An introduction to a relatively new three-prong analysis of discretionary decisions, the purpose of which is to avoid result-oriented decisions or seemingly irreconcilable precedents.

Pursuant to this analysis, appellate courts review discretionary decisions to determine:

(1) whether the factual basis for the decisions properly supported by evidence in the record
(2) whether the trial court properly identified and applied the most appropriate legal principles
(3) whether the trial court’s decision was within the range of acceptable alternatives

You will also learn how the appellate court’s deference to a discretionary decision may depend on whether the trial court fails to comply with Tenn. R. Civ. P. 52.01 by not identifying specific subsidiary facts sufficient to disclose the steps by which the trial court reached its ultimate conclusion on each factual issue.

SAVE MONEY: Use the prepaid CLE credits that come with your TBA Complete Membership and take this course for free. Not a TBA member, join now to start saving.