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Anders v. Anders

Court of Appeals of Tennessee, Jackson

May 11, 2018

MAYLA C. ANDERS
v.
JONAH PAUL ANDERS

          Session April 18, 2018

          Appeal from the Circuit Court for Shelby County No. CT-005085-14 Gina C. Higgins, Judge

         This is an appeal from the entry of an order dismissing an order of protection, which had already expired by its own terms. Because the order of protection has expired, we affirm the decision of the trial court and dismiss the appeal as moot.

         Tenn. R. App. P. 3 Appeal as of Right; Appeal Dismissed

          Milandria King and Jeannie M. Kosciolek, Memphis, Tennessee, for the appellee, Mayla C. Anders.

          Jonah Paul Anders, Appellant, Pro se.

          Arnold B. Goldin, J., delivered the opinion of the Court, in which J. Steven Stafford, P.J., W.S., and Kenny Armstrong, J., joined.

          OPINION

          ARNOLD B. GOLDIN, JUDGE

         Background and Procedural History

         This case originated in November of 2014, when the Appellee Mayla C. Anders ("Wife") filed a petition seeking an order of protection against Appellant Paul Anders ("Husband"). A hearing was held in the general sessions court on November 19, 2014, and the court entered an order of protection set to expire by its own terms on November 19, 2015. Husband appealed the decision to the circuit court.

         A hearing was held in the circuit court on January 28, 2015, and on February 4, 2015, the circuit court entered an order modifying the order of protection by removing the parties' children from the order and by extending the order against Husband for a year from the date of the hearing. The order of protection expired by its own terms on February 4, 2016.

         On July 13, 2015, Husband filed a motion to proceed pro se.[1] On July 15, 2015, Husband filed a "Petition to Dissolve or in the Alternative Dismiss the Order of Protection Modified February 4, 2015." As a basis for his petition, Husband alleged that his appeal of the order of protection from the general sessions court was never "heard, " and the order of protection should be dissolved because the allegations in the petition for order of protection were "insufficient." On August 7, 2015, the trial court entered an order dismissing Husband's petition to dissolve the order of protection. On August 12, 2015, Husband filed another "Motion to Vacate Order of Protection Modified [2/4/15] or in the Alternative set a trial de novo."

         On October 31, 2016, on its own motion, the trial court entered an order "dismissing" the order of protection matter because the order had expired by its own terms on February 4, 2016. On November 10, 2016, Husband filed a notice of appeal of the October 31, 2016 order.

         Issues ...


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