In Re: Madelanie Redman, Ray & Martha Bowen v. Nathan Redman

Opinion

IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE May 13, 2002 Session

IN RE: MADELAINE SIERRA REDMAN, RAY H. BOWEN, JR., and MARTHA L. BOWEN v. NATHAN SCOTT REDMAN

Appeal from the Circuit Court for Hawkins County No. 9578

FILED JULY 22, 2002

No. E2001-02730-COA-R3-CV

CHARLES D. SUSANO, JR., J., concurring.

I concur in Judge Franks’ opinion. In doing so, I note the correctness of Judge Franks’ statement that “[t]he father does not argue that the statute [i.e., T.C.A. §§ 36-6-306 and -307] relied upon by the Trial Court is unconstitutional.” The record is clear that the Attorney General was not put on notice of a constitutional challenge. See Tenn. R. Civ. P. 24.04. In concurring in the majority opinion, I adhere to the thoughts expressed by me in Dugan v. Myers, C/A No. E2001-00281-COA- R3-JV, 2001 Tenn. App. LEXIS 716 (Tenn. Ct. App. E.S., filed September 24, 2001) (Susano, J., concurring), no perm. app. requested, and Terry v. Botts, C/A No. E2000-01288-COA-R3-CV, 2001 Tenn. App. LEXIS 103 (Tenn. Ct. App. E.S., filed February 22, 2001) (Susano, J., concurring), no perm. app. requested.

___________________________________ CHARLES D. SUSANO, JR., JUDGE