Dominion v. Dataium

This recent case from the Tennessee Court of Appeals addresses a situation where employees and an investor from one company break away to form a competitor.  The original company files suit alleging several claims, including breach of fiduciary duty, breach of duty of loyalty and good faith, intentional interference with contractual relationships, unfair competition, breach of duty not to solicit employees and breach of covenants not to compete.

To read the full details of the case, click here 

Modified Grandparent Visitation

The Tennessee Supreme Court has held that the grandparents are essentially on the same footing as a “parent v. parent” modification.  The moving party must show by a preponderance of the evidence that there has been a material change in circumstances and that change makes a modification or termination of grandparent visitation in the child’s best interests.

To read details on a case of modified grandparent visitation, click here.

Mother's Request for Relocation Denied

In this case, a parent sought to relocate to Wisconsin with her new husband and her two children. The paternal father of the children opposed the relocation. The trial court concluded that the relocation did not have a reasonable purpose and could be harmful to the children.

Read the full case here.

Case on Grandparent Visitation

This recent case from the Tennessee Court of Appeals, McGarity and McGarity v. Jerrolds and Jerrolds deals with the issue of whether paternal grandparents whose son voluntarily surrendered his parental rights and allowed a step-father to adopt will be granted visitation under the Tennessee Grandparent Visitation Statute. Judge Stafford delivered with Judges Highers and Farmer joining. The case gives an incredibly thorough analysis of the law regarding grandparent visitation and the standards that must be met. In addition, the Court looks at the issues of attorney-submitted proposed findings of fact and conclusions of law and the issue of raising evidentiary objections at the appellate level but not at the trial level.

To read the full case, click here.

Child Custody and Property Division

In the case of Terri Ann Kelly v. Willard Reed Kelly, Terri Ann Kelly ("Wife") was awarded 1000% of the marital assets by the Trial Court. She had sued Willard Reed Kelly ("Husband") for divorce after 18 years of marriage and was awarded custody of the parties' son, Will. She was also awarded attorney's fees. The Court of Appeals, though, modified the Trial Court's division of the marital estate and alimony to Wife, giving her 300%.

The full case can be found here.

6 Easy Rules for Working with Your Attorney

At King & King, we understand how stressful a legal battle can be, especially a divorce. You are angry, upset, and scared. People can do or say things while going through a divorce that normally they would not do. Here are some simple rules that will make the legal process easier for you and your attorney.

1. Be Polite
Your attorney understands the amount of stress you are under. Please, remember that your attorney and his or her staff are there to help you. Be civil and courteous. Try not to snap back, but take calming breaths and explain your frustration. Attorneys are people too and need respect.

2. Trust Your Attorney’s Knowledge
You hired your attorney for a reason. You respect the legal knowledge and experience that the attorney has collected. Family and friends may have gone through a divorce also. It is alright to ask them about their experience handling their divorce. However, keep in mind that every case is different and Judges are not the same. Just because your friend’s case worked out one way does not mean yours will work out the same. Trust the attorney you hired to know what the Judge is or is not looking for. The attorney knows what the Judge wants to see to prove your case.

3. Take Responsibility for Your Actions
The facts in your case took place before you ever met your attorney. If you are at fault for the end or your marriage, you will need to take responsibility for it. Most Judges appreciate this. They would rather you admit your mistakes.

4. Don’t Look for Punishment
The Court is not here to punish anyone. If your spouse wronged you, the Court is not going to unfairly punish him or her even if they were cheating. Find peace in the fact that justice will be done.

5. Payments
Attorneys are there to help you through a difficult time, but remember attorneys need to make a living too. When you sign a Legal Representation Agreement with an attorney, he or she is agreeing to represent you. In return, you are agreeing to pay your attorney for those services. Carefully look at the retainer fee ahead of time to make sure it is within your budget. If you get behind on your bills, talk to your attorney. He or she may be willing to work with you so you can make payment arrangements.

6. Ask Questions
Your attorney is only responsible for what he or she says. You are responsible for what you hear. If you don’t understand something, feel free to ask questions about it. Your attorney has no other way of knowing if you don’t understand something. Don’t wait until after settlement documents are signed and filed with the Court to tell your attorney that you didn’t understand what you were signing. It’s your attorney’s job to make sure you know what you are getting into, but unfortunately, we can’t read minds.

The Haggard Case

The Haggard case is a good example of the Court making an equitable division of marital property. The Court even corrected itself on a Motion to Alter or Amend to get an equitable division. This is also an example of the Court being big enough to admit it made a mistake. 

After the trial court entered a final decree of divorce, the wife filed a motion to alter or amend, seeking a modification of the division of marital property. The trial court granted the motion to alter or amend, stating that the court was operating under a misconception concerning the wife’s position at trial, which rendered the division of marital property inequitable. The court awarded an asset previously awarded to the husband to the wife instead. Husband appeals. We affirm...read the full case here.

ROBERT TREY WOOD, III v. JENNIFER ROSE WOOD

The following is an appeal from Chancellor Maloan who presides over Obion and Weakley Counties. His ruling was upheld. 

Court of Appeals of Tennessee at Jackson:

The parties, Appellee Robert Trey Wood, III (“Father”) and Appellant Jennifer Rose Wood (“Mother”) were married in 2007 and a child was born to them the same year. The parties separated in the fall of 2010, with Mother taking the child from the parties’ home in Union City, Tennessee and moving to Jackson, Tennessee. As a result of the separation, Mother initiallydenied Father visitation with the child. Father filed for divorce on November 12, 2010. On the same day, Father filed a motion to designate a temporary residential parent for the minor child. On November 17, 2010, Mother filed a response to the motion, seeking to be named the primary residential parent. Mother later filed a response and countercomplaint to Father’s divorce complaint. The parties eventually entered into a consent order in which Mother was temporarily named the primary residential parent and Father was awarded reasonable visitation. After Mother was named primary residential parent, sheenrolled the child in a college preparatory private school at her own expense...click here to read more.

Call King & King at 731-664-6864 or visit us at http://www.kingplc.com/ to find out how we can help you.