Case of Enforceability of Mediated Agreement and Attorney Fee

The court can set aside a mediated agreement if it finds bad faith on the part of a party.

Whether to award attorney’s fees in a divorce proceeding is in the discretion of the trial court.
Below is a recent case where this occurred.

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE

October 18, 2013 Session

KALA SHAY HUNN v. KEVIN CARLTON HUNN

In this divorce proceeding, Father appeals the trial court’s award of attorney’s fees to Mother. Finding no error, we affirm. Additionally, we grant Mother her attorney’s fees on appeal.

To read the entire case in detail, click here.

Conflict from States Apart

Below is a recent case from the Tennessee Court of Appeals that deals with several issues.  First, the case deals with the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) where two states, in this case California and Tennessee, both have a potential claim for jurisdiction of the case.  Second, it deals with the death of a parent and the rights of the grandparents, who actually had custody of the child at the time of the mother’s death.



To read the full details of the case, 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.

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.

Conflict in the Court

The following case is from the Gibson Juvenile Court. The Mother and Father in the case were originally represented by the same attorney when they both had the same interest. The interest of the Father changed. The Mother's attorney then sited obvious conflict of interest regarding his representation of the Mother because he had previously consulted with both parties when they agreed on the issues. The Court should have granted a continuance to allow the Mother to seek new representation or represent herself. The complete case can be read here Gibson Juvenile Court Case.

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.

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