Margaret Bush (Wright) v. Ronald Stevens Wright, Jr.

This appeal arises from post-divorce petitions and counterpetitions for enforcement and modification of the parties’ marital dissolution agreement (the “MDA”), and permanent parenting plan (the “PPP”). The dispositive issue on appeal is whether either party is the prevailing party for the purpose of recovering his or her attorney’s fees. Because the final decree of divorce incorporated a mandatory dispute resolution provision, we must first determine whether either party qualifies as the prevailing party concerning claims “to procure enforcement” of the MDA or PPP. We then consider whether either party qualifies as the prevailing party pursuant to Tennessee Code Annotated § 36-5-103(c), (the “Statute”), which has a broader application but is discretionary. During the pendency of the action, the defendant/father delivered two checks to the plaintiff/mother, one in satisfaction of the mother’s claim for past due child support and a second check in satisfaction of her claim for past due alimony. Thereafter, the remaining claims went to mediation, after which the parties approved an agreed order resolving all remaining claims except attorney’s fees, reserving the fee issue for the trial court. Each party, claiming to be the prevailing party, sought to recover their respective attorney’s fees. The trial court ruled that “[s]ince both parties were awarded their beneficial, judicial relief that materially altered the other party’s behavior, the court cannot consider either party the sole ‘prevailing party.’” Thus, neither was awarded any attorney’s fees. This appeal followed. Because the father paid the child support and alimony arrearages after the mother filed her petition and motion to enforce the MDA and PPP, we find that the mother is the prevailing party on the enforcement claims, for which she is contractually entitled to recover her reasonable and necessary attorney’s fees and costs pursuant to the dispute resolution clause in the MDA. As for the respective claims and defenses related to modification of the MDA and PPP, for which the Statute applies, we affirm the trial court’s decision to not award attorney’s fees based on the finding that neither party can be considered the prevailing party. Thus, we reverse in part, affirm in part, and remand with instructions for the trial court to award the mother a judgment for the reasonable and necessary attorney’s fees and costs she incurred to enforce the father’s obligations to pay child support and alimony pursuant to the MDA 03/13/2026 - 2 - and PPP. Because neither party can be considered the sole prevailing party on appeal, we deny both parties’ requests to recover their attorney’s fees incurred on appeal.