# State Department of Human Services v. Defriece

> Court of Appeals of Tennessee · October 4, 1996 · 937 S.W.2d 954

URL: https://www.frixlaw.com/law-library/cases/9676219

## Case

- **Full name:** STATE of Tennessee DEPARTMENT OF HUMAN SERVICES, Petitioner-Appellee, and William D. Gardner and Joann Gardner, Intervening Petitioners-Appellees, v. Dana D. DEFRIECE, Respondent-Appellant. in the Matter of John DEFRIECE, a Minor
- **Court:** Court of Appeals of Tennessee
- **Decided:** October 4, 1996
- **Citations:** 937 S.W.2d 954; 1996 Tenn. App. LEXIS 639
- **Precedential status:** Published
- **Opinion:** Concurrence by Goddard
- **Judges:** Susano, Goddard, Franks
- **Cited by:** 127 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9676219

## How later opinions describe it (automated extraction)

- stating that decision reversing a trial court's termination of parental rights was influenced by evidence of improvement in mother's ability to provide a stable environment for child
- stating that decision reversing trial court’s termination of parental rights was influenced by evidence of improvement in mother’s ability to provide a stable environment for child
- holding that “[i]t is well-settled that issues not raised at trial may not be raised for the first time on appeal”

## Opinion text

GODDARD, Presiding Judge,
concurring.
I concur in the majority opinion that not all of the circumstances necessary to terminate parental rights have been shown by clear and convincing evidence.
I write separately to emphasize that I do not — and I am sure the majority of the members of the Court do not — condone the unmarried Mother living with Mr. Blackwell, and suggest that continuance of such a relationship does not advance her goal to be reunited with her child.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9676219. Public record. Not legal advice.