In Re Guardianship of Beatrice Rose Malone - Dissenting

Case Number
M2023-01353-COA-R3-CV

For disobedience of or resistance to a court order to constitute contempt, four elements must be satisfied.  Konvalinka v. Chattanooga–Hamilton Cty. Hosp. Auth., 249 S.W.3d 346, 354 (Tenn. 2008); see Tenn. Code Ann. § 29-9-102(3) (2024) (defining the scope of a court’s contempt power).  This case turns on the second of the four: whether “the order alleged to have been violated . . . [was] clear, specific, and unambiguous.”  Konvalinka, 249 S.W.3d at 354.  Because the order here was not sufficiently specific to support the finding of contempt, I would reverse.

Authoring Judge
Judge W. Neal McBrayer
Originating Judge
Judge Amanda Jane McClendon
Date Filed
Dissent or Concur
This is a dissenting opinion