In Re Nevaeh B. - Dissent

Case Number
W2016-01769-COA-R3-PT

The majority opinion dismisses this appeal due to the failure of the appellant, Makayla B., the child’s mother, to sign the notice of appeal as required by Tenn. Code Ann. § 36-1-124(d). The majority has concluded, “[i]n the absence of full compliance with the statutory requirements, this Court does not have subject-matter jurisdiction over the appeal.” I recognize that the majority opinion is based on a prior Court of Appeals decision, but I respectfully disagree with the decision and the notion that Tenn. Code Ann. § 36-1-124(d) is jurisdictional or that the statute compels this court to dismiss appeals in parental termination cases when the parent fails to sign the notice of appeal without affording the parent the opportunity to cure the defect.

Authoring Judge
Presiding Judge Frank G. Clement, Jr.
Originating Judge
Judge Van McMahan
Case Name
In Re Nevaeh B. - Dissent
Date Filed
Dissent or Concur
This is a dissenting opinion
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