October 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 Brentwood and Memphis, Tennessee we serve Middle and West TN, Northern Mississippi and Eastern Arkansas.
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AICPA Conference Fun
Miles Mason, Sr. and Tom Burrage, CPA/ABV/CFF, CVA, of Albuquerque, NM, at the AICPA National Forensic Accounting Conference held in Orlando, FL.
In September, Miles Mason, Sr. served on the planning committee for the prestigious AICPA National Forensic Accounting Conference held in Orlando, Florida at the Walt Disney World Swan Resort. Miles' strong background in forensic accounting and business valuation - as well as his position as the ABA Family Law Section's liaison to the AICPA - were instrumental in helping solicit nationally-renowned speakers to the two-day event and making the conference offerings a success.
“It was a tremendous experience working with the AICPA," Miles says.
Conference topics ranged from lectures on 21st century ponzi schemes to family fraud issues.
Along with coordinating the event, Miles co-presented two seminars. The first seminar was a four-hour "Family Law Workshop" with Tom Burrage (CPA/ABV/CFF, CVA) of Albuquerque, NM. Burrage is one of the nation's most respected forensic accountants and business valuation experts.
The second seminar, "Machiavellian Negotiation and Mediation Tactics," was presented by a panel of notable experts aside from Miles, including Mario Ventrelli (attorney, Chicago, IL); Melissa Avery (attorney, Indianapolis, IN); and Walter Pagano (CPA, New York, NY).
From the conference room to the Enchanted Tiki Room at Disney World, not only did Miles get to network with CPAs from all over the country, he also cavorted with a few Disney characters in his spare time.
"My wife, youngest daughter, and I were able to go to the Disney parks again and I met a lot of great CPAs from all over the country. It was a great trip,” Miles said.
Family Law Case Histories of Note
Jerry and Cindy Wilson, Grandparents of K.W., vs. April Gladden - E2008-02283-COA-R3-CV View Hamilton County - Plaintiffs, paternal grandparents, filed this action pursuant to the Grandparents Visitation Act, to obtain court ordered visitation with their grandchild, since the child’s father was deceased. Following an evidentiary hearing, the trial court ordered visitation and the mother appealed. The Appellate court affirmed the Judgment of the trial court.
State of Tennessee, ex rel., Department of Human Services, Sandy Nelson, Lajuana M. Kincaid Thomas, et al vs. Claude L. Glass - E2008-02486-COA-R3-CV View Knox County - The plaintiff filed his 42 U.S.C.A. § 1983 Civil Rights Violation Complaint in the Juvenile Court for Knox County. The trial judge, responding to a Motion by the State, dismissed the action on the grounds that the juvenile court did not have subject matter jurisdiction to entertain the action. Plaintiff has appealed. The Court of Appeals affirmed the Judgment of the trial court on the grounds the juvenile court did not have subject matter jurisdiction in this case.
Jack Anderson Bonner, Jr., vs. Johnnie Dobyns Miller Bonner - E2008-01102-COA-R3-CV View Sullivan County - In this divorce action, the Trial Court granted the parties a divorce and awarded the wife $1,000.00 per month alimony. The husband appealed the award of alimony. The Court of Appeals held the trial court did not abuse its discretion in awarding alimony.
Billy John Inzer, Sr. v. Gail Marie Inzer - M2008-00222-COA-R3-CV View Coffee County - This is a divorce action concerning the termination of an eighteen-year marriage. Husband appealed the trial court’s valuation of the couple’s ownership interest in a limited liability company and Sonic Drive-In, the award of both rehabilitative alimony and alimony in futuro to Wife, and the distribution of Husband’s cash withdrawal from a joint savings account after the couple’s separation. Wife appealed the denial of attorney fees. At trial, both parties offered expert testimony regarding the value of the Sonic with Husband’s expert valuing the interest at $33,201 and Wife’s expert valuing the interest at $509,263. The Court of Appeals found the Sonic operating agreement signed by Husband and Wife is dispositive on the valuation issue and binding on Wife. The case was remanded for determination of the value in accordance with the agreement. The Appellate Court also modified the judgment entered against Husband to account for child support payments made after the parties’ child reached the age of majority. The judgment of the trial court was affirmed in all other respects.
In Re: S.E.J.; Donald Jordan, et al. v. Donald Roberson, et al. - W2008-01354-COA-R3-PT View Madison County - This case involved competing adoption petitions filed by a child’s maternal and paternal grandparents after the child’s father was sentenced to death for killing the child’s mother. The trial court simply compared the relative fitness of the two sets of grandparents and granted the adoption petition of the paternal grandparents. The Court of Appeals concluded that the trial court erred in giving equal weight to both petitions because the paternal grandparents did not meet the requirements set forth in Tennessee’s adoption statutes. The Appellate Court also concluded that the maternal grandparents were fit persons to have the care and custody of the child, that they are financially able to provide for the child, and that adoption is in the best interest of the child. Accordingly, the Appellate Court reversed the decision of the chancery court and remanded for entry of an order granting the adoption petition filed by the maternal grandparents.
Larry Lynn Averitt, Sr. v. Lynn Binkley Averitt - M2008-02047-COA-R3-CV View Davidson County - In this divorce dispute, Wife argued that the trial court erred in not awarding her the divorce, by characterizing her condominium as marital property, and in the division of marital assets, including funds that the court found Husband had dissipated from the marital estate. Finding that the Husband did not dissipate marital funds, the Court of Appeals reversed. All other issues were affirmed.
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
Premarital Agreements - Miles Mason, Sr. and Patrick Mason, Financial Planners Association, on November 4, 2009, Memphis, TN.
Forensic Accounting Academy - "Business Valuator Accredited for Litigation (BVAL)" by Miles Mason, Sr., Nov. 9-14, Jersey City, NJ.
NBI Teleconference - "Business Skills for Attorneys: Managing People Successfully" by Miles Mason, Sr., Nov 10, Jersey City, NJ.
AICPA National Business Valuation Conference - "Mock Deposition for a Business Valuation Engagement" by Robert Vance, Miles Mason, Sr., and Brent McDade, November 15-17, 2009, San Francisco, CA.
Forensic Accounting Academy - Miles Mason, Sr., Dec. 18, Atlanta, GA.
NAVCA and IBA 2010 Annual Consultants Conference - Miles Mason, Sr., Co-Chair of the Matrimonial Track, June 2-5, 2010, Fountainbleu Resort in Miami, FL.
Family Fun
"Thinking Caps On!" - Abby, Miles, Sharon, and Abby frolic at Walt Disney World.
Miles Mason Family Law Group PLC
Memphis Office
Clark Tower / 5100 Poplar Ave. / Suite 3200 / Memphis, TN 38137
901.683.1850
Nashville/Brentwood Office
Suite 350 / 109 West Park Dr. / Brentwood, Tennessee 37027
(615) 679-4700
If you received a benefit from this free service of the Miles Mason Family Law Group PLC, please consider making a donation to St. Jude's Children's Hospital: http://www.stjude.org/donate.
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