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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. E2010-00492-COA-R3-CV
Regular Panel Decision
Nov 09, 2010

Clarence E. Miller v. Marian N. Miller

Husband Clarence E. Miller filed for divorce against Wife Marian N. Miller, alleging inappropriate marital conduct. Wife counter-claimed, also alleging inappropriate marital conduct. The trial court granted a divorce to Husband, divided marital property, and awarded Wife alimony. Wife appealed the trial court's decisions, challenging the denial of her recusal motion, the divorce award, the property division, and the alimony. The Court of Appeals affirmed the trial court's judgment in its entirety, finding no abuse of discretion.

Divorce LawMarital Property DivisionAlimonySpousal SupportAppellate ReviewJudicial DiscretionRecusal MotionInappropriate Marital ConductSeparate PropertyEquitable Distribution
References
20
Case No. MISSING
Regular Panel Decision
Aug 26, 2011

K.B.J. v. T.J.

This is a contested divorce case where the Wife appealed the trial court's decision concerning primary residential parent, allocation of marital debt, and denial of spousal support. The trial court had found the Husband guilty of inappropriate marital conduct but made him the primary residential parent and denied spousal support to the Wife, while allocating significant marital debt to her. The appellate court reversed the decision on primary residential parent status and parenting schedule, designating the Wife as the primary residential parent with final decision-making authority. However, the appellate court affirmed the trial court's decisions regarding the allocation of marital debt to the Wife and the denial of spousal support, citing the Husband's financial burden and the Wife's earning capacity. The case was remanded to the trial court to redetermine child support based on the modified parenting schedule.

DivorceChild CustodyParenting PlanMarital DebtSpousal SupportAppellate ReviewAbuse of DiscretionPrimary Residential ParentParenting TimeFinancial Responsibility
References
15
Case No. M2000-00547-COA-R3-CV
Regular Panel Decision
Jun 08, 2001

Mary Louise Goodman Case v. Billy Ray Case

This is a divorce case involving Mary Louise Goodman Case (Wife) and Billy Ray Case (Husband) after 25 years of marriage. The trial court granted a divorce to the Wife on grounds of the Husband's inappropriate marital conduct, divided marital property, but failed to determine the value of the Wife's pension plan, and did not award spousal support to the Husband. The Husband appealed, arguing against the divorce, the property division, and the lack of alimony. The Court of Appeals affirmed the divorce and the decision not to award alimony but reversed and remanded the case for the trial court to classify, value, and equitably divide the Wife's pension plan as marital property.

DivorceMarital PropertyPension DivisionSpousal SupportAlimonyInappropriate Marital ConductDisability BenefitsEquitable DistributionAppellate ReviewCredibility
References
6
Case No. W2001-02931-COA-R3-CV
Regular Panel Decision
Sep 29, 2003

Brenda Hicks v. John E. Hicks

The case of Brenda Hicks v. John E. Hicks is a divorce action initiated by the wife after eight months of marriage. The trial court initially granted Brenda Hicks a divorce on grounds of adultery and awarded her $10,000 as alimony in solido and a division of the marital estate. John E. Hicks appealed this decision, challenging both the adultery finding and the monetary award. The Court of Appeals of Tennessee at Jackson affirmed the divorce but modified the grounds to inappropriate marital conduct, finding insufficient evidence for adultery. Furthermore, the appellate court reduced the monetary award to $2,000, determining that pre-marital expenses were not a proper basis for reimbursement.

DivorceMarital ConductAlimony in SolidoMarital EstateProperty DivisionAppellate ReviewCircumstantial EvidencePre-marital ExpensesSpousal SupportFinancial Award
References
6
Case No. E2012-01726-COA-R3-CV
Regular Panel Decision
Sep 30, 2013

Sharon Clayman Sitz v. William Grant Sitz

Sharon Clayman Sitz (Wife) sued William Grant Sitz (Husband) for divorce after 16 years of marriage. The trial court awarded Wife a divorce based on inappropriate marital conduct, adopted her parenting plan, and imputed income to Husband due to voluntary underemployment for child support calculation. Husband appealed, challenging the parenting plan, underemployment finding, imputed income calculation, grounds for divorce, marital asset division, and attorney fees. The Court of Appeals affirmed the trial court's decision, with a modification regarding the simultaneous transfer of marital property and an equalizing payment. Costs on appeal were taxed to Husband, and the case was remanded for enforcement.

DivorceChild CustodyChild SupportSpousal ConductVoluntary UnderemploymentProperty DivisionAttorney FeesAppellate ReviewParenting PlanDomestic Relations
References
26
Case No. M2003-02448-COA-R3-CV
Regular Panel Decision
Jul 14, 2005

Gordon E. Morrow, Jr. v. Tammy Lynn (Pugh) Morrow

The husband filed for divorce after a marriage of over twenty-three years. The trial court granted the divorce to the wife on the ground of the husband’s inappropriate marital conduct and divided the marital property equally between the parties. Because of the property division, and because the wife had more formal education than the husband, the court decided that she was not entitled to any alimony. The wife appealed. We modify the trial court’s decree to eliminate the payment to the husband ordered as part of the property division. Because this modification serves the goal of self-sufficiency for the economically disadvantaged spouse, we affirm the denial of alimony. We also affirm the award of attorney’s fees.

DivorceMarital Property DivisionAlimonySpousal SupportEquitable DistributionAttorney FeesAppellate ReviewEconomic DisadvantageRehabilitative AlimonyChild Support
References
34
Case No. M2002-01204-COA-R3-CV
Regular Panel Decision
Jun 03, 2003

Hazel Ann Edde v. Gladys Dalton Edde

Hazel Ann Edde (Wife) filed for divorce from Gladys Dalton Edde (Husband) after a thirty-six year marriage, citing irreconcilable differences, inappropriate marital conduct, and adultery. The trial court granted the divorce to the Wife, divided marital property, and awarded her $425 per month in alimony in futuro. Husband appealed the alimony award, arguing that Wife had no need for it and he lacked the ability to pay. The Court of Appeals of Tennessee at Nashville affirmed the trial court's decision, concluding that the evidence supported the trial court's findings regarding Wife's economic disadvantage, the infeasibility of her rehabilitation, and Husband's ability to provide support. The case was remanded for further proceedings consistent with the opinion.

DivorceAlimonySpousal SupportMarital Property DivisionAppellate ReviewEconomic DisadvantageAbility to PayInappropriate Marital ConductAdulteryTrial Court Discretion
References
12
Case No. MISSING
Regular Panel Decision

Lee v. Lee

This is an appeal in a divorce case concerning Berta Margarita de Los Rios Lee (Wife) and Daniel Mark Lee (Husband). The wife was awarded custody of their minor son, William Alvaro Lee, after filing for divorce in Shelby County Chancery Court on grounds of inappropriate marital conduct. The husband appealed the trial court's decision regarding custody, division of a retirement account, and attorney fees. The appellate court affirmed the trial court's rulings on custody, division of marital property including retirement benefits, and the award of attorney fees to the wife. The court found that the husband waived several constitutional and due process arguments by not raising them at the trial court level. It also upheld the trial court's exercise of judicial discretion in issuing injunctions, temporary custody, and visitation orders. The case was remanded to the trial court for reconsideration of visitation arrangements due to a change in the child's school schedule.

DivorceChild CustodyVisitation RightsMarital Property DivisionAttorney FeesAppellate ReviewJudicial DiscretionParental RightsSpousal AbuseDue Process
References
30
Case No. M2022-01299-COA-R3-CV
Regular Panel Decision
Sep 07, 2023

Andrew Francis Tittle v. Deidre Lyn Deyoung Tittle

This is a divorce action in which the trial court awarded the wife a divorce based on the husband’s inappropriate marital conduct, divided the marital estate and awarded the wife, inter alia, child support as well as transitional alimony of $2,000 per month for four years, followed by $1,500 per month for two years, then $1,000 per month for two years, and $500 per month for two years. The court also awarded the wife alimony in solido of $50,000 as necessary spousal support and an additional $75,000 to defray the cost of most of her attorney’s fees. The husband appeals. We have determined that the record contains an inconsistency concerning the amount of the work-related childcare expenses the husband is required to pay, and it appears that the trial court failed to consider the husband’s obligation to pay work-related childcare costs in setting transitional alimony at $2,000 per month during the first four years, which additional expense appears to impair the husband’s ability to pay that amount. Accordingly, we vacate the award of child support and that portion of the transitional alimony award and remand these issues for reconsideration, taking into account, inter alia, the allocation of childcare expenses, the wife’s need, and the husband’s ability to pay. We affirm the trial court in all other respects. Both parties seek to recover the attorney’s fees and costs each incurred in this appeal. Exercising our discretion, we deny both requests.

DivorceAlimonyChild SupportMarital MisconductCredibility AssessmentFinancial DuplicityAppellate ReviewAbuse of DiscretionChildcare ExpensesSpousal Support
References
26
Case No. E2016-02535-COA-R3-CV
Regular Panel Decision
Feb 15, 2018

Robert Harvey Santee v. Stacy Lynn Santee

This appeal addresses divorce and child support matters between Robert Harvey Santee (Husband) and Stacy Lynn Santee (Wife). The Trial Court granted Husband a divorce due to Wife's inappropriate marital conduct, divided assets, awarded Wife rehabilitative alimony, and imputed income for child support. Wife appealed, challenging the debt allocation, the type and amount of alimony, the imputed income, and the denial of attorney's fees. The Court of Appeals affirmed the Trial Court's decisions on debt allocation, alimony, and attorney's fees. However, it found error in imputing income to Wife for child support while also enabling her full-time education, vacating that portion and remanding for recalculation.

DivorceChild SupportAlimonyMarital Property DivisionImputed IncomeSpousal SupportRehabilitative AlimonyAppellate ReviewCredibility DeterminationEquitable Distribution
References
28
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