Planned Parenthood Association v. McWherter

Court of Appeals of Tennessee

Planned Parenthood Association v. McWherter

Court of Appeals of Tennessee·Decided August 12, 1998·No. 01A01-9601-CV-00052·Published

Opinion

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE FILED PLANNED PARENTHOOD OF ) September 2, 1998 MIDD LE TE NNE SSEE , et al. ) ) Cecil W. Crowson Plaintiffs/Appellants, ) Appellate Court Clerk ) Davidso n Circuit VS. ) No. 92C-1672 ) DON SUNDQUIST, GOVERNOR ) OF THE STATE OF TENNESSEE, ) Appeal No. et al., ) 01A01-9601-CV-00052 ) Defendants/Appellees. )

ORDER ON PETITION FOR REHEARING

Anthony E. Trabue and Betty K. Neff have filed a Tenn. R. App. P. 39 petition for rehearing with regard to the portion of this court’s August 12, 1998 opinion reversing the trial court’s order awarding them $27,600 in attorney’s fees. We have carefully considered the arguments in the petition for rehearing and have again concluded that neither Tenn. R. Evid. 706(b) nor any other statute or rule provides a basis for requiring the parties to pay for the attorney’s fees voluntarily incurred by court-appointed experts. Accordingly, the trial court had no authority to require the state to pay either the $25,000 or the $2,600 in attorney’s fees it awarded to Drs. Trabue and Neff.

It is, therefore, ordered that the petition for rehearing be and is hereby respectfully denied.

_________________________________ HENRY F. TODD, PRESIDING JUDGE MIDDLE SECTION

_________________________________ SAMUEL L. LEWIS, JUDGE

_________________________________ WILLIAM C. KOCH, JR., JUDGE

Free access — add to your briefcase to read the full text and ask questions with AI

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE FILED PLANNED PARENTHOOD OF ) September 2, 1998 MIDD LE TE NNE SSEE , et al. ) ) Cecil W. Crowson Plaintiffs/Appellants, ) Appellate Court Clerk ) Davidso n Circuit VS. ) No. 92C-1672 ) DON SUNDQUIST, GOVERNOR ) OF THE STATE OF TENNESSEE, ) Appeal No. et al., ) 01A01-9601-CV-00052 ) Defendants/Appellees. )

ORDER ON PETITION FOR REHEARING

Anthony E. Trabue and Betty K. Neff have filed a Tenn. R. App. P. 39 petition for rehearing with regard to the portion of this court’s August 12, 1998 opinion reversing the trial court’s order awarding them $27,600 in attorney’s fees. We have carefully considered the arguments in the petition for rehearing and have again concluded that neither Tenn. R. Evid. 706(b) nor any other statute or rule provides a basis for requiring the parties to pay for the attorney’s fees voluntarily incurred by court-appointed experts. Accordingly, the trial court had no authority to require the state to pay either the $25,000 or the $2,600 in attorney’s fees it awarded to Drs. Trabue and Neff.

It is, therefore, ordered that the petition for rehearing be and is hereby respectfully denied.

_________________________________ HENRY F. TODD, PRESIDING JUDGE MIDDLE SECTION

_________________________________ SAMUEL L. LEWIS, JUDGE

_________________________________ WILLIAM C. KOCH, JR., JUDGE

Planned Parenthood Association v. McWherter, (Tenn. Ct. App. 1998).

Pincite

Planned Parenthood Association v. McWherter (Planned Parenthood Association v. McWherter) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.