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July 2010
The MemphisDivorce.com eNewsletter 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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Family Law Case Histories of Note
Alice L. Warren v. David E. Warren - M2009-00042-COA-R3-CV View - Montgomery County - In a divorce action, Wife appealed the trial court’s division of the marital estate, its determination of her income for child support purposes, and its division of the parties’ income tax liabilities. The Court of Appeals affirmed. In Re: The Estate of Joseph Brightman Cooper, Deceased - M2009-01290-COA-R3-CV View - Robertson County - Shirley E. Cooper filed a petition seeking an elective share and a year’s support, among other things, from the estate of her deceased husband, Joseph Brightman Cooper. Jimmy B. Cooper, Sr., Executor of the Estate of Joseph Brightman Cooper (“Executor”), answered the petition and claimed that an antenuptial agreement entered into by Ms. Cooper and Joseph Brightman Cooper precluded the relief sought in Ms. Cooper’s petition. After a trial, the Trial Court entered its order finding and holding, inter alia, that the antenuptial contract was valid and enforceable and waived any interest in property owned by the other on the date of the marriage, but that it did not defeat Ms. Cooper’s claim to property acquired after the date of the marriage. Ms. Cooper appealed the judgment that the antenuptial contract was valid and enforceable. The Court of Appeals affirmed. Robert Alan Austin v. Amanda Yvette Austin - M2008-01515-COA-R3-CV View - Sequatchie County - After the divorced mother of an eight year-old boy moved almost 100 miles away from the parents’ home county, the father filed a petition to be designated as the child’s primary residential parent in her place. The trial court found that there was no proof that the mother’s move posed a threat of “specific and serious harm to the child,” and accordingly concluded that the father did not meet the threshold requirement for modification of an established parenting arrangement. The Appellate Court reversed the trial court’s order because a threat of specific and serious harm is not the correct standard to apply in modification proceedings. The Court of Appeals found there was a material change of circumstances and remanded for determination of the best interests of the child. Bill Burton Green, Jr. v. Teresa Ann Green - M2008-02759-COA-R3-CV View - Sumner County - The wife in this divorce action contends the trial court erred in the amount of transitional alimony she was awarded, in denying her request for alimony in futuro, and in denying her request to recover attorney’s fees. The Appellate Court affirmed the trial court’s decisions regarding transitional alimony and alimony in futuro. As for the issue of the wife’s attorney’s fees, the Court of Appeals found the wife is entitled to recover some or all of the attorney’s fees she incurred at trial and on appeal; and left it to the discretion of the trial court to determine the amount of the fees for which the husband should be responsible. Roxann F. Allen v. Branch Banking & Trust Company, et al - M2009-00920-COA-R3-CV View - Wison County - Husband fraudulently encumbered a tenancy by the entirety without his wife’s consent. The wife and the bank claim interests in the proceeds from the sale of the property owned by tenancy by the entirety. Having determined that the bank retained a right of survivorship in the property, the Court of Appeals vacated the trial court’s decision and remanded for further proceedings. Joanne Wells v. Mark Wells - W2009-01600-COA-R3-CV View - Shelby County - This is a divorce case, ending a fifteen year marriage. Appellant-Husband appealed from the trial court’s classification and division of marital property. Appellee-Wife appealed from the trial court’s decision to impute income to her. Finding no error, the Appellate Court affirmed. Terrie Lynn Hall Hankins v. James Michael Hankins - W2009-00240-COA-R3-CV View - Shelby County - This appeal arises from a divorce action. Husband appealed the trial court’s classification and division of property, the award of alimony in futuro to Wife, and the award to Wife of a portion of her attorney’s fees. 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. Linked In? Yes!
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Miles Mason Speaking Engagements 2010
Miles Mason, Sr. is speaking across the country in 2010. Miles will be an instructor again with the National Association of Certified Valuation Analysts' (NACVA's) Forensic Accounting Academy. Miles usually teaches Day 5 on Fridays, teaching Matter-Specific Applications. This day covers the intersection of law and forensic accounting. You can find out more information on the course here. The schedule is as follows: July 26 - 31: Orlando, FL Miles will also be teaching the International Business Appraiser's (IBA's) Business Valuator Accredited for Litigation (BVAL) Workshop, covering report writing, deposition, and testifying skills for business valuation experts. You can find out more information on the course here. Dates are as follows: August 9 - 14: Newport Beach, CA Also, this year Miles serves on the Tennessee Society of CPA's Business Valuation, Forensic & Litigation Services Committee which plans the TSCPA's Conference on Business Valuation, Forensic Investigation & Litigation Services in October 2010 in Brentwood, Tennessee. Travels with Miles: Miami Beach, Florida
View from the beautiful Fontainebleau Hotel. Too bad the trip was all work. Family Fun
Anne Mason made the Commercial Appeal’s Best of Preps finalist in Golf for her third and final time. She begins golfing for Savannah College of Art and Design (SCAD) in August.
Miles Mason Family Law Group PLC
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