Amber Ada Hernandez v. David Alan Hernandez
Case Details
- Judge(s)
- Judge Thomas R. Frierson, II
- Status
- Published
- Procedural Posture
- Appeal affirming trial court's grant of motion to dismiss for lack of subject matter jurisdiction
Related Laws
No specific laws identified for this ruling.
Outcome
Trial court dismissed father's petition for modification of parenting plan for lack of subject matter jurisdiction under UCCJEA because parties and child all resided outside Tennessee. Appellate court affirmed dismissal and clarified that the December 2016 temporary order was void upon dismissal.
Excerpt
This appeal involves a petition for modification of a permanent parenting plan. The initial permanent parenting plan order was entered by the McNairy County General Sessions Court ("trial court") in October 2006. In November 2016, the father filed a petition in the trial court, alleging that a material change in circumstance had occurred due to the mother's having been charged with aggravated statutory rape. The father concomitantly filed a petition requesting a temporary injunction granting him "emergency custody" and suspending the mother's co-parenting time. The mother filed a motion to dismiss the petitions, alleging that the trial court lacked subject matter jurisdiction because the parties and the child all resided outside of Tennessee. In December 2016, the trial court entered an "Order for Visitation," inter alia, modifying the father's holiday co-parenting time and directing that the mother's co-parenting time be supervised by her stepmother. Following a bench trial, the trial court granted the mother's motion to dismiss for lack of subject matter jurisdiction pursuant to Tennessee Code Annotated § 36-6-217 (2017) of the Uniform Child Custody Jurisdiction and Enforcement Act ("UCCJEA"). The father has appealed. We affirm with one modification to the final judgment to clarify that with the trial court's dismissal of this action, the December 2016 temporary order was no longer of any effect.
What This Ruling Means
This summary was generated to explain the ruling in plain English and is not legal advice.
Similar Rulings
Plaintiff brought claims against Knox County and the County Clerk based on allegedly discriminatory employment practices. The trial court determined that Plaintiff committed serious discovery violations and imposed as a sanction the exclusion of certain evidence. With this evidence excluded, the trial court granted summary judgment to the Defendants. Plaintiff appeals, challenging the discovery sanction, the trial court's conclusion under the Tennessee Human Rights Act that the continuing violation doctrine did not apply, the trial court's conclusion that the Clerk was not individually liable, and the award of attorney's fees against the Plaintiff and her attorney. We affirm.
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