Tennessee Changes Rule about Objections to Discovery Requests, and War is Declared on “General Objections”
What objections to written discovery requests are — and are not — allowed in Tennessee?
Read MoreTag: Civil Procedure
Privilege against Self-Incrimination and Adverse Inferences Examined in Smithville, Tennessee: Smith ex rel. Agee v. Palmer
Can one assert one’s Fifth Amendment privilege against self-incrimination in a civil case in Tennessee? If so, when can a Tennessee court draw an adverse inference from one’s invocation of the Fifth Amendment privilege?
Read MoreParty-Prepared Findings of Fact Vacated in Blount County, Tennessee Postdivorce Dispute: Mitchell v. Mitchell
When are party-prepared orders acceptable in Tennessee courts?
Read MoreFailure to File Proposed Parenting Plan Not Fatal to Child-Custody Modification in Tennessee: Freeman v. Freeman
Must a Tennessee court dismiss an action to modify custody or visitation for failure to attach a proposed parenting plan?
Read MoreDismissal of Parenting Plan Modification Reversed In Franklin, Tennessee: Gordon v. Gordon
At what point during a custody trial can a Tennessee court dismiss a party’s lawsuit?
Read MoreJudgment Affirmed after No-Show in Cookeville, Tennessee Divorce: Jackson v. Jackson
Facts: Husband filed for divorce after 25 years of marriage, and Wife filed a counter-complaint. After the trial had been rescheduled four times and Husband’s third lawyer withdrew, on August 31 the trial court rescheduled the trial for October 31, i.e., 60 days later and five years after the complaint for divorce was filed, and said […]
Read MoreNo-Show Attorney Leads to Parental Relocation in Memphis, Tennessee: Allen v. Allen
What can a Tennessee court do if a parent and the parent’s attorney don’t show up for the trial?
Read MoreChange of Child Custody Reversed for Lack of Notice in Chattanooga, Tennessee: In re Ky’Auri M.
What notice is required to change child custody in Tennessee?
Read MoreNew Procedural Requirement Results in Dismissal of Termination of Parental Rights Appeal in Memphis, Tennessee: In re Catherine J.
Facts: Child was removed from the parents’ custody and determined to be dependent and neglected. Five months later, the Department of Children’s Services (DCS) petitioned to terminate Father’s parental rights. After a trial, the trial court entered a judgment terminating Father’s parental rights to Child. Father filed a notice of appeal. Notably, Father did not […]
Read MoreCivil Contempt Petition Revived Because of Multiple Errors in Memphis, TN: Parsons v. Parsons
Facts: Husband and Wife divorced in 2014. Nearly a year later, Wife petition for civil and criminal contempt. She alleged that Husband failed to pay the full amount of spousal support required by their marital dissolution agreement. After Wife’s counsel completed the direct examination of Wife, Husband’s counsel moved to dismiss on the grounds that […]
Read MoreNo Relief from Default Judgment in Murfreesboro, TN Custody Dispute: In re I.G.
Facts: Mother and Father are the parents of Child. They entered an agreed parenting plan designating Mother as the primary residential parent and granting Father 74 days of parenting time. A few years later, Mother petitioned for an ex parte restraining order and modification of the parenting plan because Father had incurred criminal charges for […]
Read MoreCourt Divided Over Statutory Interpretation in Greeneville, TN Termination of Parental Rights Case: In re K.J.G.
Facts: Mother and Stepfather filed a petition to terminate Father’s parental rights and adopt the child. After a trial, the trial court found clear and convincing evidence of grounds to terminate Father’s parental rights and that termination was in the child’s best interest. The trial court entered an order stating its conclusions and attached a […]
Read MoreService of Process at Issue in Maryville, TN Post-Divorce Dispute: Christenberry v. Christenberry
Facts: Husband and Wife divorced in 2004 after 36 years of marriage. As part of the divorce, Wife was awarded a $24,000 judgment against Husband. Wife contends Husband never paid the judgment. To secure payment of the judgment, Wife recorded a lien on a 115 acre property owned by Husband. In 2014, Wife filed a […]
Read MoreAfter-The-Fact Order of Reference Leads to Reversal in Memphis Custody Dispute: Crafton v. Roberts
Facts: Mother and Father, the parents of two children, divorced in 2007. Father was designated the primary residential parent for the youngest child, and Mother was designated the primary residential parent for the oldest child. In 2010, Father petitioned to modify the parenting schedule. Mother counter-petitioned to change custody of the youngest child and to […]
Read MoreConditioning Parenting Time on Actions of Non-Party Reversed in Memphis Divorce: Holdsworth v. Holdsworth
Facts: This 47-page (!!!) opinion begins with the following statement: “This is an appeal from an extremely contentious divorce.” The parties married in 1994 and had one child together. In July 2013, they were divorced. Among other things, the trial court found Husband dissipated marital assets by writing checks to his girlfriend totaling $15,633 and […]
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