Facts The case of Eberbach vs. Eberbach (No. M2013-02852-COA-R3-CV, Tennessee Court of Appeals, Dec 23, 2014), involves litigation over child support and the parenting schedule. Mother and Father divorced in May of 2011. A permanent parenting plan was part of the final divorce decree. In September of 2012, Father filed a petition for a decrease
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MATERIAL CHANGE HARD TO OVERTURN; CONTEMPT MUST SPECIFY CIVIL OR CRIMINAL
In the case of Thomas v Miller (No. M2013-01485-COA-R3-CV, Feb. 27, 2015), a post divorce case granting Father primary custody and holding mother in contempt leads Wife to appeal. The previous parenting plan designated Mother as the primary parent, giving her 235 days of parenting time. Father received 130 days and was a joint decision-maker
Read MoreDEFAULT DIVORCE OVERTURNED DUE TO LACK OF NOTICE
In the matter of Farley v. Farley, (No. M2014-00814-COA-R3-CV– February 2, 2015), Husband appeals the court’s judgment granting Wife a divorce while Husband was incarcerated on the grounds that he was not given fair opportunity to participate in the hearing or process. Facts Wife filed a petition for divorce in April of 2013, citing irreconcilable
Read MoreHUSBAND’S MERITLESS CLAIM OF DURESS LEADS TO AWARD OF WIFE’S FEES ON APPEAL
In the case of Trigg v Trigg, (No. E2014-00860-COA-R3-CV. Jan 5, 2015), the court finds that Husband was not under duress in signing a contract due to the fact that Wife used dismissal of Order of Protection violations as leverage. Further, the Court of Appeals found Husband’s appeal frivolous and awarded Wife fees expended in
Read MoreTRIAL COURT’S FAILURE TO PROVIDE PROPER FACTS AND CONCLUSIONS OF LAW LEADS TO REMAND
In Clark v. Clark (No. M2013-02632-COA-R3-CV, Dec. 30, 2014), the Court of Appeals sends a trial court’s decision back to the issuing judge for additional findings of fact and conclusions of law. Facts In this case, he parties divorced in 2012 and in December of that year, Mother received 2 DUIs. Father then petitioned for
Read MoreDEFAULT DIVORCE OVERTURNED DUE TO LACK OF NOTICE
In the matter of Farley v. Farley, (No. M2014-00814-COA-R3-CV– February 2, 2015), Husband appeals the court’s judgment granting Wife a divorce while Husband was incarcerated on the grounds that he was not given fair opportunity to participate in the hearing or process. Facts Wife filed a petition for divorce in April of 2013, citing irreconcilable
Read MoreTRIAL COURT APPLIES INCORRECT LEGAL STANDARD REGARDING MODIFICATION OF PARENTING PLAN
In the case of Teven A., No. M2013-02519-COA-R3-JV, (Tenn. Ct. App., Dec. 29, 2014), Father appeals the Juvenile Court on issues of child support. Son was born to Mother and Father in 2005. Mother and Father were not married. In November of 2005, a parenting schedule was set by the Juvenile Court. Father was granted
Read MoreDoctor and Wife Allegedly Responsible for 7 Overdose Deaths at “Pill Mill” in Ohio
Dayton, Ohio – In December of 2014, David Kirkwood, 59, and Beverly Kirkwood, 47, were indicted on numerous counts of conspiracy, distributing prescription pills, and health care fraud. Federal Agents raided the couple’s office in October on suspicion that the location was being used at a “pill mill,” providing controlled substances in large amounts to
Read MoreCare All Companies pay $25 Million to Settle False Claims Act Allegations
According to a press release from the Department of Justice, Care All Management LLC and its affiliates have agreed to pay $25 million plus interest to the United States and the State of Tennessee to resolve allegations that Care All violated the False Claims Act by submitting false healthcare billings to Medicare and Medicaid. This
Read MoreWhat is an Arraignment or Initial Appearance?
I’ve just posted a video discussing what an “arraignment” is. Please click on the video below to learn more:
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