Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State ex rel. Hurt v. Bulls

Court of Appeals of Tennessee, Knoxville

February 16, 2017

STATE OF TENNESSEE EX REL. TANIKIA YOLANDA HURT
v.
WILLIAM GEORGE BULLS, III

          Session November 22, 2016

         Appeal from the Juvenile Court for Hamilton County No. 24553 Robert D. Philyaw, Judge

         This case originated when the State, acting on behalf of Tanikia Yolanda Hurt (Mother), filed a petition against William George Bulls, III (Father) seeking to have him held in contempt because of his failure to pay child support. A juvenile court magistrate dismissed the State's petition, finding that Father had paid all of his arrearage. On the day the court dismissed the petition, Mother filed a new pleading, a motion, again seeking a finding of contempt against Father. She once again alleged unpaid support in addition to other matters. This motion was also dismissed. Mother appeals. We affirm.

         Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Juvenile Court Affirmed; Case Remanded

          Tanikia Yolanda Hurt, Minneola, Florida, appellant, pro se.

          William George Bulls, III, Chattanooga, Tennessee, appellee, pro se.

          Charles D. Susano, Jr., J., delivered the opinion of the court, in which D. Michael Swiney, C.J., and John W. McClarty, J., joined.

          OPINION

          CHARLES D. SUSANO, JR., JUDGE

         I.

         The parties had one child, who was born in 2001. An earlier order required Father to pay monthly child support of $325. He fell behind in his payments. The State filed a petition for contempt against him on January 28, 2015, alleging that he willfully failed to pay $1, 063.26 in back support. In March 2015, the State amended its petition to also request a modification of the child support order. It based its petition on a significant variance in Father's income.

         A juvenile court magistrate heard the petition on June 15, 2015. She entered an order the same day increasing Father's monthly support obligation and assessing an arrearage against him. Pursuant to the Child Support Guidelines, the magistrate set Father's monthly support obligation at $695, plus a monthly $35 payment on the arrearage. The magistrate modified the arrearage to add support payments that had accrued since the petition was filed. The amount of the addition was $925. This brought the total arrearage to $2, 363.65. Following all of this, the magistrate found: "Since the filing of the contempt petition, [Father] has paid [the arrearage] balance down to zero. [Father] stipulates to a finding of contempt. Sentence reversed." The magistrate continued the case for a compliance review, which occurred on August 12, 2015. At that time, the magistrate again found Father in compliance with his child support obligation. She then dismissed the petition.

         From here, the procedural history grows somewhat convoluted. The same day the contempt petition was dismissed, Mother, acting pro se, filed a motion for contempt and other relief. Surprisingly, she alleged Father owed an arrearage of $8, 000. By motion, Father asked that the court find him compliant and award him his attorney's fees. The juvenile court magistrate entered an order on September 25, 2015 dismissing Mother's motion and granting Father an award of attorney's fees, said fees being incurred by Father in defending the contempt motion. Mother filed a notice of appeal on October 2, 2015 stating that she was appealing from the court's September 25, 2015 order "and all Judgments adverse to the Plaintiff, including the Due Process and other Constitutional Rights the Ruling Court has routinely violated." The State filed a notice of intent not to file a brief.

         While Mother's contempt motion was pending, on August 17, 2015, Mother filed a rehearing request on the magistrate's decision on the original contempt petition. The juvenile court judge dismissed the State's original petition in March 2016, noting the pending appeal. Additionally, on September 21, 2015, Mother filed notice with this Court of her appeal "from the judgments entered in this action by the Juvenile Court of Hamilton County ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.