Date: 08-23-2021

Case Style:

Jennifer Pallotta Gaby v. Tony Harold Gaby

Case Number: 15-CV-259

Judge: Thomas J. Wright

Court: Circuit Court, Greene County, Tennessee

Plaintiff's Attorney: Crystal JesseeCrystal Jessee

Defendant's Attorney: Crystal JesseeCrystal Jessee

Description: Greeneville, Tennessee family law divorce lawyers represented the parties in a divorce proceeding.


In this post-divorce, child custody case, Appellant/Father filed a petition to modify the permanent parenting plan, seeking equal parenting time. Appellee/Mother opposed the petition. The trial court held that there had been a material change of circumstance and awarded Father additional parenting time, but not equal parenting time. On appeal, Father asserts that the trial court failed to consider the statutory best interest factors. Tenn. Code Ann. § 36-6-106(a). Although we leave undisturbed the portion of the trial court's order concerning a material change of circumstance, the trial court's failure to make best interest findings in compliance with Tennessee Rule of Civil Procedure 52.01 precludes any meaningful appellate review of that question. Accordingly, we vacate the order and remand for entry of an order that includes the required findings of fact and conclusions of law.
Gaby v. Gaby (Tenn. App. 2021)

Outcome:
For the foregoing reasons, we vacate the trial court's order and remand the case for such further proceedings as may be necessary and are consistent with this opinion. Costs of the appeal are assessed one-half to Appellant, Tony Harold Gaby, and one-half to Appellee, Jennifer Pallotta Gaby, for all of which execution may issue if necessary.
Gaby v. Gaby (Tenn. App. 2021)

Plaintiff's Experts:

Defendant's Experts:

Comments: