Case Number
M2004-02377-COA-R3-PT
I continue to disagree with the standard of review employed by the Court in this case for reasons discussed at length in In Re Z.J.S. No. 2002-02235-COA-R3-JV, 2003 WL 21266854 at *18-22 (Tenn.Ct.App.June 3, 2003) (no Tennessee Rule of Appellate Procedure 11 application filed) and Estate of Acuff v. O’Linger, 56 S.W.3d 527, 533-37 (Tenn.Ct.App.2001). A preponderance of the evidence standard is inconsistent and irreconcilable with a clear and convincing evidence standard either in the trial court or on appeal.
Originating Judge
Judge Samuel E. Benningfield
Case Name
In Re M.J.M., Jr., L.P.M., & C.A.O.M. - Concurring
Date Filed
Dissent or Concur
No
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