DEBBIE TRAN v. MANILA BUI, ET AL. - Articles

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Posted by: Landry Butler on Nov 17, 2016

Court: TN Court of Appeals

Attorneys 1:

Daniel Kidd, Knoxville, Tennessee, for the appellant, Debbie Tran.

Attorneys 2:

Wynne du M. Caffey, and John Towers Rice, Knoxville, Tennessee, for the appellee Manila Bui.

Christopher D. Heagerty, Guardian Ad Litem, Knoxville, Tennessee, for the appellee Allyanna Bui.

Herbert H. Slatery III, Attorney General and Reporter; Andree S. Blumstein, Solicitor General; and Timothy R. Simonds, Assistant Attorney General, for the appellee, State of Tennessee.

Judge(s): ARMSTRONG

This case concerns a constitutional challenge to Tennessee Code Annotated Section 20-12-119(c). When the trial court grants a motion to dismiss pursuant to Tennessee Rule of Civil Procedure 12.02(6) for failure to state a claim upon which relief may be granted, Section 20-12-119(c) provides for an award of reasonable attorneys' fees to the dismissed party. In this case, the trial court granted Appellees the statutory maximum of $10,000 in attorneys' fees. Appellant challenged the constitutionality of the statute on the ground that it violated the separation of powers doctrine. The trial court rejected Appellant's challenge, ruling that Tennessee Code Annotated section 20-12-119(c) is remedial in nature and does not violate Article II, section 2 of the Tennessee Constitution. Discerning no error, we affirm.

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