June 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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Family Law Case Histories of Note

Susan Mackowski Pedine vs. Thomas Mark Pedine - E2008-00571-COA-R3-CV View - Bradley County - This appeal involves the dissolution of the second marriage between Susan Mackowski Pedine (“Wife”) and Thomas Mark Pedine (“Husband”). Following a trial, the Trial Court granted Wife a divorce, classified the parties’ property as either marital or separate, and then divided the marital assets. The Trial Court also awarded Wife rehabilitative alimony of $6,000 per month for a period of four years, to be followed by alimony in futuro of $3,000 per month. Husband and Wife both appeal the Trial Court’s classification of certain property as marital or separate, as well as the overall division of marital property. Husband appealed the type and amount of alimony awarded to Wife. The Court of Appeals modified the Trial Court’s classification of certain property as either marital or separate, and modified the overall distribution of marital property. The Court of Appeals affirmed the Trial Court’s judgment as to the amount and type of alimony awarded to Wife. As modified, the judgment of the Trial Court was affirmed.

Jeff Beckham v. Donna Burns Beckham (Casteel) - M2007-02863-COA-R3-CV View - Wayne County - Jeff Beckham (“Father”) and Donna Burns Beckham (Casteel) (“Mother”) were divorced in November of 2004. Father and Mother have three minor children (“the Children”). In October of 2006, Mother filed a petition seeking to set aside the final divorce decree alleging that she only recently had received information that Father had a 401k accrued during the marriage but not disclosed during the divorce proceedings. The next month, Father filed a petition seeking to modify custody of the children to make Father the primary residential parent. Mother then filed a petition for contempt alleging, among other things, that Father had failed to pay his share of summer child care expenses and medical bills for the children, and had interfered with Mother’s custody of the oldest child. After a trial, the Trial Court entered an order finding and holding, inter alia, that Mother was not entitled to relief from the final divorce decree under Tenn. R. Civ. P. 60.02; that a material change of circumstances existed warranting a change of custody; that Father be named the primary residential parent; and that Mother’s petition for contempt was denied. Mother appealed to the Appellate Court. The Court of Appeals affirmed that portion of the Trial Court’s order denying Mother relief from the final divorce decree, reversed that portion of the order finding a material change of circumstances warranting a change of custody, and remanded this case for entry of orders consistent with the Appellate Court’s Opinion.

Donna Lynn Lund vs. John Fredrik Lund - E2008-00415-COA-R3-CV View - Loudon County - Donna Lynn Lund (“Wife”) and John Fredrik Lund (“Husband”) were married for almost twenty-three years when Wife filed a complaint for divorce. Following a trial, the Trial Court declared the parties divorced, distributed the marital property, and awarded Wife alimony in futuro. When dividing the marital property, the Trial Court determined that the pre-marital value of Husband’s annuity and pension benefits with his employer were his separate property, but that the increase in value of that separate property was marital property. Husband appealed claiming the increase in value of his annuity and pension should be considered his separate property. The Court of Appeals found that because the increase in value of Husband’s annuity was entirely market driven, Wife did not substantially contribute to its appreciation and, therefore, the increase in value is Husband’s separate property. As to the pension which is based on Husband’s years of service, the Appellate Court modified the award and apply the deferred distribution method set forth by the Supreme Court in Cohen v. Cohen, 937 S.W.2d 823 (Tenn. 1996). As modified, the judgment of the Trial Court was affirmed and remanded with instructions.

Mendy Joan Hagler vs. Joel Scott Hagler - E2007-02609-COA-R3-CV View - Bradley County - In this divorce case the Trial Judge granted the parties a divorce and divided the marital estate. The husband appealed on the grounds that a house awarded to the wife was not a marital asset, and otherwise questioned the property and division of the indebtedness of the marital estate. On appeal the Appellate Court affirmed, as modified, the modification being that the evidence preponderates against the Trial Judge finding that the father had awarded his son a collection of firearms.

Penny Ann Biggam Moses vs. Roger Dale Moses - E2008-00257-COA-R3-CV View - McMinn County - This is a divorce case. The trial court granted Penny Ann Biggam Moses (“Wife”) a divorce from Roger Dale Moses (“Husband”), valued and divided the marital assets, awarded Wife alimony in solido, and adopted Wife’s parenting plan pursuant to which Wife was made the primary residential parent of the parties’ two minor children. Husband challengedeach of these determinations. Wife sought an award of attorney’s fees and expenses on appeal. The Appellate Court affirmed and granted Wife’s request for fees and expenses.

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, Davidson, and Williamson 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.

Upcoming Miles Mason Family Law Group PLC Seminars

TennBarU - Business Valuation in Tennessee Seminar by Miles Mason, Sr., July 29, 2009, Nashville, Tenn.

It's a small, small world - Hear Miles speak about forensic accounting issues and earn CPE credits at the AICPA National Forensic Accounting Conference from Sept.23-25th, 2009, at the Walt Disney World Swan in Lake Buena Vista, FL. Go to www.cpa2biz.com for more information.

Premarital Agreements - Miles Mason, Sr. and Patrick Mason, Financial Planners Association, on November 4, 2009, Memphis, Tenn.

AICPA National Business Valuation Conference - "Mock Deposition for a Business Valuation Engagement" by Robert Vance, Miles Mason, Sr. & Brent McDade, November 15-17, 2009, San Francisco, Ca.

Miles Mason, Sr. at NACVA's 2009 Sixteenth Annual Consultants Conference

Miles Mason, Sr. presented "Mock Deposition for a Business Valuation Engagement" with Brent McDade and Robert Vance at NACVA's 2009 Sixteenth Annual Consultants Conference in Boston, Massachusetts.

Family Fun

Anne Mason getting her class ring at SAA and Miles Mason, Jr. saving a goal for the MidSouth Futbol Club 95 Boys.

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