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Moore v. Moore

Court of Appeals of Tennessee, Nashville

September 11, 2017

ANNETTE CECILE MOORE
v.
BRIAN SCOTT MOORE

          Session August 16, 2017

         Appeal from the Chancery Court for Williamson County No. 39372 Michael Binkley, Judge.

         This is a post-divorce matter. Having reviewed the record transmitted to us on appeal, we observe that the case appealed from is not final. Given the absence of a final judgment, we dismiss the appeal for lack of subject matter jurisdiction.

         Tenn. R. App. P. 3 Appeal as of Right; Appeal Dismissed

          Gregory D. Smith and Brenton H. Lankford, Nashville, Tennessee, for the appellant, Annette Cecile Moore.

          Jay S. Bowen and Lauren Kilgore, Nashville, Tennessee, for the appellee, Brian Scott Moore.

          Arnold B. Goldin, J., delivered the opinion of the Court, in which Brandon O. Gibson and Kenny Armstrong, JJ., joined.

          MEMORANDUM OPINION[1]

          ARNOLD B. GOLDIN, JUDGE.

         Background

         Ms. Moore and Mr. Moore were divorced by way of a final decree of divorce entered by the Williamson County Chancery Court on August 23, 2011. Incident to their divorce, the parties were able to reach a resolution on several matters, including the execution of a marital dissolution agreement ("MDA") and permanent parenting plan. Less than a year after the entry of the final decree, however, litigation arose with respect to a number of issues.

         On June 29, 2012, Ms. Moore filed a motion asserting various alternative claims for relief, including a request that Mr. Moore transfer title to her then residence as required by the MDA. She asserted further claims on April 17, 2014, when she filed a petition for contempt against Mr. Moore. That petition sought, among other things, to hold Mr. Moore guilty of 32 separate counts of criminal contempt.

         For his part, Mr. Moore filed a petition for contempt on April 1, 2014, asserting that Ms. Moore had failed to pay certain business sums as required under the MDA. Mr. Moore soon amended his April 1 filing on August 25, 2014 with his "Amended Petition to Enforce and Petition to Modify Alimony." Therein, Mr. Moore not only sought a judgment against Ms. Moore for her alleged failure to pay certain business debts required by the MDA, but he also prayed that his alimony obligation be modified.

         In October 2016, a hearing was held on Ms. Moore's June 29, 2012 filing and on Mr. Moore's August 25, 2014 amended petition. By order entered on January 13, 2017, the Williamson County Chancery Court adjudicated the issues raised within these filings and granted relief on certain issues. In addition to granting Mr. Moore a judgment against Ms. Moore in the amount of $164, 502.67, the ...


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