Petitioners issue (Tennessee) · Go Syfert
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Petitioners issue in Tennessee

9 Tennessee opinions name it 3 courts 1920–2019 0 in the last five years

The cases below were cited by Tennessee courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
CHILDRENS v. Union Realty Co., Ltd.green
tennctapp · 2002 · cited in 1 Tennessee opinions naming this issue, 2018–2018
1 sentence

2018See Forbess v. Forbess, 370 S.W.3d 347 , 357 n.13 (Tenn. Ct. App. 2011) (citing Childress v. Union Realty Co., 97 S.W.3d 573, 578 (Tenn. Ct. App. 2002)).

11
Charlotte Scott Forbess v. Michael E. Forbessgreen
tennctapp · 2011 · cited in 1 Tennessee opinions naming this issue, 2018–2018
1 sentence

2018See Forbess v. Forbess, 370 S.W.3d 347 , 357 n.13 (Tenn. Ct. App. 2011) (citing Childress v. Union Realty Co., 97 S.W.3d 573, 578 (Tenn. Ct. App. 2002)).

11
In Re Estate of Ridleygreen
tenn · 2008 · cited in 1 Tennessee opinions naming this issue, 2017–2017
1 sentence

2017In In re Estate of Ridley, 270 S.W.3d 37, 41 (Tenn. 2008), relied upon by Conservator, our Supreme Court determined that the appellant had filed a “motion to set aside” in an effort to have the trial court “reconsider” (placed in quotes by the High Court) its denial of his prior “motion to alter or amend.” Inasmuch as Petitioners in this action were requesting that the trial court set aside and vacate the orders awarding attorney’s fees in their entirety and the trial court had ruled the orders to be final judgments, we determine that the trial court should have treated Petitioners’ motion as

11
Kevin Turner v. Stephanie D. Turnergreen
tenn · 2015 · cited in 1 Tennessee opinions naming this issue, 2017–2017
1 sentence

2017Moreover, our Supreme Court has held that the “reasonable time” requirement of Rule 60.02 “does not abrogate the longstanding rule that void judgments may be attacked at any time.” Turner, 473 S.W.3d at 279 (“The reasonable time filing requirement thus may not be applied to bar motions seeking relief from void judgments pursuant to Tennessee Rule 60.02(3).”).5 We therefore determine that to the extent that Petitioners’ motion to set aside and vacate the attorney’s fee orders was based on their argument that the judgments stemming from Conservator’s emergency motions were void for lack of notic

11
Kathryn A. Duke v. Harold W. Duke, IIIgreen
tennctapp · 2012 · cited in 1 Tennessee opinions naming this issue, 2017–2017
1 sentence

2017Duke v. Duke, 398 S.W.3d 665, 668 (Tenn. Ct. App. 2012).

11
Morton v. Mortongreen
tennctapp · 2005 · cited in 1 Tennessee opinions naming this issue, 2014–2014
2 sentences

2014We affirm the judgment of the Trial Court. 3 The second and final issue we address is Petitioners’ issue regarding whether this appeal is frivolous. “ ‘A frivolous appeal is one that is ‘devoid of merit,’ or one in which there is little prospect that [an appeal] can ever succeed.’ ” Morton v. Morton, 182 S.W.3d 821, 888 (Tenn.Ct.App.2005) (quoting Industrial Dev.

2014We affirm the judgment of the Trial Court.2 The second and final issue we address is Petitioners’ issue regarding whether this appeal is frivolous. “‘A frivolous appeal is one that is ‘devoid of merit,’ or one in which there is little prospect that [an appeal] can ever succeed.’” Morton v. Morton, 182 S.W.3d 821, 838 (Tenn. Ct. App. 2005) (quoting Industrial Dev.

11
INDUST. DEV. BD. OF TULLAHOMA v. Hancockgreen
tennctapp · 1995 · cited in 1 Tennessee opinions naming this issue, 2014–2014
2 sentences

2014Bd. of the City of Tullahoma v. Hancock, 901 S.W.2d 382, 385 (Tenn.Ct.App.1995)).

2014Bd. of the City of Tullahoma v. Hancock, 901 S.W.2d 382, 385 (Tenn. Ct. App. 1995)).

11
In Re Drinnongreen
tennctapp · 1988 · cited in 1 Tennessee opinions naming this issue, 2001–2001
1 sentence

2001It is well-established that "parents have a fundamental right to the care, custody, and control of their children." In re Drinnon, 776 S.W.2d 96, 97 (Tenn. Ct. App. 1988) (citing Stanley v. Illinois, 405 U.S. 645 , 92 S.Ct. 1208 , 31 L.Ed.2d 551 (1972)).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
In Re Audrey S. green
tennctapp · 2005
1 sentence

2019Additionally, acting under the authority in In re Audrey S., 182 S.W.3d at 861 and In re Jaylah W., 486 S.W.3d at 555 , we remand Petitioners’ claim that Mother abandoned the Child by willfully failing to visit during the four months before the petition was filed, with instructions for the trial court to make “specific findings of fact and conclusions of law,” as required by Tenn. Code Ann. § 36-1-113 (k).

12019–2019
In re Jaylah W. green
tennctapp · 2015
1 sentence

2019Additionally, acting under the authority in In re Audrey S., 182 S.W.3d at 861 and In re Jaylah W., 486 S.W.3d at 555 , we remand Petitioners’ claim that Mother abandoned the Child by willfully failing to visit during the four months before the petition was filed, with instructions for the trial court to make “specific findings of fact and conclusions of law,” as required by Tenn. Code Ann. § 36-1-113 (k).

12019–2019
In Re Adoption of A.M.H. green
tenn · 2007
1 sentence

2017The Supreme Court has held that “a parent who attempted to visit and maintain relations with his child, but was thwarted by the acts of others and circumstances beyond his control, did not willfully abandon his child.” In re A.M.H., 215 S.W.3d at 810 (citing Swanson, 2 S.W.3d at 189 ).

12017–2017
In Re Swanson green
tenn · 1999
1 sentence

2017The Supreme Court has held that “a parent who attempted to visit and maintain relations with his child, but was thwarted by the acts of others and circumstances beyond his control, did not willfully abandon his child.” In re A.M.H., 215 S.W.3d at 810 (citing Swanson, 2 S.W.3d at 189 ).

12017–2017
Stanley v. Illinois green
scotus · 1972
2 sentences

2001It is well-established that "parents have a fundamental right to the care, custody, and control of their children." In re Drinnon, 776 S.W.2d 96, 97 (Tenn. Ct. App. 1988) (citing Stanley v. Illinois, 405 U.S. 645 , 92 S.Ct. 1208 , 31 L.Ed.2d 551 (1972)).

2001It is well-established that "parents have a fundamental right to the care, custody, and control of their children." In re Drinnon, 776 S.W.2d 96, 97 (Tenn. Ct. App. 1988) (citing Stanley v. Illinois, 405 U.S. 645 , 92 S.Ct. 1208 , 31 L.Ed.2d 551 (1972)).

12001–2001
Brady v. Maryland green
scotus · 1963
1 sentence

1998In this appeal of right, the petitioners claim that they are entitled to a new trial or reduction in sentence because the state suppressed exculpatory evidence in violation of Brady v. Maryland, 373 U.S. 83 (1963).

11998–1998
Frazier v. State green
tenn · 1906
1 sentence

1920In our opinion this instruction was more favorable to the petitioners than they could claim under the decision of this court in Frazier v. State, 117 Tenn., 430 , 100 S. W., 94 .

11920–1920

Statutes the citing opinions construe

TN § Tenn. Code Ann. § 36-1-102 (4) TN § Tenn. Code Ann. § 36-1-113 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 115 (1880–2024) PA 53 (1945–2026) CA 41 (1939–2025) WV 33 (2002–2025) FL 28 (1957–2023) MD 25 (1972–2022) NM 20 (2003–2025) CO 18 (1979–2018) IL 18 (1941–2021) SC 13 (1990–2025) OR 12 (1894–2025) WA 11 (1977–2021) HI 11 (1910–2026) AL 10 (1980–2016) MA 9 (1903–2018) UT 9 (1926–2022) TN 9 (1920–2019) DE 9 (2017–2021) AZ 8 (1986–2026) OK 7 (1931–2023) GA 7 (1939–2022) TX 7 (1961–2015) DC 7 (1979–2018) ME 7 (2002–2026) VT 6 (1895–2001) NC 6 (2007–2025) KY 6 (1936–2022) WI 6 (1962–2021) ND 5 (2007–2024) CT 5 (1857–2002) VA 5 (1861–2014) NH 5 (1998–2018) MI 4 (1904–2015) MT 4 (1983–2014) OH 4 (1936–2008) RI 4 (1965–2006) ID 4 (1910–2024) IN 3 (1992–2015) KS 3 (1969–2009) MN 2 (1965–1975) AR 2 (1976–1988) NJ 2 (1934–2001) MS 2 (2009–2011) MO 2 (1985–1986) LA 2 (1918–1954)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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