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IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE
March 1, 2001 Session BARBARA JEAN McCALL v. KEVIN GREEN
Appeal from the Juvenile Court for Washington County No. 13751 Shirley B. Underwood, Judge FILED APRIL 9, 2001 No. E1999-02827-COA-R3-CV

This is an action where Kevin Green seeks to change custody of his son, Zachary Green, from Zachary's mother, Barbara Jean McCall. We find an order entered contended by Ms. McCall to be an agreed order was not in fact an agreed order, nor a valid one. We further find that the Trial Judge should have recused herself. We accordingly vacate the purported agreed order and direct that the Trial Judge recuse herself and another Judge be appointed by the Administrative Office of the Courts. Tenn.R.App.P. 3 Appeal as of Right; Judgment of the Juvenile Court Vacated; Cause Remanded HOUSTON M. GODDARD , P.J., delivered the opinion of the court, in which CHARLES D. SUSANO, JR., and D. MICHAEL SWINEY, JJ., joined. Edward L. Kershaw, Greeneville, Tennessee, for the Appellant, Kevin Green H. Wayne Graves, Johnson City, Tennessee, for the Appellee, Barbara Jean McCall OPINION

Kevin Green files a petition against Barbara Jean McCall seeking a change of custody of their child, Zachary Green, D.O.B. 8-9-94, who was born out of wedlock. The Trial Court dismissed his petition, resulting in this appeal where he raises four issues, two of which we believe are dispositive. The first is whether the Trial Judge was correct in finding that an order contended to be an agreed order by Ms. McCall, was in fact an agreed order and precluded

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