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Posted by: Amelia Ferrell Knisely on Feb 16, 2016

Court: TN Court of Appeals

Attorneys 1:

Lee Ortwein, Chattanooga, Tennessee, for the appellant, John G. McDougal.

Attorneys 2:

Anna Marie Davenport and G. Michael Luhowiak, Chattanooga, Tennessee, for the appellee, G. Michael Luhowiak, Successor Administrator of the Estate of John J. Burnette.

Judge(s): SUSANO

This case grew out of the administration of the estate of John J. Burnette. G. Michael Luhowiak, successor administrator of the estate, filed a motion seeking approval of fees and expenses and asking the trial court to assess those charges against John G. McDougal, the previous administrator. The trial court adopted a master?s report granting the successor administrator the requested relief. The court denied the previous administrator?s motion to alter or amend. The previous administrator appeals. We vacate the trial court?s judgment because the court failed to hold a hearing and failed to independently assess the merits of the master?s report. This case is remanded for further proceedings consistent with this opinion.