Subtitle: Tennessee Appellate Standards of Review in Civil Cases
What Are "Standards of Review?"
Introduction
Forward by the Hon. William C. Koch, Jr. (Ret.)
How To Use This Book
About the Editor - John A. Day
Administrative Proceedings
Review of Administrative Decisions Generally
Review of Attorney Disciplinary Proceedings
Review of Forfeiture Proceedings
Permit Reviews
Arbitration
Motion to Compel Arbitration
Arbitration Generally
Appeal
Editor's Note About this Chapter
Abuse of Discretion, Meaning of
Alternative Independent Bases for Trial Court Ruling
Appellee's Right to Raise Issues on Appeal
Certified Questions of Law from Federal Court
Citation to the Record, Failure of a Party To Do So.
Dismissal Due to Inadequate Briefing
Law of the Case Doctrine
Credibility of Witnesses - Deferral to Trial Court When It Is Trier of Fact
Extraordinary Appeal
Failure of Party to Make or Develop Argument
Failure to Provide Transcript or Statement of the Evidence
Frivolous Appeals
Interlocutory Appeal
Mootness
Preparation of Record by Appellant
Pro Se Litigants, Review of Appeals Involving
Subject Matter Jurisdiction over Appeal
Supplement Record, Motion to
Waiver, Failure of Appellate to Include Issue in Statement of Issues
Waiver, Failure to Raise Issue in Court Below
Waiver - Inadequate Briefing
Disqualification of Attorney
Attorneys' Fees
Attorneys' Fees - Family Law (Domestic) Cases
Attorneys' Fees - Recoverability Under Contract
Attorneys' Fees - Review of Amount Awarded
Attorneys' Fees - Recoverability Under Statute
Attorneys' Fees - Recoverability Under Tennessee Public Records Act
Attorneys' Fees - Recoverability in Trust Administration Action Under Tenn. Code Ann. Sec. 35-15-1004
Attorneys' Fees- Repayment by Estate
Attorney-Client Privilege
Attorney-Client Privilege Generally
Attorney Client Privilege, Waiver of
Certiorari
Writ of Certiorari, Generally
Writ of Certiorari, Findings of Fact and Conclusions of Law
Claims Commission
Claims Commission - Findings of Fact and Conclusions of Law
Evidentiary Rulings
Class Certification
Class Certification, Review of Order Granting
Commercial / Business Litigation Issues
Goods, Definition of Under the TCPA
Duty to Mitigate Damages
Formation of a Contract
Interpretation of Contract
Valuation of Shares of Stock
Common Law
Changes to Common Law
Contempt
Civil Contempt, Generally
Criminal Contempt Generally
Criminal Contempt - Length of Sentence
Damages
Damages Generally
Punitive Damages
Delinquency
Delinquency, Adjudication of
Declaratory Judgments
Declaratory Judgments, Generally
Declaratory Judgments - Indispensable Party
Domestic (Family Law) Cases
Alimony In Futero
Alimony In Solido
Alimony Generally
Child Custody / Parenting Plan / Material Change in Circumstances
Child Support Determinations
Classification and Distribution of Assets
Dependency and Neglect
Grandparent Visitation
Income Determination for Child Support Purposes
Jurisdiction, UCCJEA
Marital Dissolution Agreements
Marital Estate, Division of
Parent / Child Relocation over Objection
Prenuptial Agreements, Validity of
Valuation of Property
Experts
Decision to Exclude Expert
Substitute Expert, Motion to
Weight Given to Expert Testimony
Health Care Liability
Certificate of Good Faith Generally
Certificate of Good Faith – Extension of Time to File
Common Knowledge Exception, Application of
"Extraordinary Cause"
Pre-suit Notice Requirement
Expert Issues
Injunctions
Temporary Injunction - Generally
Temporary Injunction - Likelihood of Success on the Merits
Estoppel
Judicial Estoppel
Insurance-Related Litigation
Interpretation of Insurance Policy
Rebuttable Presumption under Tenn. Code Ann. Sec. 56-7-135(a)
Laches
Laches, Application of
Limitation of Actions
Discovery Rule
Limitation of Actions, Generally
Mandamus
Mandamus, Grant of Writ of
Minors (Other Than Domestic-Related Matters)
Settlement of Claims - Determination of "Best Interest"
Order of Protection
Order of Protection Generally
Pleading, Discovery, and Pretrial Motion Practice (excluding Motions in Limine)
Amend Pleadings, Motion to
Default Judgment, Motion to Set Aside
Discovery Orders
Dismiss, Motion to (Failure to State a Claim)
Dismiss, Motion to (on Personal Jurisdiction)
Dismiss, Motion to (on Standing)
Dismiss, Motion to (on Subject Matter Jurisdiction)
Dismiss, Motion to (Venue or Transfer)
Extend or Enlarge Time, Motion to
Intervene, Motion to
Involuntary Dismissal
Judgment on the Pleadings, Motion for
Local Rule, Failure to Follow
Recusal Motion - Court's Review of Record
Recuse, Motion to
Stay, Motion to
Strike, Motion to
Substitute Parties, Motion to
Summary Judgment
Venue, Whether Case Should be Transferred or Dismissed if Venue is Inappropriate
Probate and Estate-Related Cases
Ademption by Extinction
Undue Influence
Will, Construction of
Post-Trial and Post-Judgment Matters
Alter or Amend Judgment, Motion to (Rule 59.04)
Discretionary Costs
Full Faith and Credit (Foreign Judgment)
New Trial, Motion for
Preclusive Effect of a Final Order
Prejudgment Interest
Rule 60.02 Motion
Rule 60.02(3) Motion (Judgment Void)
Rule 60.02(5)
Rule 54.02 Motion (To Reconsider Entry of Summary Judgment)
Real Estate Litigation
Adverse Possession
Boundary Line Disputes – Construction of Deeds and other Instruments
Boundary Line Disputes – Findings of Fact
Real Estate - Leinholders, Priority of Rights When Facts Are Not in Dispute
Restrictive Covenants (and Amendments Thereto)
Res Judicata
Res Judicata, Doctrine of
Rules of Civil Procedure, Interpretation of
Interpretation of Rules of Civil Procedure
Statutes and Municipal Codes, Construction of
Constitutionality
Construction / Interpretation of Municipal Legislation
Construction / Interpretation of Statutes
Interpretation of Constitution
Sanctions
Discovery-Related Sanctions
Sanctions Other Than Discovery Sanctions
Termination of Parental Rights
Finding of “Severe Child Abuse”
Termination of Parental Rights Generally
Termination of Parental Rights - Need to Review All Grounds for Termination
Termination of Parental Rights- Service by Publication
Tenure Act
Teacher, Review of Decision to Transfer
Torts (other than Health Care Liability)
Duty
Economic Loss Doctrine
Trial-Related Issues (Including Motions in Limine)
Credibility of Witnesses in a Non-jury Hearing
Deposition, Use of because of Unavailability of Witness
Directed Verdict
Documentary Evidence Only (Review of Findings)
Evidence, Admissibility Determinations Generally
Evidence, Hearsay
Facts of Fact and Conclusions of Law - Omitted or Inadequate
Findings of Fact and Conclusions of Law, Review of (Jury Matters)
Findings of Fact and Conclusions of Law, Review of (Non-Jury Matters)
Jury Instructions
Jury Verdict - Review by Appellate Court
Motions in Limine
Motion to Re-Open Proof After Evidence is Closed But Before Judgment is Entered
Request for Accounting
Special Master, Findings of
Zoning Ordinance
Zoning Ordinance, Review of
Unemployment Claims
Unemployment Claim - Review of Denial
Tennessee Public Participation Act
Generally
