Session April 25, 2017
from the Chancery Court for Gibson County No. 21893 George R.
an appeal from a final decree of divorce. The trial
court's final decree of divorce included a division of
marital property but failed to adjudicate the issue of
alimony. A subsequent order states that the parties
"agreed that [Wife's] claim for alimony in
futuro and rehabilitative alimony . . . are
dismissed." The appellate record contains no transcript
or statement of the evidence for our review as required by
the Tennessee Rules of Appellant Procedure. Accordingly, we
conclude that there was sufficient evidence to support the
trial court's finding. Affirmed and remanded.
R. App. P. 3 Appeal as of Right; Judgment of the Chancery
Court Affirmed and Remanded.
Gomer Kyle, Tunica, Mississippi, Pro Se.
Freeman Douglass, Lexington, Tennessee, for the appellee,
Winston Keith Kyle.
Armstrong, J., delivered the opinion of the court, in which
Richard H. Dinkins and Arnold B. Goldin, JJ., joined.
Janice Gomer Kyle ("Wife") and Appellee Winston
Keith Kyle ("Husband") were married in November
2009. No children were born of the marriage. On November 12,
2015, Husband filed a complaint for divorce against Wife
alleging inappropriate marital conduct and irreconcilable
differences. On January 5, 2016, Wife filed an answer and
counter-complaint for divorce, wherein she also alleged
inappropriate marital conduct and irreconcilable differences.
In her counter-complaint, Wife avered that she was disabled
and asked the court to award her alimony in futuro,
pendente lite support, and rehabilitative alimony.
The trial court held a hearing and entered a final decree of
divorce on July 15, 2016, granting the parties a divorce by
stipulation. Husband was awarded the marital home and debt
thereon. Wife was awarded $15, 000 from Husband's 401(k),
and the court made a specific division of certain property.
However, there was nothing in the final decree of divorce
adjudicating Wife's request for alimony in
futuro or rehabilitative alimony. Consequently, this
Court entered an order on October 6, 2016, giving Wife ten
days to obtain entry of a final judgment. On October 17,
2016, the trial court entered an order stating that the final
decree of divorce reflected the parties' agreement on all
issues pending before the court. The order further states
that it was "agreed that [Wife's] claim for alimony
in futuro and rehabilitative alimony . . . are
dismissed." Wife filed a timely notice of appeal. Wife
lists several issues for review in her brief, which we
restate as follows:
1. Whether Ms. Kyle should be awarded damages because her
attorney misrepresented her?
2. Whether the trial court abused its discretion in failing
to award alimony in futuro or rehabilitative alimony
to the Wife as the disadvantaged spouse?
3. Whether the trial court erred in failing to consider Ms.
Kyle's contributions to the marriage including
improvements made to the marital residence ...