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Porter v. Porter

Court of Appeals of Tennessee, Nashville

October 15, 2019

JOHN MARK PORTER
v.
BETSY HILLIS PORTER

          Assigned on Briefs September 4, 2019

          Appeal from the General Sessions Court for Warren County No. 9236 William M. Locke, Judge

         This appeal is from a final decree of divorce. The wife challenges the trial court's ruling regarding the ground for divorce and division of the marital estate. Because the trial court failed to make sufficient findings of fact and failed to comply with Tennessee Rule of Appellate Procedure 24, we are unable to conduct a meaningful appellate review. Accordingly, we vacate the decision of the trial court and remand the case for further proceedings.

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

          Betsy Hillis Porter, Aliceville, Alabama, Pro Se.

          Robert O. Bratcher, McMinnville, Tennessee, for the appellee, John Mark Porter.

          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

         Betsy Hillis Porter ("Wife") and John Mark Porter ("Husband") were married in 2013 and have no minor children. On June 20, 2017, Husband filed a complaint for divorce, alleging inappropriate marital conduct. On October 19, 2017, Husband filed a motion for default judgment. Shortly thereafter, Wife filed a response in opposition to the motion for default judgment, a motion for discovery, and a motion requesting all hearings be "canceled or held in abeyance," until she was served with the divorce complaint. Wife also filed a notice of her legal mailing address, which provided:

SPECIAL LEGAL MAIL - OPEN ONLY IN THE PRESENCE OF ADDRESSEE
Betsy Hillis, USM No. 45559-074
Federal Correctional Institution
Satellite Prison Camp-Aliceville
P.O. Box 487
Aliceville, AL 35442 (R.p16)

         In November 2017, Husband filed a notice of hearing and letter to Wife from his attorney. The letter stated:

At General Sessions Court on November 22, 2017, the Judge accepted your correspondence as an answer to the Divorce Complaint, and therefore the case is at issue, and No Default Judgment has been entered. I will be sending you a ...

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