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Posted by: Tanja Trezise on Oct 24, 2013

Court: TN Court of Appeals

Attorneys 1:

Michael T. Fort, Franklin, Tennessee, for the appellant, Janek Pawlik.

Attorneys 2:

Audrey Dorrough Seamon, Nashville, Tennessee, for the appellee, Yenny Walker.

Judge(s): SWINEY

This appeal arises from the granting of an order of protection. Yenny Walker (“Walker”) dated Janek Pawlik (“Pawlik”). Walker broke off the relationship and later filed a petition for an order of protection against Pawlik. The general sessions court entered an order of protection. Pawlik appealed to the Circuit Court for Davidson County (“the Trial Court”). After a hearing, the Trial Court granted Walker an order of protection against Pawlik based on a finding of stalking. Pawlik appeals, arguing that the evidence preponderates against the Trial Court’s finding that he was stalking Walker. After reviewing the record, we find that the evidence does not preponderate against the Trial Court’s finding of stalking. Also, in keeping with Tenn. Code Ann. § 36-3-617 and relevant case law, we remand for the Trial Court to determine and award to Walker her reasonable attorney’s fees and costs incurred in defending this appeal. We affirm the Trial Court.