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Posted by: Tanja Trezise on Mar 28, 2013

Court: TN Court of Appeals

Attorneys 1:

Jason D. Nowlin and Rachael E. Putnam, Memphis, Tennessee for Petitioner/1 Appellant, Laura Nicole Harbin

Attorneys 2:

Brice M. Timmons, Memphis, Tennessee for Respondent/Appellee, Casey Parker Jones

Judge(s): KIRBY

This appeal involves a post-divorce order of protection. Several years after the parties’ divorce in another state, the appellant mother obtained an order of protection against the appellee father in a Tennessee general sessions court, to restrict his contact with her and the parties’ minor child. The parties’ out-of-state divorce decree was enrolled in the Tennessee chancery court, where the mother also sought a continued order of protection, contempt relief, and modification of the parties’ parenting arrangement. All matters, including the general sessions order of protection, were consolidated in the Tennessee chancery court. The chancery court held a hearing on the order of protection. It declined to extend the order of protection and dissolved it. All other matters before the chancery court remained pending. The mother filed a notice of appeal to this Court. We hold that the dissolution of the order of protection, with other matters still pending, is not a final and appealable judgment. We dismiss the appeal for lack of appellate jurisdiction, and remand to the chancery court.