Minors (Other Than Domestic-Related Matters)

Settlement of Claims – Determination of “Best Interest”

Except as indicated, all indented material is copied directly from the court’s opinion. 

Decisions of the Tennessee Supreme Court

Decisions of the Tennessee Court of Appeals

 

In re Conservatorship of John Bruce Wilson, Jr,  No. M2021-00145-COA-R3-CV (Tenn. Ct. App. Mar. 15, 2022).

A court’s determination of a ward’s best interests is reviewed under an abuse of discretion standard. In re Conservatorship of Muldoon, No. E2019-01621-COA-R3-CV, 2020 WL 3469192, at *3 (Tenn. Ct. App. June 25, 2020) (citing Crumley v. Perdue, No. 01-A-01-9704-CH00168, 1997 WL 691532, at *2 (Tenn. Ct. App. Nov. 7, 1997)). “An abuse of discretion occurs when a court strays beyond the applicable legal standards or when it fails to properly consider the factors customarily used to guide the particular discretionary decision.” Lee Medical Inc. v. Beecher, 312 S.W.3d 515, 524 (Tenn. 2010) (citing State v. Lewis, 235 S.W.3d 136, 141 (Tenn. 2007)). Thus, a court abuses its discretion “when it ‘applie[s] an incorrect legal standard, or reache[s] a decision which is against logic or reasoning that cause[s] an injustice to the party complaining.’” Eldridge v. Eldridge, 42 S.W.3d 82, 85 (Tenn. 2001) (alterations in original) (quoting State v. Shirley, 6 S.W.3d 243, 247 (Tenn. 1999)). “The abuse of discretion standard does not permit the appellate court to substitute its judgment for that of the trial court.” Id. (citing Myint v. Allstate Ins. Co., 970 S.W.2d 920, 927 (Tenn. 1998)).

 

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