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Posted by: Tanja Trezise on Dec 20, 2013

Court: TN Court of Appeals

Attorneys 1:

Robert H. Plummer, III, Franklin, Tennessee, for the appellant, Jennifer (Peterson) Marker.

Attorneys 2:

Allen Barnes, Hermitage, Tennessee, for the appellee, Michael Wayne Mezo.

Judge(s): DINKINS

Father filed petition to modify a parenting plan, asserting that a material change of circumstance had occurred since the entry of the original parenting plan and seeking to be named primary residential parent. At the close of Father’s proof, Mother moved to dismiss the petition on the ground that the evidence did not show a material change of circumstance; the court denied the motion and adjourned the hearing, expressing a desire to hear testimony from the child’s counselor and receive evidence regarding the child’s performance in school. Following the adjourned hearing, the court granted Father’s petition. Mother appeals, asserting that the court erred in denying the motion to dismiss and hearing further proof, in granting Father’s petition and in making certain evidentiary rulings. Father appeals the court’s award of attorney fees to Mother. We vacate the award of attorney fees and remand the case for entry of a supplemental order relative to the award; in other respects the judgment is affirmed.