Tennessee case abstract on divorce post-divorce enforcement & lawyer’s charges
The husband and spouse have been divorced in Rutherford County, Tennessee, in 2018 after coming into right into a marital dissolution settlement. The settlement included an inventory of things of private property together with their truthful market worth. It supplied that the husband would have them within the storage on a sure day and time, that the husband wouldn’t be on or close to the property when the spouse picked up the objects.
The spouse alleged that 95 p.c of her property was unsalvageable or broken, and that a few of it was not positioned within the storage as requested. She requested for a judgment of $10,000 plus lawyer’s charges. The husband denied the allegations, and in addition alleged that the spouse didn’t mitigate her damages.
After trial, the court docket gave the spouse a judgment of $7,820, however denied her request for storage charges after receiving the property, and denied her request for lawyer’s charges. The husband appealed to the Tennessee Court docket of Appeals. He argued that the trial court docket mustn’t have adopted the truthful market values listed within the settlement. He additionally once more alleged that the spouse didn’t mitigate damages. The spouse renewed her request for lawyer’s charges.
The appeals court docket turned first to the valuation difficulty. The trial court docket had held that the values listed within the doc have been an affordable interpretation and what the events had in thoughts after they signed the settlement.
The husband argued that these values mustn’t have been used, as a result of they really mirrored the value the spouse had paid for the objects. However the appeals court docket shortly identified that the husband had agreed to those values, and that there was no different proof of worth earlier than the court docket.
The court docket then turned to the query of whether or not the spouse had didn’t mitigate her damages.
The trial court docket had discovered that the husband positioned the objects within the storage “in some orderly style for pickup.”
The trial court docket then went by the listing of things one after the other, noting the damages and whether or not they had been positioned within the storage as required.
The husband argued that the spouse ought to have picked up objects even when they weren’t within the designated space, and that she ought to have tried to restore or clear objects that have been broken by rat urine and feces. He additionally argued that she ought to have come early to select up the property.
The appeals court docket rejected these arguments, as did the trial court docket. The appeals court docket famous that the husband had not launched proof in help of his declare, akin to the price of restore or cleansing. For that motive, the appeals court docket affirmed.
The court docket then thought of the spouse’s declare for lawyer’s charges. The settlement known as for lawyer’s charges if both celebration needed to resort to authorized proceedings to implement the settlement. The appeals court docket famous that was precisely what occurred right here. Subsequently, it reversed the denial of lawyer’s charges and remanded the case for a willpower of the quantity.
No. M2019-00137-COA-R3-CV (Tenn. Ct. App. July 31, 2020).
See unique opinion for precise language. Authorized citations omitted.
To be taught extra, see The Tennessee Divorce Process: How Divorces Work Start to Finish.