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Marcum-Bush v. Quinn

Court of Appeals of Tennessee, Nashville

March 29, 2018

JANIE MARIE MARCUM-BUSH
v.
KEVIN PATRICK QUINN

          Assigned on Briefs January 3, 2018

          Appeal from the Circuit Court for Wilson County No. 5343-DV Clara W. Byrd, Judge

         As part 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, we reverse.

         Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Reversed

          Blake Lawrence, Lebanon, Tennessee, for the appellant, Janie Marie Marcum-Bush.

          Erin Alexander White, Nashville, Tennessee, for the appellee, Kevin Patrick Quinn.

          W. Neal McBrayer, J., delivered the opinion of the court, in which Thomas R. Frierson, II and Arnold B. Goldin, JJ., joined.

          OPINION

          W. NEAL MCBRAYER, JUDGE

         I.

         In 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 Order."

         On 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.

         On 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.

         Ms. 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 Procedure.

         The 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 ...


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