Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Machic v. Machic

Court of Appeals of Tennessee, Knoxville

March 23, 2018

JACINTO MACHIC
v.
CHRISSY M. MACHIC

          March 13, 2018 Session

          Appeal from the Probate and Family Court for Cumberland County No. 2016-PF-5150 Larry Michael Warner, Judge

         This appeal arises from a final decree of divorce. Mother appeals, contending the trial court erred in designating Father as the Primary Residential Parent and awarding the majority of parenting time to Father; she also challenges the division of the martial property. Because the trial court made no findings of fact and the statement of the evidence is inadequate, we have determined that we cannot conduct an appropriate appellate review of the issues raised. Accordingly, the judgment of the trial court is vacated and this matter is remanded for the trial court to, inter alia, comply with the mandate in Tenn. R. Civ. P. 52.01, which states that "the [trial] court shall find the facts specially and shall state separately its conclusions of law and direct the entry of the appropriate judgment."

         Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Probate and Family Court Vacated and Remanded

          Paige Coleman, Knoxville, Tennessee, for the appellant, Chrissy M. Machic.

          Kevin R. Bryant, Crossville, Tennessee, for the appellee, Jacinto Machic.

          Frank G. Clement Jr., P.J., M.S. delivered the opinion of the Court, in which D. Michael Swiney, C.J., and Thomas R. Frierson II, J., joined.

          OPINION

          FRANK G. CLEMENT JR., P.J., M.S.

         On July 6, 2016, Jacinto Machic ("Father") filed for divorce against Chrissy Machic ("Mother") on the grounds of inappropriate martial conduct. A trial on this matter was held on June 5, 2017. The trial court entered a Final Decree of Divorce and a Permanent Parenting Plan on June 27, 2017.

         The Final Decree of Divorce contains no findings of fact or conclusions of law and there is no transcript of the evidence because there was no court reporter present at trial. There is, however, a statement of the evidence which reads as follows:

As there was no court reporter present there is no transcript provided of the testimony. The recollection of Appellee's counsel and Appellee is that the Husband testified regarding the length of time that the parties were married and the birth of the parties' children. There was testimony regarding the Wife's extramarital affair where during those times she had left the children in the care of the Father. The Father also testified that he had been primarily caring for the children. The Husband testified regarding the real property of the parties as well as personalty. There does not appear to be a big discrepancy regarding the parties' testimony of the real and personal property. The Wife's testimony admitted that she differed from the Husband regarding primary care of the children and there was testimony regarding the real and personal property that was similar to the Husband's testimony. The Wife admitted to at least one (1) extramarital affair during the time of the marriage. Counsel made closing arguments and stated the reasons for their respective requests. Following closing arguments, the Court then made its final ruling which was incorporated into the Order which is a part of the appellate record. There was no request made by the Defendant/Appellant for findings of fact and no request for conclusions of law and no request for any clarification made at any time by the Defendant/Appellant.

         This appeal followed. Mother contends the trial court erred in designating Father as the Primary Residential Parent and awarding the majority of parenting time to Father. She also challenges the division of the martial assets and an evidentiary ruling related to Father's fitness as a parent.

         Analysis

         Tennessee Rule of Civil Procedure ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.