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
Read MoreMATERIAL 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 MoreKnoxville Trio Indicted for Bank Fraud
The charges state that the Mubaraks and Sanders conspired to defraud 5 banks over a 4 year period, from 2007 to 2011, relieving the financial institutions of $6.7 million through the use of fraudulent loans. Ray Mubarak in particular is also charged with engaging in multiple unlawful monetary transactions, tacking on an extra $10,000 in
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 MoreDISTRIBUTION OF MARITAL ESTATE DIFFICULT TO OVERTURN ON APPEAL
In the case of Dunn v. Dunn (No. E2014-00706-COA-R3-C.V, Tenn. Ct. App. DEC 22, 2014), Husband and Wife divorced after thirty-eight years of marriage. Following several trial dates, the trial court issued a memorandum opinion, placing value on the marital estate and splitting the estate at 60% for the wife and 40% for the husband.
Read MoreChattanooga, Tennessee Pain Clinic Owner Convicted of Drug Trafficking And Financial Crimes
According to a press release from the U.S. Attorney’s Office, Chattanooga, Tennessee resident Barbara Lang was convicted in December, 2014, for participating in a conspiracy to illegally distribute controlled substances. Ms. Lang owned and operated two pain clinics where Xanax and oxycodone were illegally distributed. This crime is sometimes referred to as “drug diversion.” She
Read MoreOverview of Statute of Limitations in Tax Prosecutions for Failure to Collect or Pay Tax
A statute of limitations period may prevent the Government from bringing or succeeding in a claim against a person accused of committing tax crimes. 26 U.S.C. § 7202 (Willful failure to collect or pay over tax) addresses two offenses. 1.) A willful failure to collect tax, and 2.) A willful failure to truthfully account for and/or
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
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