Knowing the Judge Not Enough for Judicial Recusal

Tennessee case summary on judicial recusal in divorce. Donald Eugene Winder, III v. Kara Elizabeth Winder In October, 2019, this divorce case from Meigs County, Tennessee, was decided by the Tennessee Supreme Court. The Court of Appeals had previously held that the trial judge had not given sufficient reasons for denying a motion for recusal. […]

Mom Must Pay Attorney Fees After Appeal Deemed Frivolous

Tennessee case summary on attorney’s fees on appeal in divorce. Christopher James Terrazzano v. Alecia Ann Terrazzano At the time of their marriage in 2013, the father in this Putnam County, Tennessee, case was in the U.S. Navy, stationed in Cookeville, Tennessee. Six months later, he was transferred to Hawaii. The mother, however, was unable […]

Tracy Coenen’s Lifestyle Analysis in Divorce Cases, Second Edition

At December 28, 2019
By Miles Mason
In Alimony, Divorce Process, Divorce Tips, Forensic Accounting, Recommended Reading
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The American Bar Association Family Law Section recently published the second edition of Tracy Coenen’s invaluable resource Lifestyle Analysis in Divorce Cases: Investigating Spending and Finding Income and Assets. Coenen’s book clearly explains the lifestyle analysis, an important but often confusing calculation of income and expenses in a divorce case, often used to establish parties’ […]

Court Docs From Another Case Not New Evidence For New Trial

At December 13, 2019
By Miles Mason
In Divorce Process, Prenuptial Agreement
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Tennessee case summary on property division and standard for new trial in divorce. Sonya Lee Westbrooks v. Earl Lavon Westbrooks The husband and wife in this Hamilton County, Tennessee, case had been married for twenty years when the wife filed for divorce in 2013. The trial took place in 2017. The husband had a retirement […]

Judge Must State Reasons for Denying Motion to Recuse

Tennessee case summary on judicial recusal. Donald Eugene Winder, III v. Kara Elizabeth Winder The husband in this Meigs County, Tennessee, case filed for divorce in 2019. The next day, the parties filed a marital dissolution agreement and permanent parenting plan. However, three months later, the wife filed a notice to withdraw the agreement and […]

NM Supreme Court Abolishes Spousal Privilege | Criminal Case

New Mexico case summary on spousal privilege: evidence law. State of New Mexico v. David Gutierrez II Jose Valverde was shot dead in Clovis, New Mexico, in 2002. The case remained unsolved for 13 years, when David Gutierrez II was indicted for the murder. Gutierrez had told two people about his role in the crime. […]

Attorney Loses Own Divorce Case When She Failed to Appear at Trial

Tennessee case summary on attorney’s fees in divorce. Gary Lee Odom v. Rachel Lea Zamata Odom The husband and wife in this Davidson County, Tennessee, case had been married seven years when the husband filed for divorce. At the time of trial, the husband was 66 and the wife 33. The husband had paid for […]

No Custody Jurisdiction After Child Out of TN for Six Months

At September 23, 2019
By Miles Mason
In Custody Modification, Divorce Process, Family Law
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Tennessee child custody case summary on jurisdiction (UCCJEA) and custody modification. Amber Ada Hernandez v. David Alan Hernandez The mother and father in this McNairy County, Tennessee. Case were divorced in 2006. The mother was named the primary residential parent, with the father having co-parenting time every other weekend. In about 2014, the father moved […]

Granting Motion Over Objection of Sick Attorney Not Grounds for Recusal

Tennessee case summary on recusal in divorce. Laurie Elizabeth Lee v. Bryan Mitchell Lee The mother in this Knox County, Tennessee, case filed a petition to modify the permanent parenting plan, and the case was set for trial in December 2018. The father filed an in limine motion which was to be heard the same […]

No Recusal for Judge Predicting Crediting Doctor’s Testimony

Tennessee case summary on judicial recusal in divorce. Marian Neamtu v. Iveta Neamtu The husband and wife in this Davidson County, Tennessee, case were divorced in 2007, at which time the wife was found to be suffering from Lyme Disease and unemployable. The husband was ordered to pay $1,200 per month in alimony until death […]