legal drafter, carefully stating the issue presented for review to both preserve the issue for appeal and advocate for your client at the same time.
ABOUT THE AUTHOR Mary L. Wagner is an associate with Rice, Amundsen & Caperton PLLC, where she focuses on general civil litigation and serves as Chair of the firm’s Appellate Practice Group. Wagner graduated Magna Cum Laude from the University Of Memphis School Of Law in 2009. While in law school, Wagner served as a Notes Editor on the University of Memphis Law Review. During her third year of law school, Wagner clerked for the Honorable Robert L. Childers, Division IX of the Shelby County Circuit Court. Following law school, Wagner served as law clerk to the Judge J. Steven Stafford of the Tennessee Court of Appeals. Wagner is also a member of the Tennessee Bar Association and serves on the Executive Council of the Appellate Practice Section.
In her spare time, Wagner works
as an Adjunct Legal Methods Professor for the University Of Memphis School Of Law.
_________________________________________
1 Paternity fraud is not necessarily a new tort. As explained by the Court, it is simply a claim for intentional misrepresentation, a longstanding tort action in Tennessee. Te Court declined to allow a claim based upon negligent misrepresen- tation. Hodge v. Craig, 382 S.W.3d 325, 342-46 (Tenn. 2012).
2 Id. at 334-37. See also In re Estate of Wilson, No. W2012-01390-COA-R3-
CV, 2013 Tenn. App. LEXIS 46 (Tenn. Ct. App. January 30, 2013). 3 Id. at 336-37. 4 Id. at 337. 5 Id. 6 Id. at 334 (citing Antonin Scalia & Bryan A. Garner, Making Your Case: Te
Art of Persuading Judges 83 (2008); David E. Sorkin, Make Issue Statements Work for You, 83 Ill. B.J. 39, 39 (Jan. 1995)).
7 Tenn. R. App. P. 27(a). 8 See e.g. Mobly v. State, 397 S.W.3d 70, 105 (Tenn. 2013); Moncier v. Bd. Of
Prof’l Responsibility, 406 S.W.3d 139, FN1 (Tenn. 2013); King v. Anderson Cnty, 2013 Tenn. LEXIS 989, FN18 (Tenn. 2013); Lovelace v. Copley, 2013 Tenn. LEXIS 718, FN6 (Tenn. 2013); Shore v. Maple Lane Farms LLC., 2013 Tenn. LEXIS 644, FN6 (Tenn. 2013); In Re Estate of Wilson, 2013 Tenn. App. LEXIS 46, *12 (Tenn. Ct. App. January 30, 2013); Irvin v. Irvin, No. M2011-024240COA-R3-CV, 2012 Tenn. App. LEXIS 841, FN 20 (Tenn. Ct. App. Nov. 30, 2012).
9 Hodge, 382 S.W.3d at 335 (citing Fahey v. Eldridge, 46 S.W.3d 138, 143-44
(Tenn. 2001); State v. Williams, 914 S.W.2d at 948)). 10 Tenn. R. App. P. 27(b); Hodge, 382 S.W.3d at 335. 11 Tenn. R. App. P. 27(b); Hodge, 382 S.W.3d at 335. 12 Hodge, 382 S.W.3d at 334(citing Bryan A. Garner, Garner on Language
and Writing 115 (2009); Robert L. Stern, Appellate Practice in the United States § 10.9, at 263 (2d ed. 1989)).
13 Estate of Rogers v. Comm’r, 320 U.S. 410, 413 (1943).
14 Hodge, 382 S.W.3d at 334. 15
Id. (citing Judith D. Fischer, Got Issues? An Empirical Study About
Framing Tem, 6 J. Ass’n Legal Writing Directors 1, 25 (2009)). 16
State v. Williams, 914 S.W.2d 940, 948 (Tenn. Crim. App. 1995); see
also Karl N. Llewellyn, A Lecture on Appellate Advocacy, 29 U. Chi. L. Rev. 627, 630 (1962).
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