Opinion FlashApril 27, 2004
Volume 10 Number 081
Following this index are summaries of each case, including its name, first paragraph, author's name, and the names of attorneys for the parties of each opinion.This Issue (IN THIS ORDER):
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Howard H. Vogel
IN RE B.N.S. Court:TCA Attorneys: Marshall A. Raines, Jr., Jasper, Tennessee, for the appellant, K.D.S. Paul G. Summers, Attorney General and Reporter, and P. Robin Dixon, Jr., Assistant Attorney General, for the appellee, Tennessee Department of Children's Services. Judge: KOCH First Paragraph: This appeal involves the termination of the parental rights of a twelve-year-old child. The Hamilton County Juvenile Court placed the child in the custody of her uncle and aunt because she was chronically absent from school. The uncle and aunt later moved to Marion County. After the uncle and aunt decided that they no longer desired to have custody of the child, the Marion County Juvenile Court placed the child in the custody of the Department of Children's Services. Approximately fifteen months later, the Department filed a petition in the Marion County Juvenile Court to terminate the biological parents' parental rights. The juvenile court granted the termination petition after overruling the mother's objection that the petition should not have been filed in Marion County. The child's mother has appealed. We have determined that the order must be reversed because venue for this termination proceeding does not lie in Marion County. http://www.tba.org/tba_files/TCA/bns.wpd
ELIZABETH D. OLIVER v. MARC L. OLIVER Court:TCA Attorneys: Rosemary E. Phillips, Goodlettsville, Tennessee, for the appellant, Marc L. Oliver. Elizabeth D. Oliver, Nashville, Tennessee, Pro Se. Judge: KOCH First Paragraph: This appeal involves a father's effort to obtain primary physical custody of his now twelve-year-old daughter. Approximately three months after the parties' divorce, the father filed a petition in the Circuit Court for Davidson County seeking to hold the mother in criminal contempt for interfering with his visitation and for alienating their daughter. He later amended his petition to seek primary physical custody. Following a bench trial, the trial court held the mother in contempt but declined to change custody from the mother to the father. The father has appealed. We have determined that the trial court did not err by denying the father's petition to change custody. http://www.tba.org/tba_files/TCA/olivered.wpd
Constitutionality of Granting a Homestead Exemption Based on Age and Marital Status Date: April 23, 2004 Opinion Number: 04-076 http://www.tba.org/tba_files/AG/2004/op76.pdf
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