Nedra R. Hastings v. Larry M. Hastings, Jr.

Syllabus

This case involves a protracted and contentious child support action, which began when the State of Tennessee, acting on behalf of the mother, filed a petition for child support in 2005 against the father for financial support of the parties' minor son. Over the years, the parties filed numerous petitions to modify the child support amount, petitions for contempt for failure to pay medical and other expenses, petitions for changes in visitation for the child, objections to the appointment of magistrates by the juvenile court judge, and requests to rehear many of the motions and petitions. The trial court addressed each of these motions and pleadings as they were filed. On September 1, 2020, a magistrate judge entered an order ruling on all of the mother's outstanding motions for rehearing in the case but reserved the mother's outstanding petition for contempt against the father for failure to pay the child's medical and dental expenses and the mother's petition for rehearing of a motion to modify child support. Those matters were set for hearing on November 24, 2020, before a special judge. At that time, the Tennessee Supreme Court had issued a standing order that all in-person hearings and trials were suspended due to the COVID-19 pandemic therefore, the November 24, 2020 hearing was set to be heard remotely via \Zoom\ technology. The mother objected to the virtual hearing on grounds that the notice was insufficient and accordingly sought a stay of the pending matters via a motion filed on November 23, 2020. Neither party appeared for the Zoom hearing on November 24, 2020, and the special judge dismissed the action for failure to prosecute. The mother then filed a motion for rehearing and a motion to alter or amend the judgment, both of which were heard and denied by the special judge. The mother has appealed the trial court's dismissal of the child support action. The father has not appeared or filed a responsive brief. Upon thorough review of the record and consi