DANIEL COHEN v. JULIE DIDIER (COHEN) - Articles

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DANIEL COHEN v. JULIE DIDIER (COHEN)

Posted by: Tanja Trezise on Aug 20, 2014

Court: TN Court of Appeals

Attorneys 1:

Jessie Ray Akers, Jr., Mt. Juliet, Tennessee, for Defendant/Appellant Julie Didier (Cohen)

Attorneys 2:

Candi Henry and Donald Capparella, Nashville, Tennessee for Plaintiff/Appellee Daniel Cohen

Judge(s): KIRBY

This appeal involves the execution of documents in furtherance of the property division in a divorce decree. The parties were divorced many years ago. To carry out the property division, the final decree of divorce ordered the parties to execute copyright assignments. Twenty-five years later, the ex-husband filed this action to compel the ex-wife to execute the copyright assignments. The ex-wife argued that the action was barred by the ten-year statute of limitations applicable to an action on a judgment. Relying on Jordan v. Jordan, 147 S.W.3d 255 (Tenn. Ct. App. 2004), the trial court held that execution of the documents was a ministerial act to effectuate the property division in the divorce decree and was not execution on a judgment, so the action was not barred by the statute of limitations. After the ex-wife still failed to execute the copyright assignment documents, the trial court designated the clerk of the court to act for the ex-wife to execute them, pursuant to Tenn. R. Civ. P. 70. The ex-wife appeals. Discerning no error, we affirm.

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