In Re: Adoption of T.A.M. - Concurring ( 2004 )

IN THE COURT OF APPEALS OF TENNESSEE
AT NASHVILLE
Assigned on Briefs April 19, 2004
IN RE: ADOPTION OF T.A.M.
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No. M2003-02247-COA-R3-PT - Filed May 12, 2004
WILLIAM B. CAIN , J., concurring.
I disagree with the standard of review employed by the court in this case for the reasons
discussed at more length in In Re Z.J.S., No. M2002-02235-COA-R3-JV, 2003 WL 21266854, at
*18-22 (Tenn.Ct.App. June 3, 2003) (No Tenn. R. App. P. 11 application filed); Estate of Acuff v.
O’Linger, 56 S.W.3d 527, 533-37 (Tenn.Ct.App. 2001). I agree, however, that a review of the
evidence in the case discloses that the truth of the factual conclusions made by the trial are “highly
probable” and thus the clear and convincing evidence standard is met. Therefore, I concur with the
court’s decision to affirm the order terminating R.G.L.’s parental rights.
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WILLIAM B. CAIN, JUDGE