Jennifer Benke Bottorff v. Christian Todd Bottorff

In this post-divorce custody modification action, the Davidson County Circuit Court

(“trial court”) entered a protective order requiring the return and permanent destruction of

documents, including copies, that were allegedly central to the mother’s separate

professional malpractice action against the father’s testifying expert. The trial court

subsequently denied the mother’s motion for relief from the protective order, wherein she

sought access to the documents for her use in the professional malpractice action.

Although the mother filed a motion seeking to alter or amend the trial court’s order, the

trial court also denied that motion. The mother has appealed. Following our thorough

review of the record and applicable case law, we vacate the trial court’s order denying the

mother’s motion to alter or amend as it pertains to the documents produced during

discovery. We remand this issue to the trial court for further hearing, as necessary, and

determination of the issue based upon the appropriate factors. We reverse the trial

court’s order denying the mother’s motion to alter or amend as it pertains to the trial

transcript and exhibits. We deny the father’s request for an award of attorney’s fees on

appeal.