In Re Carter B.
M2016-01438-COA-R3-JV
| Tenn. Ct. App. | Dec 12, 2017Background
- Child adjudicated dependent and neglected after law enforcement found a meth lab, marijuana, and paraphernalia in a camper where the child was present; parents were incarcerated and child had been placed with maternal grandmother.
- Juvenile court initially placed the child with grandmother; DCS later took custody and worked with grandmother to prepare her home.
- DCS moved for a 90-day trial home visit under Tenn. Code Ann. § 37-1-130(d); juvenile court denied, DCS appealed to the trial court.
- Trial court granted the 90-day trial home visit, found grandmother’s home suitable, and scheduled a review hearing near the end of the 90 days; the order did not state final-judgment language under Tenn. R. Civ. P. 54.02.
- The guardian ad litem appealed the trial court’s order; the child’s mother moved to dismiss the appeal, arguing the order was not a final, appealable judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an order granting a 90-day trial home visit under Tenn. Code Ann. § 37-1-130(d) is a final, appealable judgment | GAL (appellant) treated the trial court’s order as final and appealed it as of right | Mother (appellee) argued the order is interlocutory/nonfinal and not appealable, citing continuing statutory review and the court’s retained authority | The court held the trial home visit order is not a final judgment and dismissed the appeal |
Key Cases Cited
- Ball v. McDowell, 288 S.W.3d 833 (Tenn. 2009) (defines final judgment as resolving all parties’ claims)
- Davis v. Davis, 224 S.W.3d 165 (Tenn. Ct. App. 2006) (final judgment leaves nothing else for the trial court to do)
- Shofner v. Shofner, 181 S.W.3d 703 (Tenn. Ct. App. 2004) (trial court retains control until judgment is final)
- In re Estate of Henderson, 121 S.W.3d 643 (Tenn. 2003) (interlocutory orders generally not appealable as of right)
- Born Again Church & Christian Outreach Ministries, Inc. v. Myler Church Bldg. Sys. of the Midsouth, Inc., 266 S.W.3d 421 (Tenn. Ct. App. 2007) (discusses transfer of jurisdiction to appellate court upon filing of notice of appeal)