing was held, we vacate and remand for a determination of whether a hearing was held by the trial court. If no hearing was held, the trial court must hold a hearing on the special master‘s report in accordance with Tenn. R. Civ. P. 53.04(2).

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