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Edwards v. Edwards

Court of Appeals of Tennessee, Knoxville

August 19, 2019

TAMMY L. EDWARDS
v.
CHARLES EDWARDS, JR.

          Assigned on Briefs August 1, 2019

          Appeal from the Circuit Court for Knox County No. 130827 Gregory S. McMillan, Judge

         This appeal concerns a post-divorce proceeding for contempt. Husband filed a petition for contempt alleging that Wife had failed to pay certain payments ordered by the trial court. The trial court dismissed Husband's petition. Due to the deficiencies in

         Husband's brief, we find that he has waived consideration of any issues on appeal and hereby dismiss the appeal.

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

          Charles Edwards, Jr., Knoxville, Tennessee, Pro Se.

          Jane Kopp Morris, Knoxville, Tennessee, for the appellee, Tammy L. Edwards.

          Carma Dennis McGee, J., delivered the opinion of the court, in which Richard H. Dinkins and John W. McClarty, JJ., joined.

          MEMORANDUM OPINION [1]

          CARMA DENNIS MCGEE, JUDGE

         I. Facts &Procedural History

         Charles Edwards, Jr., ("Husband") and Tammy L. Edwards ("Wife") were divorced on May 22, 2015, by final decree of the Fourth Circuit Court for Knox County, Tennessee. As relevant to this appeal, it was ordered in the final decree that Wife was to pay Husband $17, 000 for his portion of equity in the marital home. However, if the marital home appraised for less than $95, 200, Husband would receive "one half of the difference between the actual appraised value and $95, 200," as opposed to the $17, 000. Additionally, the final decree specified that Wife was to refinance the marital home within nine months after entry of the decree. The court further ordered that Wife would owe Husband the entire $17, 000 if she failed to refinance the home within the specified time, and Husband could then request that the court order a repayment plan.

         On October 17, 2018, Husband filed his first petition for contempt. He alleged that Wife had failed to make payments toward the $17, 000 she was ordered to pay him. After a hearing on the petition, the trial court entered an order finding Wife in contempt of court for failing to refinance the marital home. A judgment was entered against Wife for $17, 000, plus post-judgment interest, for a total judgment of $20, 266.71. The trial court stayed the execution of the judgment on the condition that Wife pay Husband $500 per month, beginning December 1, 2018, and continuing each month thereafter until the entire judgment was satisfied.

         On January 10, 2019, Husband filed a second petition for contempt. He alleged that Wife had failed to pay the $500 per month as previously ordered by the court to maintain the stay of execution. A contempt hearing was held on March 22, 2019. After hearing testimony from Husband, the trial court announced its ruling dismissing Husband's petition. The trial court found that Husband failed to prove the elements of criminal contempt beyond a reasonable doubt.[2] Immediately thereafter, a written order was entered finding that Husband had not proven Wife's ability to pay and therefore the petition for contempt was dismissed. Husband timely filed this appeal.

         II.Discus ...


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