Vanessa Colley v. John S. Colley, III (Attorney’s Fee Awards)

Style: Vanessa Colley v. John S. Colley, III

TSC Docket Number: M2021-00731-SC-R11-CV

Court of Appeals Opinion: https://tncourts.gov/sites/default/files/colleyv.opn_.pdf

Summary by the Court of Appeals:

In this post-divorce action, Vanessa Young Colley (“Mother”) filed a petition for modification of the Permanent Parenting Plan (“Parenting Plan”) entered in connection with the parties‟ Marital Dissolution Agreement (“MDA”) seeking to change the decision-making authority with regard to educational decisions for the parties‟ minor children. After a hearing, the Circuit Court for Davidson County (“the Trial Court”), inter alia, modified the Parenting Plan to change joint decision-making with regard to education to Mother having sole decision-making authority with regard to education. John S. Colley, III (“Father”) appeals the decision of the Trial Court raising issues with regard to the change in decision-making authority, the denial of Father‟s petition for recusal, and the award to Mother of attorney‟s fees, among other things. We find and hold that some of Father‟s issues seek an advisory opinion, and we refuse to address those issues. With regard to the issue of recusal, we find no error in the Trial Court‟s resolution of this issue. We further find and hold that Mother proved a material change in circumstances justifying a change in decision-making authority with regard to education and further proved that it was in the children‟s best interest for Mother to have sole decision-making authority with regard to education. We, therefore, affirm.

Permission to Appeal Granted: March 9, 2023

Appellants’ Briefs Filed: April 4, 2023

Appellees’ Briefs Filed: May 31, 2023

Appellants’ Reply Brief Filed: June 14, 2023; June 29, 2023

Appellees’ Reply Brief Filed:

Amicus Briefs Permitted:  

Oral Argument Date: October 4, 2023

Link to Oral Argument Video: https://www.youtube.com/watch?v=-08YUGRQRz0

Date of TSC Opinion:  

Opinion of the TSC: 

TSC Summary of the Opinion: