Assigned on Briefs January 3, 2018
from the Circuit Court for Wilson County No. 5343-DV Clara W.
of a divorce proceeding, the trial court awarded one party a
monetary judgment against the other. The judgment
debtor's obligation to pay the judgment did not arise
until the sale of certain real property or after two years
from the date of the judgment. Although the real property was
sold, the judgment debtor made no payments on the judgment.
The judgment creditor later moved to extend the judgment. The
motion was filed within ten years of the date of the sale of
the real property but more than ten years from the entry of
the judgment. The trial court granted the motion to extend,
concluding that the judgment creditor's cause of action
on the judgment did not accrue until the real property was
sold. Because the motion to extend the judgment was untimely,
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
Lawrence, Lebanon, Tennessee, for the appellant, Janie Marie
Alexander White, Nashville, Tennessee, for the appellee,
Kevin Patrick Quinn.
Neal McBrayer, J., delivered the opinion of the court, in
which Thomas R. Frierson, II and Arnold B. Goldin, JJ.,
NEAL MCBRAYER, JUDGE
2006, Kevin Quinn and Janie Marcum-Bush divorced. At some
point prior to the divorce, Mr. Quinn loaned money to Ms.
Marcum-Bush. So in its final order entered on April 18, 2006,
the Circuit Court of Wilson County, Tennessee, awarded Mr.
Quinn a judgment against Ms. Marcum-Bush in the amount of
$14, 547.68. The final order "allowed" Mr. Quinn to
file a lien against certain real property, which was Ms.
Marcum-Bush's separate property, to secure payment of the
judgment. But Ms. Marcum-Bush was not "required to make
any payments on the judgment until the sale of the real
property or after two (2) years from the date of this Final
March 31, 2008, Ms. Marcum-Bush sold the real property.
Although Mr. Quinn believed that his divorce attorney had
recorded a judgment lien, apparently he had not.
Consequently, Mr. Quinn received no proceeds from the sale of
the property. And Ms. Marcum-Bush otherwise made no payments
on the judgment.
February 16, 2017, less than ten years after the sale of the
property, but more than ten years since entry of the final
order, Mr. Quinn petitioned the court to enter an order of
civil contempt against Ms. Marcum-Bush. He also asked to
reduce the arrearages to a final judgment and for permission
to file a lien against Ms. Marcum-Bush's residence.
Marcum-Bush answered and filed a motion for judgment on the
pleadings. In both her answer and motion, she argued that the
relief was barred by the ten-year statute of limitations
found in Tennessee Code Annotated § 28-3-110(a)(2)
(2017). She also stated that Mr. Quinn had not extended the
judgment under Rule 69.04 of the Tennessee Rules of Civil
trial court denied Ms. Marcum-Bush's motion for judgment
on the pleadings, but it instructed Mr. Quinn to amend his
petition to include a motion to renew the judgment.
Ultimately, Mr. Quinn withdrew his contempt petition and
filed a motion for an order of scire facias reviving the
judgment. Ms. Marcum-Bush opposed the motion for revival,
again based on ...