March 2–8, 2026
Intermediate Scrutiny—a Tennessee Court of Appeals blog—is a snappy weekly newsletter from Tennessee appellate attorney Daniel A. Horwitz summarizing the week’s decisions from the Tennessee Court of Appeals. To subscribe, click here. Past newsletters can be found here.
- Tennessee Court of Appeals: Absent prior warning to Client or proof that Client’s representation had been rendered unreasonably difficult by Client’s behavior, a trial court ought not allow counsel to withdraw. And because the trial court did that here, Client’s adverse judgment in a parental rights termination case is vacated.
- Tennessee Court of Appeals: Given that we have instructed trial courts to issue their own written findings and make conclusions of law when reviewing magistrate decisions, trial courts also ought not ignore tenable arguments and “rubber-stamp” magistrate determinations—even when those determinations are subject to review for abuse of discretion.
- Pro Se Appellant appeals an order denying a motion to reconsider. Tennessee Court of Appeals (Memorandum Opinion): Notices of appeal have to be filed within 30 days, so an appeal filed on day 84 won’t hunt. And a notice of appeal filed in the trial court has been a nullity since 2018, so that won’t save it, either. Thus, Pro Se Appellant’s appeal is dismissed.
Firm Updates
If scholarship on waiver rules in Tennessee appellate practice is your bag, don’t miss your Summarist’s feature article in the Tennessee Bar Journal this month! It’s here: https://www.tba.org/?pg=Articles&blAction=showEntry&blogEntry=139275
Alternatively, if scholarship on the Tennessee Public Participation Act is your bag, don’t miss the first edition of your Summarist’s new TPPA whitepaper: The Tennessee Public Participation Act Almanac. It’s great.
