Tennessee Code 54-12-302 – Vacancy, filling – Removal of director – Appeal from order of removal – Appeal bond – Hearing anew in circuit court – Appointment of another
(a) If there is a vacancy in the office of the director appointed pursuant to § 54-12-301 because of death, resignation or any other reason, the monthly county court shall appoint another director of like qualifications to fill the vacancy until the end of the two-year term.
Terms Used In Tennessee Code 54-12-302
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
(b) For sufficient reason, the monthly county court may remove an appointed director, but not until the director has had at least five-days’ notice of the time of the hearing and of the grounds for removal as alleged, and the director shall thus be entitled to be heard and to introduce proof upon the issue as to whether removal should be undertaken.(c) If, on hearing, the decision of the monthly county court is that the director be removed, the director may appeal from the decision, upon giving proper cost bond, to the circuit court of the county where the matter shall be heard anew and judgment given as that court deems just and proper.(d) If a director is removed, the monthly county court shall appoint another to serve the remainder of the two-year term, having like qualifications as to ownership of lands, etc., as provided in § 54-12-301.
