January 2009
MemphisDivorce.com e-newsletter

The MemphisDivorce.com e-Newsletter is a service provided by Miles Mason Family Law Group PLC to clients, friends, and persons requesting family law updates through e-mail from: www.MemphisDivorce.com. with offices in Shelby County and Memphis, Tennessee we serve Middle and West TN and Eastern Arkansas.

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Upcoming Miles Mason Family Law Group PLC Seminars

Miles Mason, Sr. current and upcoming Tennessee CLE opportunities:

ONLINE CLE - Intermediate Accounting for Lawyers in conjunction with the Tennessee Bar Association's TennBarU, will take place on January 21st from noon-1 p.m. CST. The one-hour webcast provides an overview of accounting practice and theories specifically for business litigators, estate lawyers, and family lawyers who handle business valuation, fraud, and income determination issues. The presentation assists attorneys prepare document discovery requests, analyze results, and plan depositions of accountants by increasing understanding of the accounting environment and its terminology. Specific topics include: Accounting Information Systems; Financial Statements; General and Subsidiary Ledgers; Audits, Reviews, and Compilations; Forensic Accountants; Understanding Accounting in Relation to the Ownership Interest. For sign-up information, please go to https://www.tnbaru.com/CLE/catalog_course_details.php?course=5824.

WEBCAST - Advanced Accounting for Lawyers, a CLE seminar given by Miles Mason , in conjunction with the Tennessee Bar Association's TennBarU, will take place on March 25 from noon-1 p.m. CST. The one-hour webcast provides an overview of accounting practice and theories specifically for business litigators, estate lawyers, and family lawyers who handle business valuation, fraud, and income determination issues. The presentation includes specific discussion of information flow from transaction detail and general ledgers to financial statements. Specific topics include: Theories Behind Generally Accepted Accounting Principles (GAAP); Cash v.s. Accrual Basis; Normalizing Adjustments; Best Places to Look for Problems in a Subject Company's Records; Reading a Tax Return to Discover Assets - Step by Step. For sign-up information, please go to https://www.tnbaru.com/CLE/catalog_course_details.php?course=5825.

Real Boston Legal - Mason to speak at NACVA's 2009 Sixteenth Annual Consultants Conference: "Mock Deposition for a Business Valuation Engagement" by Robert Vance, Miles Mason, Sr., & Brent McDade on May 27-30, 2009. Register at the NACVA's website,

Family Law Case Histories of Note

Lisa Marie Walls Altman vs. Benjamin Altman - E2008-00081-COA-R3-CV - Washington County - The Trial Judge awarded the wife a divorce in this case and ordered the husband to pay periodic alimony in the amount of $5,000.00 a month. The husband appealed and the Court affirmed the Judgment of the Trial Court, as modified.

Alan C. Odom vs. Janis B. Odom - E2007-02250-COA-R3-CV - Hamilton County - In 2005, Alan C. Odom ("Husband") filed suit for divorce from Janis B. Odom ("Wife"). The parties married in 1970 and have two adult sons. Husband is a successful orthopedic surgeon in Chattanooga, Tennessee. With the assistance of the parties' sons, the parties were able to resolve several issues before trial, including how to distribute some but not all of the marital assets. Following a trial, the Trial Court distributed the remaining marital property in a manner which resulted in each party being awarded exactly one-half of the total marital assets. The amount awarded to each party totaled almost three million dollars. Each party raised several issues on appeal surrounding the property distribution and payment of various expenses. The Court of Appeals modified the judgment of the Trial Court and affirmed that judgment as modified.

William Edward Wynns, Jr. v. Sherrie Blackburn Wynns - M2007-00740-COA-R3-CV -Wilson County - This appeal concerned the spousal support awarded Wife in a divorce action. Both Husband and Wife sought a divorce in the Circuit Court for Wilson County. Following a bench trial, the court granted Wife an absolute divorce based on Husband's adultery and divided the marital assets equally between the parties. The court awarded Wife alimony in the form of attorney's fees and insurance premiums for the first year post-divorce followed by alimony of $500 per month for four years. The court did not classify the alimony as either rehabilitative, transitional, in solido, or permanent. Wife appealed seeking increased support or, in the alternative, a redistribution of marital property. The Court of Appeals determined that Wife's spousal support should be increased based on the disparity between the parties' economic status.

Vickie F. (Lout) Hudson v. David P. Lout - W2007-02704-COA-R3-CV - Tipton County - This domestic relations action required the Appellate Court to construe a provision of the parties' 1993 divorce decree with respect to the division of Defendant/Appellant David P. Lout's (Mr. Lout's) military retirement pay. The trial court construed the 1993 decree as requiring Mr. Lout to pay to Plaintiff/Appellee Vickie F. Lout Hudson (Ms. Hudson), Mr. Lout's former wife, an amount equivalent to twenty-eight (28%) percent of his military retirement pay. The trial court calculated this amount as one-half the retirement pay received by Mr. Lout, multiplied by a fraction representing the number of years the parties were married divided by the number of years Mr. Lout served in the military. The trial court also ordered Mr. Lout to pay arrearages and awarded Wife her attorney's fees as damages predicated on a finding of contempt. Mr. Lout appealed. The Court of Appeals affirmed the trial court's construction of the parties' 1993 decree of divorce, vacated the finding of contempt and award of attorney's fees, and remanded.

Denise R. Cardella v. Vincent R. Cardella, Jr. - M2007-01522-COA-R3-CV - Rutherford County - This is a divorce and tort action. Wife filed a complaint for divorce against husband, alleging, as grounds, inappropriate marital conduct, adultery, and irreconcilable differences. Husband counter-claimed for an absolute divorce. In her amended complaint, Wife also claimed that Husband had negligently infected her with a sexually transmitted disease, and sought monetary damages. A full trial on the merits was held. The trial court awarded the divorce to Wife on the stipulated ground of adultery, approved the stipulated division of personal property and debts, named wife as primary residential parent, set shared parenting time, and awarded attorney fees and costs. In addition, the trial court granted alimony in solido and alimony in futuro to Wife and awarded her damages in the amount of $288,000.00 for the negligence claim. Husband appealed, asserting that the trial court erred in finding him liable for negligently transmitting a sexually transmitted disease to the wife and in awarding $288,000.00 to wife for the negligence. Husband also appealed the propriety of the trial court's awards of alimony in solido and alimony in futuro. The Court of Appeals reversed the trial court's award of alimony in futuro, and affirmed the trial court on all other issues.

Melody Curry v. Sam Bratton Curry - M2007-02446-COA-R3-CV - Davidson County - This is a divorce case. Husband/Appellant appealed the trial court's division of certain marital property, award of retroactive child support, award of Wife/Appellee's attorney fees, the standard for modification of the parenting plan and certain conditions imposed on him by the trial court. The Appellate Court affirmed in part, reversed in part, and remanded to the trial court for further proceedings consistent with this opinion.

In re: A.N.F. (d.o.b. 10/24/99), a child under eighteen years of age - W2007-02122-COA-R3-PT - McNairy County - This opinion involves two consolidated appeals. The first case involves post-divorce petitions to modify a parenting plan, filed by the husband and the wife, regarding custody of two children. The second case was filed by the wife and a third party, seeking to establish the third party's parentage of one of the two children. For the following reasons, the Court of Appeals affirmed the trial court's decision in the custody case as modified, and affirmed the trial court's decision in the paternity case.

Sara K. Ruder v. Joseph R. Ruder - W2007-01222-COA-R3-CV View Shelby County - This is a divorce case involving the interpretation of a Prenuptial Agreement. Husband/Appellant appealed the trial court's decision to reimburse certain expenditures made by Wife as "improvements" to the marital home. Wife/Appellee appealed the trial court's denial of her request for attorney's fees. Finding no error, the Court of Appeals affirmed.

Vera J. Rogers vs. Bill Turner, et al - E2007-02233-COA-R3-CV - Blount County - Vera J. Rogers ("Petitioner") filed a lawsuit seeking court-ordered visitation with her grandchildren pursuant to Tennessee's Grandparent Visitation Act, Tenn. Code Ann. § 36-6-306. The lawsuit was filed against Bill Turner ("Father") and Elizabeth Turner ("Mother"), the biological parents of the grandchildren. At trial, both parents testified that they had not and still did not oppose visitation between Petitioner and her grandchildren, so long as Petitioner abided by certain reasonable restrictions. The Trial Court found that the parents were not opposing visitation and that the parents' restrictions on the Petitioner's visitation were reasonable. Because the parents were not opposing visitation, the Trial Court entered an order establishing a visitation schedule and allowing the parents to impose reasonable restrictions. The Court of Appeals held that in order for Tenn. Code Ann. § 36-6-306 to be implicated, visitation by grandparents must be "opposed by the custodial parent or parents." Tenn. Code Ann. § 36-6-306(a). Because the Trial Court found no such opposition, the statute was not implicated and the Trial Court erred by not dismissing this case. The Court of Appeals reversed the judgment of the Trial Court, and dismissed the case.

Scott R. Hall vs. Elisha G. Hall - E2007-02564-COA-R3-CV - Knox County - In this long running divorce action, the trial court awarded the wife's attorney $115,682.00 in attorney's fees against the husband. The principal issue on appeal is whether the award of fees was appropriate. Another issue raised by the husband is whether the division of marital property was proper. The Appellate Court affirmed the trial court's ruling.

Jacqueline Huls and Jonathan Huls v. Jason N. Alford and Leeanna M. Alford - M2008-00408-COA-R3-CV - Coffee County - This lawsuit was filed by Jacqueline and Jonathan Huls ("Petitioners") seeking court-ordered visitation with their grandson pursuant to Tennessee's Grandparent Visitation Act, Tenn. Code Ann. § 36-6-306. The lawsuit was filed against Jason Alford ("Father") and Leeanna Alford ("Mother"), the biological parents of Petitioners' grandson. At trial, both parents testified that they had not and still did not oppose visitation between Petitioners and Petitioners' grandson. Although comments made by the Trial Court support an implicit finding by the Trial Court that the parents did not oppose visitation, there was no express determination made on this particular issue. Following the trial, the Trial Court entered an order granting the petition and establishing a visitation schedule for Petitioners. The Court of Appeals concluded that the testimony at trial preponderates in favor of a finding that the parents did not and do not oppose visitation. The Appellate Court further held that in order for Tenn. Code Ann. § 36-6-306 to be implicated, visitation by grandparents must be "opposed by the custodial parent or parents." Tenn. Code Ann. § 36-6-306(a). Because the Court of Appeals found that the parents do not oppose visitation, the statute is not implicated, and the Trial Court erred by not dismissing this case. The Court of Appeals reversed the judgment of the Trial Court, and dismissed the case.

Tamra Michele (Taylor) Carlson vs. Glenn Richard Carlson, et al - E2007-01276-COA-R3-CV - Hamilton County - This is a divorce case. Both parties raise issues. Tamra Michele (Taylor) Carlson ("Mother") contends the trial court erred in failing to find that Father was willfully underemployed. In addition, she seeks an award of fees for her attorney's services on this appeal. Glenn Richard Carlson ("Father') argues that the trial court erred in requiring him to pay the bulk of the private school tuition for his children and in failing to describe with precision his tuition obligation. He also says that the court erred in failing to make a determination as to who should pay any federal income tax due on a distribution to the parties by Father's former businesses. The Court of Appeals affirmed.

Christopher Dale Coats v. Julia Allison Coats - M2007-01219-COA-R3-CV - Rutherford County - This is a divorce case. Wife/Appellant appeals the trial court's (1) failure to include certain funds from a family partnership in Husband/Appellee's gross income for purposes of child support, (2) deviation from the parties' proposed parenting plan in scheduling visitation, (3) granting Husband/Appellee a credit against his child support arrears for private school tuition, laptop computer, and orthodontia, and (4) denying Wife/Appellant's request for her attorney's fees. The Court of Appeals affirmed in part, reversed in part, and remanded to the matter to the trial court for further proceedings.

Diane Marie Depietto Guiliano v. Anthony Philip Guiliano - W2007-02752-COA-R3-CV -Shelby County - This appeal arises from a divorce action. The trial court found both parties guilty of inappropriate conduct and declared them divorced pursuant to Tennessee Code Annotated § 36-4-129. The trial court awarded 55 percent of the marital property to Wife and 45 percent to Husband; ordered the marital residence sold and awarded the equity to Wife; awarded Wife alimony in futuro in the amount of $4,000 per month; ordered Husband to pay for Wife's COBRA benefits and uninsured medical costs exceeding $45.00 until the benefits expire; and ordered each party to pay their own attorney's fees. Wife appealed. The Court of Appeals modified the trial court's order with respect to life insurance and alimony. Otherwise, the trial court's order was affirmed. This matter was remanded for further proceedings, if necessary, and entry of an order consistent with the Appellate Court's Opinion.

In Re: Adoption of A.E., E.E., and E.E. - W2008-00120-COA-R3-CV - Madison County - This case involves a parental termination proceeding where Father originally consented to termination of his parental rights, but appealed on the ground that his surrender was procedurally deficient and made under duress. Father also alleged that the trial court erred when it failed to grant him leave to conduct discovery on opposing counsel and when the trial court failed to recuse itself. On appeal the Court of Appeals found no error; the trial court properly granted Mother's petition to terminate parental rights, Father failed to present any proof that he was under duress when he consented to the motion to terminate or that he was entitled to depose opposing counsel, and the trial court did not abuse its discretion in denying appellant's motion for recusal. The Appellate Court affirmed the judgment of the trial court.

Why Do We Pick These Particular Cases? Each month, many appellate decisions are available from which to choose. We include in the e-Newsletter all family law cases from the Supreme Court of Tennessee, most appellate cases originating from Shelby County Circuit and Chancery Courts, and a handful of cases from across the state and occasionally from across the U.S. Our goal is to provide an array of cases most likely of interest to our readers.

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