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Portice v. Portice

Court of Appeals of Tennessee, Knoxville

August 10, 2017

TIMOTHY ALAN PORTICE
v.
ROSHAWNDA LYNN FOSTER PORTICE

          Assigned on Briefs July 3, 2017

         Appeal from the Circuit Court for Campbell County No. 15795 John D. McAfee, Judge

         This case involves a post-divorce motion for contempt. In her motion, Appellant/Wife averred that Appellee/Husband was in violation of the final decree of divorce. The trial court did not find Appellee in contempt, but entered an order enforcing its final decree of divorce regarding sale of the marital residence, Appellant's access to the marital residence, and division of Appellee's 401-K. The trial court also declined to award Appellant half of Appellee's 2015 tax return. Because the trial court's order, on the motion for contempt, appears to deviate from its previous order regarding division of Appellee's 401-K, we reverse this portion of the trial court's order. The order is otherwise affirmed.

         Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Reversed in Part, Affirmed in Part, and Remanded

          Stephen H. Byrd, Knoxville, Tennessee, for the appellant

          Roshawnda Lynn Foster Portice. Timothy Alan Portice, Caryville, Tennessee, pro se.

          Kenny Armstrong, J., delivered the opinion of the court, in which Charles D. Susano, Jr., and W. Neal McBrayer, JJ., joined.

          OPINION

          KENNY ARMSTRONG, JUDGE

         I. Background

         On March 17, 2016, Appellant Roshawnda Lynn Foster Portice ("Wife") and Appellee Timothy Alan Portice ("Husband") were divorced by final decree of the Circuit Court for Campbell County. As is relevant to this appeal, the final decree of divorce states:

7. That the marital home and adjoining property will be sold and the equity equally divided by the parties. The home will be immediately placed on the market for sale with a Relator agreed upon by the parties at a sale price suggested by the Realtor. The asking price may be modified as suggested by the Realtor. The Husband will continue to reside in the home and be responsible for the mortgage payments on the home, until it is sold. The Husband will, additionally, make necessary repairs as recommended by the realtor to make the home marketable. . . .
9. That Wife shall receive one half (1/2) of the Husband's retirement existing at the time of the divorce. . . . The Husband shall provide the Wife the information necessary to prepare a Qualified Domestic Relations Order to transfer funds into Wife's name. The Wife's attorney shall be responsible for preparation of the QDRO.

         In addition to the foregoing provisions, the final decree divided certain marital property and ordered Husband to pay Wife transitional alimony of $1, 000 per month for 24 months.

         On June 6, 2016, Wife filed a motion for contempt, alleging that Husband was in violation of the final decree of divorce. Specifically, Wife averred that:

2. [Husband] was to begin repairs on the marital home in preparation for sale immediately. . . . A realtor must be agreed upon between the parties. [Husband] has not cooperated in making the repairs or even in discussing potential candidates as a realtor. Months have passed since the Judgment and the immediacy requirement has certainly not been met at this juncture. . . .
3. [Wife] has attempted many times to schedule with the [Husband] to obtain various items located at the marital home that she was awarded in the Final Judgment of Divorce ...

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