KATHRYNE B. F. v. MICHAEL B. - Articles

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Posted by: Tanja Trezise on Mar 13, 2014

Head Comment: With concurring opinion.

Court: TN Court of Appeals

Attorneys 1:

Mitzi C. Johnson, Collierville, Tennessee, for the appellant, Kathryne B. F.

Attorneys 2:

David F. Kustoff, Memphis, Tennessee, for the appellee, Michael B.

Judge(s): STAFFORD

In this post-divorce case, Mother/Appellant appeals the trial court’s grant of Father/Appellee’s motion for involuntary dismissal of her petition to be named the primary residential parent of the parties’ child. Implicitly finding that there has not been a material change in circumstances since the entry of the last custodial order, the trial court granted Father’s Tennessee Rule of Civil Procedure 41.02(2) motion to dismiss Mother’s petition. The trial court also denied Father’s request for attorney’s fees under Tennessee Code Annotated Section 36-5-103(c). Because the trial court’s order does not comply with Rule 41.02(2) in that it neither finds the facts specially upon which the court based its determination that there has been no material change in circumstances, nor indicates the court’s reason(s) for denial of Father’s request for attorney’s fees, we are unable to conduct a meaningful review. Vacated and remanded.