Vanessa Faddoul v. Edward James Beyer

Syllabus

Vanessa Faddoul sought an order of protection as a stalking victim pursuant to Tennessee Code Annotated § 36-3-617 against her neighbor, Edward James Beyer, in Williamson County General Sessions Court. After holding an evidentiary hearing, the general sessions court issued a one-year order of protection prohibiting Mr. Beyer from contacting or coming about the victim, Mrs. Faddoul, or her family, and restricting Mr. Beyer's second amendment rights. Mr. Beyer appealed to the Williamson County Circuit Court. Upon a pre-trial motion of Mr. Beyer, the circuit court modified the general sessions order by restoring Mr. Beyer's second amendment right to possess firearms. Following three days of hearings on the petition, but before the circuit court could rule on the merits of the de novo appeal, Mr. Beyer filed a \Notice of Voluntary Nonsuit and Dismissal of Appeal\ to dismiss his appeal of the general sessions court ruling against him in Case No. 2022OP-176, purportedly pursuant to Tennessee Rule of Civil Procedure Rule 41.01(1). Because Mr. Beyer dismissed his appeal, the circuit court entered an order \affirming\ the judgment of the general sessions court, save the second amendment issue, dismissing the appeal, and granting Mrs. Faddoul leave to apply for an award of attorney's fees. Thereafter, Mrs. Faddoul requested attorney's fees in the amount of $168,112.50 under Tennessee Code Annotated § 36-3-617(a)(1), discretionary costs in the amount of $5,248.62 under Tennessee Rule of Civil Procedure 54.04(2), and $2,579.37 in \non-discretionary cost expenses.\ The circuit court denied her request for attorney's fees and discretionary costs in toto based on several findings. It found that she was not entitled to an award of mandatory attorney's fees under Tennessee Code Annotated § 36-3-617 because, inter alia, stalking victims are not entitled to the same \enhanced protections\ as domestic abuse victims, that it did not complete the hearing on the petition, which it found t