This is an action for abuse or neglect, exploitation, or theft of money or property of Christine Joy Koczwara during her life, as provided by Tennessee Code Annotated § 71- 6-120(b) of the Tennessee Adult Protection Act. The complaint seeks to recover assets as well as compensatory and punitive damages. After the defendant failed to file a timely responsive pleading to the complaint, the trial court entered a default judgment on the issue of liability. Prior to the trial on damages, the defendant moved to set aside the default judgment on the ground of excusable neglect. The claimed excuse was based on the contention that the defendant was the named executor and sole beneficiary under a purported 2020 will. The trial court rejected that argument because there was no pending will contest and the defendant had not filed a petition to admit the purported will to probate. The trial court also denied the motion to set aside upon the finding that the defendant’s failure to file a responsive pleading was willful. After a trial on damages, the court invalidated a quitclaim deed, ordered the return of personal property, and awarded $48,500 in compensatory damages and $97,000 in punitive damages against the defendant. The court also ordered the sale of the decedent’s real property. This appeal followed. We affirm in part and vacate in part.

This is an appeal from a divorce proceeding. The mother appeals, arguing, among other things, that the trial court failed to properly apply the statutory best interest factors when making its parenting plan determination. Because of the lack of findings in the final decree, we vacate and remand for further proceedings.

Former Tennessee Supreme Court Justice Roger A. Page has joined Miles Mediation & Arbitration, an alternative dispute resolution (ADR) provider, as a full-time mediator and arbitrator. Page practiced law in Tennessee and Georgia from 1984 to 1998, before being elected as circuit judge in West Tennessee. During his time on the bench, he began handling Rule 31A, Section 16 judicial settlement conferences, participating in mediations involving medical malpractice, personal injury, construction, wrongful death and real estate disputes. He continued to handle judicial settlement conferences until he joined the Tennessee Court of Criminal Appeals in 2011. He joined the Tennessee Supreme Court in 2016 and served until last year. Page can be reached at 731-426-0861 and rpage@milesadr.com.

A Washington, D.C., based federal judge has temporarily blocked the Department of Justice (DOJ) from canceling $3.2 million in grants to the American Bar Association (ABA), Reuters reports. The grants have been used to train lawyers to represent victims of domestic and sexual violence since 1995 according to the group. In the opinion, Judge Christopher Cooper said, "The First Amendment injury is concrete and ongoing. The ABA regularly engages in protected expressive activity, and DOJ’s termination of its grants directly punishes that activity." The ABA sued the DOJ in April, claiming the agency illegally terminated the grants in retaliation for the association’s public criticism of the Trump administration.

The Nashville Predators have awarded a grant to the 23rd Judicial District Recovery Court to provide hockey and soccer equipment for the use of the children of Recovery Court participants during visitation days. “Reuniting families is a big part of what we do,” said Circuit and Recovery Court Judge Suzanne Lockert-Mash. “The recovery process includes getting parents involved in their children’s lives again. We appreciate the Nashville Predators for giving us the means to teach important parenting skills,” she said. The 23rd Judicial District Recovery Court is a collaborative link between the courts, prosecutors, public defenders, law enforcement, probation officers, treatment providers, social service agencies and community-based nonprofit organizations. The program serves the citizens of Dickson, Cheatham, Houston, Humphreys and Stewart counties. Read more in a press release from the team. See a photo from the donation handoff.

The TBA Young Lawyers Division continues its Rookie Series with a CLE on compassionate lawyering. This program introduces lawyers to the principles of compassionate lawyering and trauma-informed legal practice. Participants will explore how legal processes and environments can unintentionally retraumatize clients, particularly those from marginalized or vulnerable populations. Whether working in public interest, criminal defense, family law or corporate settings, lawyers can enhance their practice by recognizing the impact of trauma and approaching clients with compassion.The webcast will be held at noon CDT on Aug. 27. Learn more and register.

Make your hotel reservations now for the 2025 TBA Annual Convention in Nashville. The special TBA rate at the Franklin Marriott Cool Springs expires May 19. This year's convention, June 11-14, is packed with compelling programming, networking opportunities and social events. Make your reservation now!

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Nashville attorney Daniel Luther McMurtry died April 21 at age 55. McMurtry was born and raised in Nashville and earned his law degree from Mississippi College School of Law. He practiced law from 1997 until his death. A celebration of life will be held at a later date. The family requests that donations be made to an animal rescue organization of the donor’s choice.

The Tennessee Supreme Court reinstated Anderson County lawyer Robert Mike Sain to the practice of law effective May 9. The court issued notice of the reinstatement on May 13. The court previously had asked Sain to satisfy outstanding obligations with the Tennessee Commission on Continuing Legal Education, which he now has done. Sain was placed on inactive status more than five years ago, on Feb. 17, 2005.