In this post-divorce action, the trial court conducted a two-day hearing regarding the mother’s petition to modify the parties’ permanent parenting plan. At the conclusion of the hearing, the father moved for involuntary dismissal pursuant to Tennessee Rule of Civil Procedure 41. The trial court granted the motion, determining that modification of the parenting plan was not warranted because the mother had not met her burden to prove that there had been a material change of circumstance affecting the minor child’s well-being. The trial court accordingly dismissed the mother’s petition with prejudice and awarded the father his reasonable attorney’s fees pursuant to Tennessee Code Annotated § 36-5-103(c). Discerning no reversible error, we affirm. We further determine that Father is entitled to his reasonable attorney’s fees on appeal.
Case Number
M2024-01952-COA-R3-CV
Originating Judge
Judge A. Ensley Hagan, Jr.
Date Filed
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