In Re Homer D.
Syllabus
This is a termination of parental rights case. Upon the trial court's entry of an order terminating her parental rights, Appellant filed a timely notice of appeal. However, Appellant did not comply with Tennessee Code Annotated Section 36-1-124(d) (Supp. 2016) in that she failed to sign the notice of appeal. Although Appellant attempted to correct the error by filing an amended notice of appeal, the amended notice was filed after the thirty day time period for perfecting appeals had expired. As such, this Court lacks subject-matter jurisdiction to adjudicate the appeal, and it is dismissed with prejudice.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that the 6 Navajo Transitional Energy Company was an arm of the Navajo Nation in part because it 7 was organized under Navajo law and wholly owned by the Navajo Nation
- holding the federal government did not 17 adequately represent a Navajo Nation corporation in an environmental suit under the 18 Administrative Procedures Act for the purposes of Rule 19
- holding a challenge to the coal mining activities conducted by a tribal-owned corporation 10 warranted intervention because it had a legally protectable interest which could be impacted by 11 the litigation
- holding that the 5 Government cannot represent the interests of a tribe where the Government does not have 6 an interest in the outcome of an approval given to a tribe, even though it does have an 7 interest in defending the analysis that led to the approval
- plaintiffs were 8 “challenging a variety of agency actions that reauthorized coal mining activities on land 9 reserved to the Navajo Nation”
- affirming 16 wholly-owned corporation is an arm of the tribe
Source: CourtListener parenthetical corpus (CC0).
Judges: Judge Arnold B. Goldin
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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