IN RE CONSERVATORSHIP FOR WILLIAM J. ALLEN (Tenn. Ct. App. December 29, 2010)
In this conservatorship action, we granted the application of Jay R. Slobey, James A. Freeman, III and Megan E. Livingstone, all attorneys, for a Tenn. R. App. P. 10 extraordinary appeal seeking relief with respect to two interlocutory orders of the trial court.
The orders are:
(1) one prohibiting attorneys with the law firm of James A. Freeman & Associates, P.C. from representing William J. Allen ("the Ward"); and
(2) another appointing attorney David L. Robbins as "Attorney ad Litem" but requiring him to perform duties "pursuant to T.C.A. section 34-1-107," a statute dealing with guardians ad litem.
After this appeal was granted, the trial court entered an order purporting to "amend its order . . . which appoints David L. Robbins to serve as Attorney ad Litem pursuant to Tenn. Code Ann. section 34-1-107 . . . to reflect that David L. Robbins is to serve . . . pursuant to Tenn. Code Ann. section 34-1-125," a statute pertaining to attorneys ad litem. The court"s amending order is also being challenged.
We (a) affirm the order prohibiting the representation of the Ward by attorneys from the law firm of James A. Freeman & Associates P.C., and (b) vacate the order appointing Mr. Robbins and the later order purporting to amend the order of appointment.
Opinion available at:
http://www.tba2.org/tba_files/TCA/2010/allenw_122910.pdf
