In re Tianna B. - Concurring In Part and Dissenting In Part (Concurring/Dissenting)

Annotate this Case

Court Description:

Authoring Judge: Judge Charles D. Susano, Jr.

Trial Court Judge: Judge Robert D. Philyaw

I concur completely in the majority s opinion terminating the parental rights of Myron J. T. based upon the provisions of Tenn. Code Ann. 36-1-113(g)(1) and 36-1-102(1)(A)(i). I dissent from so much of the majority s decision as holds that father does not fall within the ambit of Tenn. Code Ann. 36-1-113(g)(9)(A) and 36-1-117(c). I would hold that father is within the class of persons covered by these latter two statutes. On this point, I adhere to the majority opinion authored by me in the case of In re F.N.M., No. M2015-00519-COA-R3-PT, 2016 WL 3126077 (Tenn. Ct. App., filed Apr. 11, 2016).

Download PDF

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs June 2, 2016 IN RE TIANNA B. Appeal from the Hamilton County Juvenile Court No. 263525 Robert D. Philyaw, Judge ________________________________ No. E2015-02189-COA-R3-PT FILED-JULY 6, 2016 _________________________________ CHARLES D. SUSANO, JR., J., concurring in part and dissenting in part. I concur completely in the majority’s opinion terminating the parental rights of Myron J. T. based upon the provisions of Tenn. Code Ann. § 36-1-113(g)(1) and § 36-1102(1)(A)(i). I dissent from so much of the majority’s decision as holds that father does not fall within the ambit of Tenn. Code Ann. § 36-1-113(g)(9)(A) and § 36-1-117(c). I would hold that father is within the class of persons covered by these latter two statutes. On this point, I adhere to the majority opinion authored by me in the case of In re F.N.M., No. M2015-00519-COA-R3-PT, 2016 WL 3126077 (Tenn. Ct. App., filed Apr. 11, 2016). _______________________________ CHARLES D. SUSANO, JR., JUDGE

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.