Tamara J. Harness v. Gerald Scott Harness

This appeal arises from a dispute over the finality of a judgment and notice in a child support matter. Tamara J. Harness (“Plaintiff”) and Gerald Scott Harness (“Defendant”) have a history of litigation related to their divorce. On November 18, 2009, Defendant simultaneously filed separate petitions to modify his spousal support and child support obligations. The Chancery Court for Hamblen County (“the Trial Court”) confirmed the findings and recommendations of the magistrate with respect to child support on April 29, 2011 . After a hearing, the Trial Court set aside its April 29, 2011 modification of Defendant’s child support. Defendant appeals, arguing, among other things, that the Trial Court erred in addressing for a second time his petition to modify child support when that issue allegedly had been resolved by the magistrate’s findings and recommendations as confirmed by the Trial Court. We hold, inter alia, that the Trial Court’s order of confirmation was interlocutory rather than final, and that the Trial Court did not err in revisiting the child support issue. We affirm the Trial Court.