Terry LaClaire (Smith) Martin v. Ray Willard Martin

• Court: Court of Appeals of Tennessee
• Decided: November 9, 1995
• Docket: 01A01-9507-GS-00292
• Status: Published

Opinion

TERRY LACLAIRE (SMITH) MARTIN, ) ) Plaintiff/Appellee, ) ) Appeal No. ) 01-A-01-9507-GS-00292 VS. ) ) Wilson General Sessions ) No. 4219 RAY WILLARD MARTIN, )

Defendant/Appellant. ) ) FILED Nov. 9, 1995

COURT OF APPEALS OF TENNESSEE Cecil Crowson, Jr. MIDDLE SECTION AT NASHVILLE Appellate Court Clerk

APPEALED FROM THE GENERAL SESSIONS COURT OF WILSON COUNTY AT LEBANON, TENNESSEE

THE HONORABLE ROBERT HAMILTON, JUDGE

GRAYSON SMITH CANNON CANNON, CANNON & COOPER, P.C. One NorthChase 1000 NorthChase Drive, Suite 109 P. O. Box 749 Goodlettsville, Tennessee 37070-0749 Attorney for Plaintiff/Appellee

GEORGE J. DUZANE DUZANE, KOOPERMAN & MONDELLI One Church Street, Suite 300 Nashville, Tennessee 37201 Attorney for Defendant/Appellant

AFFIRMED AND REMANDED

BEN H. CANTRELL, JUDGE

CONCUR: TODD, P.J., M.S. LEWIS, J. MEMORANDUM OPINION1

The General Sessions Court of Wilson County granted the wife a divorce

after a six month marriage. The court ordered the marital residence sold and the wife

paid $2,000 for her attorney's fees and $10,000 to equalize her equity in the property.

After the deductions, the balance of the equity was to be split evenly between the

parties.

On appeal the appellant has raised issues concerning the $2,000 and

the $10,000 awarded to the wife, and the wife has asked the court to award her

additional fees for her attorney's services on appeal.

We concur in the findings of the court below and, therefore, affirm that

court's final judgment. In addition, we are of the opinion that the appellee is entitled

to attorney's fees on appeal. We remand the case to the trial court for the

determination of the amount to which the appellee is entitled.

Tax the costs on appeal to the appellant.

_________________________________ BEN H. CANTRELL, JUDGE

1 Rule 10(b) of the Rules of the Court of Appeals reads as follows:

The Court, with the concurrence of all judges participating in the case, may affirm, reverse or modify the actions of the trial court by mem orandum opinion when a form al opinion would have no pre cedentia l value. W hen a case is decided by mem orandum opinion it sha ll be designated "ME MO RA ND UM OP INIO N," shall not be published, and shall not be cited or relied on for any reason in a subsequent unrelated case.

-2- CONCUR:

_______________________________ HENRY F. TODD, PRESIDING JUDGE MIDDLE SECTION

_______________________________ SAMUEL L. LEWIS, JUDGE

-3-