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Posted by: Tanja Trezise on Sep 27, 2012

Court: TN Court of Appeals

Attorneys 1:

Craig V. Morton, Memphis, Tennessee, for the Defendant/Appellant Jodie Ann Miller (Schutt)

Attorneys 2:

Daniel Loyd Taylor and John N. Bean, Memphis, Tennessee, for the Plaintiff/Appellee Rodney W. Schutt

Judge(s): KIRBY

This appeal concerns post-divorce motions to set aside a marital dissolution agreement. The parties were divorced based on a mediated marital dissolution agreement. Shortly after the final decree was entered, the appellant wife filed post-divorce motions to set aside the marital dissolution agreement. The original trial judge first recused herself as to certain issues in the proceedings, and then later recused herself as to the entire case, so the post-divorce matters were ultimately heard by a special judge. All told, the appellant wife filed over 83 postdivorce pleadings, most involving efforts to set aside the parties’ marital dissolution agreement. Eventually, the trial court denied the wife’s motions to set aside and awarded the appellee husband over $61,000 in fees as sanctions pursuant to Rule 11 of the Tennessee Rules of Civil Procedure. The wife now appeals. We affirm.