Eddie J. Smith, Jr. v. Theresa Y. Peoples

Case Number
M2018-00910-COA-R3-CV

In this matter, mother relocated with the parties’ minor child from Tennessee to Florida. Father filed an “Amended Petition to Modify Parenting Plan and Objecting (sic) to Maternal Relocation and for Contempt.” Father’s motion for criminal contempt alleges that mother failed to adhere to the permanent parenting plan and blatantly violated Tenn. Code Ann. § 36-6-108(a) when she moved to Florida without the consent of father. On April 25, 2018, after a hearing on the petition, the trial court entered an order modifying the permanent parenting plan. However, there is nothing in the court’s order resolving father’s petition for contempt. Because there is not a final order resolving all of the claims and issues in the proceedings below, we lack subject matter jurisdiction to consider this appeal.  

Authoring Judge
Per Curiam
Originating Judge
Judge Ted A. Crozier, Jr.
Case Name
Eddie J. Smith, Jr. v. Theresa Y. Peoples
Date Filed
Dissent or Concur
No
Download PDF Version