                IN THE COURT OF APPEALS OF TENNESSEE
                            AT NASHVILLE
                           Assigned on Briefs January 7, 2004

                                          IN RE S.M.

                                    ________________________

                  No. M2003-00422-COA-R3-PT - Filed January 15, 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). However, I would reach the same result
employing the standard of review recited in Acuff v. O’Linger, 56 S.W.3d 527 at 537. Therefore,
I concur with the court’s decision to reverse the order terminating R.G.L.’s parental rights.




                                                     __________________________________
                                                     WILLIAM B. CAIN, JUDGE
