State of Tennessee Ex Rel. Harriett Turner v. Napoleon Bryant

Case Number
W2006-01463-COA-R3-JV

This appeal arises out of a petition for civil contempt based on the failure to pay child support. The state, on behalf of the obligee mother, filed this petition for contempt against the obligor father for failure to pay child support. After a hearing, the juvenile court determined that the father was willfully underemployed and in contempt of court. The father filed a petition for a rehearing under the local rules of the juvenile court, seeking to introduce additional evidence on the issue of willful underemployment. The juvenile court treated the father’s petition as a motion to alter or amend under the Tennessee Rules of Civil Procedure and found that the father was not entitled to such relief. The father appeals, arguing that he should have been permitted to introduce additional evidence under the applicable juvenile court local rules, and that the juvenile court erred in finding him in contempt. We conclude that the trial court appropriately considered the father’s petition as a motion to alter or amend under the Tennessee Rules of Civil Procedure, and that the trial court did not abuse its discretion in the denial of the father’s petition, and therefore affirm.

Authoring Judge
Judge Holly M. Kirby
Originating Judge
Judge George E. Blancett
Case Name
State of Tennessee Ex Rel. Harriett Turner v. Napoleon Bryant
Date Filed
Dissent or Concur
This is a dissenting opinion
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