Latest Case: New v. Dumitrache (Family Law)

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New v. Dumitrache

Docket: W2017-00776-SC-R11-CV

Opinion Date: June 29, 2020

Judge: Clark

Areas of Law: Family Law

The Supreme Court reversed the judgment of the court of appeals and reinstated the judgment of the chancery court dismissing Plaintiff's appeal from an order of protection "in nature of writ of error," holding that the writ of error is no longer a viable method of appeal. A general sessions court entered an order of protection prohibiting Plaintiff from having contact with Defendants, his ex-wife and child. Plaintiff subsequently filed an "appeal in nature of writ of error," attaching an incomplete copy of the couple's Texas divorce decree. The chancery court dismissed the action for lack of subject matter jurisdiction, finding the appeal untimely and the method of appeal obsolete, and determining that the petition for enrollment was defective on its face. The court then awarded Defendants attorney's fees and costs. The court of appeals reversed. The Supreme Court reversed, holding that the chancery court (1) correctly concluded that the writ of error is no longer a viable method of appeal and dismissed the appeal for lack of subject matter jurisdiction; (2) correctly dismissed Plaintiff's request to enroll the Texas decree because he provided an incomplete copy of the decree; and (3) correctly awarded Defendants attorney's fees.