Court Must Make Detailed Findings Before Concluding that Wife’s House Transmuted to Marital Property
- At March 28, 2024
- By Miles Mason
- In Divorce, Property Classification
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Tennessee case summary on classification and transmutation in divorce. Jennifer Lynn Morgan Esposito v. Joseph Diego Esposito The parties in this Campbell County, Tennessee, case were married in 2012 and had no children. In 2021, the wife filed for divorce, alleging inappropriate marital conduct and irreconcilable differences. The wife was 55 years old, and the […]
Read More»When Residence and Family Business Were Housed on Property, it Became Marital Asset
- At March 27, 2024
- By Miles Mason
- In Divorce, Property Classification
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Tennessee case summary on property division classification in divorce. Kelly R. Harris v. Lonnie C. Harris The husband in this Knox County, Tennessee, case purchased about 15 acres of property in 1987, and paid $97,000, about eight years before his marriage. Prior to the marriage, the wife worked for the husband as secretary. About six […]
Read More»Divorced Couple’s Home to Be Valued at Time of Sale, Not Time of Divorce
Tennessee case summary on property division after divorce. Taylor Brocato (now Dunn) v. Kyle Young The husband and wife were divorced in Montgomery County, Tennessee, in 2019, and the final decree incorporated their Marital Dissolution Agreement (MDA). Among other things, that agreement provided that when their house was sold, the wife would receive “half of […]
Read More»Husband Committed Dissipation When He Paid Off Personal Judgment With Company Assets
Tennessee case summary on property division classification, valuation, and dissipation in divorce. Eric Wayne Barton v. Mechelle Scholmer Barton The husband and wife in this Blount County, Tennessee, case were married for 18 years. They met when the husband was stationed at Camp Lejeune, NC, where the wife was employed at the base PX. They […]
Read More»Wife Entitled to Half of Business Income Overlooked at Trial
- At March 22, 2024
- By Miles Mason
- In Divorce, Property Classification
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Tennessee case summary on property division classification in divorce. Wanda Sue Averwater v. James Paul Averwater The husband and wife in this Rutherford County, Tennessee, case were married in 1992, while both worked for a construction company. Three years later, they started their own company. The wife filed for divorce after 27 years. The parties […]
Read More»No Recusal for Judge Who Knew Wife from Theater
- At March 21, 2024
- By Miles Mason
- In Divorce Process
- 0
Tennessee case summary: judicial recusal denied. Arthur A. Allen v. Heather S. Allen This custody matter was scheduled for a hearing in Washington County, Tennessee. It was to be heard by Chancellor John C. Rambo, but due to a scheduling conflict, the case was instead heard before Judge Suzanne Cook. At the start of the […]
Read More»How Do You Practice Oral Advocacy?
- At March 16, 2024
- By Miles Mason
- In Divorce Process
- 0
Steven Peskind continues his discussion of the fundamentals of oral advocacy in court, rhetoric, baiting the hook for the fish – not the fisherman, strategies for crafting an argument that will resonate with the judge, and tips for using oral advocacy to swing the court in your favor, client control, trust, and prepare a proposed […]
Read More»Keeping the Judge Engaged During Oral Arguments
- At March 16, 2024
- By Miles Mason
- In Divorce Process
- 0
Steven Peskind presents strategies to help lawyers not bore the judge, trim down courtroom arguments, don’t drone, don’t beg, use tactical pauses, implement rhetorical tropes to keep their argument compelling for the judge, alliteration, trilogies, antithesis, rhetorical questions, and demonstrative exhibits. https://youtu.be/vYluNiNvxus?si=O7mdKivIohhtmv80Video can’t be loaded because JavaScript is disabled: Keeping the Judge Engaged During Oral […]
Read More»Oral Advocacy: Authenticity, Language and Professionalism
- At March 16, 2024
- By Miles Mason
- In Divorce Process
- 0
Steven Peskind breaks down the importance of authenticity, language, and professionalism in the courtroom including Gerry Spence, “eat the frog,” ethos, logos, pathos, don’t be a pretentious phony, play to your strengths, using your eyes, transition aids, scowling, Churchill, David Boies, use of voice, self-control, reacting to bad events in court, be courteous, wardrobe, gravitas, […]
Read More»Peskind’s Structure of an Oral Argument for Lawyers
- At March 16, 2024
- By Miles Mason
- In Divorce Process
- 0
Steven Peskind discusses the importance of the primacy & recency principle before walking through the structure of a motion: cognitive bias, pathos, finish with the ask, what’s a “kill,” tell the story, and point/counterpoint. https://youtu.be/RSek_2xPkYs?si=U7gS-cIe5BDRI_DhVideo can’t be loaded because JavaScript is disabled: Peskind's Structure of an Oral Argument for Lawyers (https://youtu.be/RSek_2xPkYs?si=U7gS-cIe5BDRI_Dh) Steven’s courtroom advocacy skills […]
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