November 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.

MemphisDivorce.com / / Meet the Team / / Areas we Serve

Newest Ingredient to the Miles Mason Family Law Group Mix

Julia Williams will join Miles Mason Family Law Group as an associate attorney. She recently passed the Tennessee Bar.

Julia received both her undergraduate and graduate degrees, cum laude, from the University of Mississippi. During her time in law school, Julia garnered impressive legal experience, from obtaining a litigation internship with FedEx to clerking at several law firms.

"I always knew I wanted to go into the legal profession to help people," Julia says. "Divorce is a complex situation and this is an opportunity for me to offer compassion as well as lend my knowledge of legal rights to my clients during a difficult time."

A native of Senatobia, Miss., Julia has deep roots in Memphis. She is a member of the Junior League and on the steering committee of Young at Art at the Dixon Gallery.

Julia has worked at Miles Mason Family Law Group since 2008. Her duties as a law clerk for the firm have included: assisting with research projects, drafting pleadings and coordinating discovery projects.

I'll Be Watching You

Justin Thomas, a senior associate attorney at Miles Mason Family Law Group, has written an article entitled  "Spying Spouses Beware" in The Mississippi Lawyer magazine. The Mississippi Lawyer is published five times annually by The Mississippi Bar.

Responding to a submission request from the magazine, Justin, who is licensed in both Tennessee and Mississippi, was pleased to find his article was selected for inclusion in the latest issue.

"Spying Spouses Beware" deals with the legal ramifications and latest court precedents involving wiretapping and computer spyware. Justin himself has dealt with a few wiretapping cases, but says most of the time the clients don't realize there has been a violation. The courts, however, do not look kindly on these sorts of methods for gathering incriminating evidence, citing invasion of privacy issues.

In May, Justin attended the week-long American Bar Association Family Law Trial Advocacy Institute - a premier trial training program for family law practitioners - in Denver , Colorado . Justin says while he was there, the topic of computer spyware came up quite a bit, as family law attorneys from all over the country are starting to see a proliferation of cases involving "spying spouses", as more and more people become computer savvy.

"Obtaining information legally is very important. A quality, private investigator with very high ethics is the best way, in my opinion, to get the information," Justin says.

The article can be viewed on the Mississippi Bar website at http://www.msbar.org/admin/spotimages/2028.pdf

Resting on his Laurels

Miles Mason, Sr.'s speaking schedule was very busy this last month. Mason commented, "I said 'yes,' too many times. It is over for now. All I have left for the rest of the year is the Atlanta Forensic Accounting Academy in December which is only one day and I am done speaking for several months. It is a relief. I will be glad to be home. I hope my kids remember me." Mason's speaking took him all over the country including New Jersey (just outside of NYC), San Francisco, and a national telephone conference as well as Memphis and Nashville. Mason adds, "I speak because I learn from the CPAs and attorneys. And now, I have made many friends, both forensic accountants and business valuation experts I enjoy seeing."

• Co-presenter with Brent McDade, CBA, BVAL and W. Robert Vance , CPA/ABV/CFF, CVA, CFP, "Mock Deposition for a Business Valuation Engagement" AICPA National Business Valuation Conference (Nov. 15, 2009, San Francisco, CA).
• Instructor, Forensic Accounting Academy, National Association of Certified Valuation Analysts (NACVA) Consultants' Training Institute (Jersey City, NJ, Nov. 13, 2009; Columbus, OH, Oct. 16, 2009).
• Presenter, "Business Skills for Attorneys: Managing People Successfully" National Business Institute (NBI) Electronic Seminar (National teleconference, Nov. 10, 2009).
• Co-presenter with Patrick Mason, Esq., "Prenuptial Agreements" Financial Planning Association of the Mid-South (Nov. 4, 2009, Memphis, Tenn.).
• Co-presenter with W. Robert Vance, CPA/ABV, CVA, CFP, CFF "Must Know Cases for the Expert Witness" Tennessee Society of Certified Public Accountants Conference on Business Valuation, Forensic Investigation & Litigation Services (Oct. 18, 2009, Brentwood, Tenn.).

In photo from left to right, Tennesseans Miles Mason, Sr. JD, CPA, of Miles Mason Family Law Group, PLC, Memphis and Nashville; Brent McDade, ASA, CBA-BVAL, of Decosimo Advisory Services of Chattanooga; and Robert Vance, CPA/ABV/CFF, CVA, CFP, of Lattimore Black Morgan & Cain, PC, Knoxville, were featured in a workshop presentation in San Francisco, CA, at the AICPA National Business Valuation Conference "Mock Deposition for a Business Valuation Engagement" on Nov. 15, 2009.

Special Section: Tennessee Cases Cross-Referenced by Subject Business

Accounting Practice - Hoffman v. Hoffman, No. 03A01-9706-CV-00220, 1998 WL 205707 (Tenn. Ct. App. 1998); Wallace v. Wallace, No. 01A01-9712-CC-00751, 1998 WL 717229 (Tenn. Ct. App. Oct. 14, 1998); Enoch v. Enoch, 1987 WL 12042 (Tenn. Ct. App., W.S., June 10, 1987).

Asphalt - Blasingame v. American Materials, Inc., 654 S.W.2d 659 (Tenn. 1983).

Auto Parts - Sides v. Sides, No. 02A01-9611-CV-00277 (Tenn. Ct. App. Oct. 14, 1997).

Automation and Computer Consulting - Cheatham v. Cheatham, No. 01A01-9508-CH-00380, 1997 WL 731784 (Tenn. Ct. App. Nov. 25, 1997).

Cement Compound Direct Sales - Henderson v. Henderson, No. M1999-00912-COA-R3- CV, 2000 WL 1294320 (Tenn. Ct. App. Sep. 12, 2000).

Check Cashing - Powell v. Powell, 124 S.W.3d 100 (Tenn. Ct. App. 2003).

Chiropractic Clinic - Cutsinger v. Cutsinger, 917 S.W.2d 238 (Tenn. Ct. App. 1995).

Commercial Painting - Koch v. Koch, 874 S.W.2d 571 (Tenn. Ct. App. 1993).

Consulting Services to School Boards - Tunstall v. Tunstall, No. 1282, 1989 WL 122776 (Tenn. Ct. App., W.S., Oct. 17, 1989).

Day Care - Alsup v. Alsup, No. 01A01-9509-CH-00404, 1996 WL 411640 (Tenn. Ct. App. July 24, 1996)

Dental Practice - Elkins v. Elkins, No. 03A01-9812-CH-00415, 1999 WL 107940 (Tenn. Ct. App. Nov. 30, 1999).

Electrical Contracting - Hester v. Hester, M2004-03023-COA-R3-CV (Tenn. Ct. App., Dec. 19, 2006).

Fast Food - Bertuca v. Bertuca, No. M2006-00852-COA-R3-CV (Tenn. Ct. App., Nov. 14, 2007) (McDonalds); Tunstall v. Tunstall, No. 1282, 1989 WL 122776 (Tenn. Ct. App., W.S., Oct. 17, 1989) (Burger King); Plunk v. Plunk, No. 02A01-9702-CH-00040, 1997 WL 729262 (Tenn. Ct. App. Nov. 25, 1997) (Subway).

Financial Services to Automobile Dealership - Edenfield v. Edenfield, E2004-00929-COA-R3-CV (Tenn. Ct. App. Oct. 31, 2005).

Floral Design - Sides v. Sides, No. 02A01-9611-CV-00277 (Tenn. Ct. App. Oct. 14, 1997).

Funeral Home - Erwin v. Erwin, 1988 WL 27249 (Tenn. Ct. App. Mar. 25, 1988).

Homebuilder - Bowser v. Bowser, M2001-01215-COA-R3CV, 2003 WL 1542148 (Tenn. Ct. App. March 26, 2003).

House Painting - Ayers v. Ayers, No. W1999-01261-COA-R3-CV, 2000 WL 791815 (Tenn. Ct. App., W.S., Jun. 6, 2001).

Importing Textbooks - Kerce v. Kerce, No. M2002-01744-COA-R3-CV, 2003 WL 22037526 (Tenn. Ct. App. Aug. 29, 2003).

Insurance Agency - Ray v. Ray, 916 S.W.2d 469 (Tenn. Ct. App., M.S., 1996).

Insurance Repair Contracting - Waits v. Waits, No. 01-A-01-9207-CV00288, 1993 WL 49564 (Tenn. Ct. App., MS, Feb. 26, 1993).

Law Practice - Wright v. Quillen, 909 S.W.2d 804 (Tenn. Ct. App. 1995); Smith v. Smith, 709 S.W.2d 588 (Tenn. Ct. App., M.S., 1985); Jahn v. Jahn, No. 03A01-9903-CH-00097, 2000 WL 134335 (Tenn. Ct. App. Feb. 2, 2000); Jahn v. Jahn, 932 S.W.2d 939 (Tenn. Ct. App. 1996); Brown v. Brown, 1990 WL 140912 (Tenn. Ct. App. 1990); Day v. Day, 2002 WL 13036 (Tenn. Ct. App. Jan. 4. 2002).

Leather Products - Engstrom v. Engstrom, M2001-01448-COA-R3-CV, 2002 WL 1254516 (Tenn. Ct. App. June 7, 2002).

Medical Practice - Hazard v. Hazard, 833 S.W.2d 911 (Tenn. Ct. App. 1991); Batson v. Batson, 769 S.W.2d 849 (Tenn. Ct. App., M.S., 1988); Cunningham v. Cunningham, W2002-02296-COA-R3-CV, 2004 WL 57088 (Tenn. Ct. App. Jan. 9, 2004); Cunningham v. Cunningham, No. W1999-02054-COA-R3-CV, 2000 WL 33191364 (Tenn. Ct. App., W.S., Oct. 20, 2000); Weissfeld v. Weissfeld, No. E2000-02233-COA-R3-CV (Tenn. Ct. App., E.S., May 29, 2001); Hartman v. Hartman, M2003-00805-COA-R3-CV (Tenn. Ct. App. Dec. 30, 2004).

Metal Fabricating - Wallace v. Wallace, 733 S.W.2d 102 (Tenn. Ct. App. 1987).

MRI and CT Scan Clinic - Witt v. Witt, No. 01-A-019110CH00360, 1992 WL 52746 (Tenn. Ct. App, M.S., Mar. 20, 1992).

Optometry Clinics - Baciglupo v. Baciglupo, W2003-01578-COA-R3-CV (Tenn. Ct. App. Oct. 4, 2004).

Pest Control - Smiley v. Smiley, M2000-03060-COA-R3-CV (Tenn. Ct. App. Feb. 2, 2005).

Pharmacy - Blevins v. Blevins, M2002-02583-COA-R3-CV, 2003 WL 23094162 (Tenn. Ct. App. Dec. 30, 2003).

Printing - Morrison v. Morrison, No. 03A01-9510-CH-00347, 1996 WL 266111 (Tenn. Ct. App. May 21, 1996); Davis v. Davis, 2001 WL 914010 (Tenn. Ct. App. Aug. 13, 2001).

Professional Multispecialty Medical Group - Harmon v. Harmon, No. W1998-00841-COA-R3-CV, 2000 WL 286718 (Tenn. Ct. App. Mar. 2, 2000); York v. York, No. 01-A-01-9104-CV-00131, 1992 WL 181710 (Tenn. Ct. App., M.S., Jul. 31, 1992).

Real Estate - Stinnett v. Ferguson, 2002 WL 445073 (Tenn. Ct. App. Mar. 22, 2002).

Respiratory Care Equipment Sales and Service - Hamby v. Hamby, No. 03A01-9708-CV-00346, 1998 WL 379192 (Tenn. Ct. App. Jul. 9, 1998).

Retail Furniture and Appliance - Yates v. Yates, No. 02A01-9706-CH-00122, 1997 WL 746377 (Tenn. Ct. App. Dec. 4, 1997).

Service Company on Internet - Marcus v. Marcus, No. 02A01-9611-CV-00286, 1998 WL 29645 (Tenn. Ct. App. 1998).

Soft Drink - Burks v. Burks, 1991 WL 12846 (Tenn. Ct. App., W.S., Feb. 8, 1991).

Telecommunications - Mosley v. Mosley, 2002 WL 340593 (Tenn. Ct. App. Mar. 4, 2002).

Telephone Sales and Installation - Loyd v. Loyd, 860 S.W.2d 409 (Tenn. Ct. App. 1993).

Textile Manufacturing - Elk Yarn Mills v. 514 Shares of Common Stock of Elk Yarn Mills, Inc., 742 S.W.2d 638 (Tenn. Ct. App. 1987).

Tractor Trailer Rig Sale and Leasing - Humphreys v. Humphreys, No. E2000-02912-COA-R3-CV, 2001 WL 825986 (Tenn. Ct. App. Jul. 23, 2001).

Travel Agency - Wright v. Quillen, 909 S.W.2d 804 (Tenn. Ct. App. 1995).

Trophy Engraving Business - Watkins v. Watkins, E2003-03050-COA-R3-CV (Tenn. Ct. App. Dec. 14, 2004).

Trucking - East Tennessee Transp., Inc. v. Ketron, No. 295, 1991 WL 28943 (Tenn. Ct. App., E.S., Mar. 7, 1991).

Used Car Dealership - Robinson v. Robinson, W2003-01836-COA-R3-CV (Tenn. Ct. App. May 9, 2005).

Veterinary Practice - Lyle v. Lyle, No. 03A01-9412-GS-00434, 1995 WL 324033 (Tenn. Ct. App. May 31, 1995).

Waste Disposal - Wilson v. Wilson, M2002-02286-COA-R3-CV, 2003 WL 22238953 (Tenn. Ct. App. Sept. 30, 2003).

Wholesale Costume Jewelry - Freiden v. Alabaster, 1990 WL 14562 (Tenn. Ct. App., W.S., Feb. 21, 1990).

Family Law Case Histories of Note

Gary Curtis Whitworth vs. Patricia Gayle Whitworth - E2008-01521-COA-R3-CV View Loudon County - In this divorce action, the defendant, following the entry of the Divorce Decree, filed a Motion to Set Aside the Marital Property Settlement on the grounds that she did not agree to the same, and further was denied due process because she had no notice of a hearing resulting in the Divorce Decree. On appeal, the Appellate Court vacated and remanded.

In the Matter of the Guardianship of R.D.M. - M2008-02478-COA-R3-CV View Montgomery County - In this action to appoint a guardian for the minor child, the Trial Court appointed the grandparents and the child's aunt and uncle intervened and contested the appointment of the grandparents as guardian. The child's uncle collected the proceeds of two life insurance policies on the deceased father's life, who had named his brother the beneficiary under the policies. The evidence clearly established that the proceeds of the policies were intended to be for the use and benefit of the minor child and not the designated beneficiary. The Trial Court then ordered the proceeds of the policies to be held in trust for the use and benefit of the minor child. The intervenors appealed. The Court of Appeals affirmed the Judgment of the Trial Court.

In Re: Kara G. and Breanna G. - E2009-00192-COA-R3-PT View Bradley County - Ida S. ("Mother") and Robert G. ("Father") are the biological parents of Kara G. and Breanna G (the "Children"). Following a trial, the Juvenile Court terminated Mother's and Father's parental rights to the Children. Mother appealed. Mother maintains that the Juvenile Court erred when it found that the Department of Children's Services ("DCS") had proven by clear and convincing evidence that grounds to terminate her parental rights existed. Mother also argued that the Juvenile Court erred when it found that DCS had proven by clear and convincing evidence that it was in the Children's best interest for her parental rights to be terminated. The Court of Appeals affirmed the judgment of the Juvenile Court in all respects.

Donald R. Bird vs. Pamela Stucky Bird - E2008-00269-COA-R3-CV View Bradley County - In this divorce case, the trial court dissolved the brief marriage of Donald R. Bird ("Husband") and Pamela Stucky Bird ("Wife") on stipulated grounds. Following a bench trial, the court awarded Wife a judgment against Husband for alimony in solido, representing the value of certain liquidated assets she brought to the marriage and the balance of loans she made to Husband. In addition, Wife was awarded transitional alimony, a vehicle, and her attorney fees. Husband appealed each of these determinations. The Appellate Court affirmed the judgment.

Melinda K. Colston v. Anthony B. Colston - M2007-02757-COA-R3-CV View Sumner County - Husband appealed the award of alimony in futuro to Wife and the division of marital assets, contending that he is unable to pay the alimony awarded and that the trial court's division of the marital assets was inequitable. The Court of Appeals modified and affirmed that decision of the trial court.

Lynn Michelle Nieman v. Gregory Dale Nieman - M2008-02654-COA-R3-CV View Franklin County - In this divorce action, the trial court accepted Husband's and Wife's stipulated grounds for divorce, as well as their agreement regarding the distribution of marital assets and debt, Husband's child support obligation, and a parenting plan; a trial was held on the sole issue of alimony. After a hearing, the trial court awarded Wife $800 per month in rehabilitative alimony for six years. On appeal, Husband alleged that the trial court erred in awarding alimony in excess of his ability to pay and for a longer period of time than was requested; in ordering him to supplement his income to pay the alimony award; in rendering an order for him to pay a monthly "lump sum obligation," which combined his alimony and child support payments; and in declining to consider his motion to modify support because the court found that it lacked jurisdiction. Finding that the trial court erred in finding that it lacked jurisdiction to hear Husband's motion to modify child and spousal support, the Court of Appeals reversed and remanded for further hearing. In all other respects the judgment was affirmed.

Elizabeth Sams Tuetken v. Lance Edward Tuetken - W2008-00274-COA-R3-CV View Shelby County - This appeal involved the trial court's decision to modify an arbitrator's award in a dispute concerning the parties' parenting plan and their child support obligations. Appellant contends that the trial court erred because modification of the arbitrator's award was not permissible under the Uniform Arbitration Act. The Appellate Court reviewed the trial court's order referring this dispute to the arbitrator and concluded that the Uniform Arbitration Act is inapplicable. Instead, the Appellate Court found that this was a non-binding dispute resolution proceeding governed by Tennessee Supreme Court Rule 31. Accordingly, the trial court's decision to modify the arbitrator's award was affirmed.

Michael J. Hogan v. Janet Katherine Hogan - W2008-01750-COA-R3-CV View Tipton County - In this appeal, Father asked the Court to consider whether the arbitrator erred in finding California to be the home state of the parties' children under the UCCJEA, and in finding that Father failed to prove a material change of circumstances warranting modification of the parties' parenting plan. Mother asked the Appellate Court to consider whether, pursuant to Tennessee's Uniform Arbitration Act, Father is limited to the Act's statutory grounds for vacating or modifying the arbitration award. The Court of Appeals found that the courts of this state do not have jurisdiction to enforce the parties' arbitration agreement or to modify the parties' parenting plan. Accordingly, the actions and orders of the trial court and the arbitrator were vacated, and the case was dismissed.

State of Tennessee, ex rel. Tammy Laree Kennamore v. Albert Thompson, et al. - W2009-00034-COA-R3-JV View Hardeman County - This case involved an award of retroactive child support. Following her divorce from the man she claimed was the minor child's biological father, Appellant/Mother filed a petition to establish paternity against the Appellee herein. Genetic testing revealed that the Appellee was the father, and the court awarded child support retroactive to the date of filing of the Appellant/Mother's petition, which award was a deviation from the Child Support Guidelines. Finding that the trial court's deviation from the guidelines is supported by the record, the Court of Appeals 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

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.

Travels with Miles

Miles Mason, Sr., Vincent Perry, and Patrick Mason at The Racquet Club of Memphis. Miles and Patrick, area attorneys, offered expert advice regarding prenuptial agreements in a talk sponsored by the Financial Planning Association of the Mid-South. Vincent Perry, CFP, is President of the Financial Planners Association at Ameriprise Financial.  For more information, Miles, Vincent, and Patrick all have LinkedIn pages.

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.

To unsubscribe from the MemphisDivorce.com E-Newsletter
reply to this email with the word "unsubscribe" in the subject line.

©2009 Miles Mason Family Law Group PLC