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Posted by: Tanja Trezise on Jul 13, 2015

Head Comment: CORRECTION: The wording "equal distribution" in the conclusion of the opinion and in the judgment were replaced with the phrase "equitable distribution."

Court: TN Court of Appeals

Attorneys 1:

John P. Konvalinka and Katherine H. Lentz, Chattanooga, Tennessee, for the appellant, Andrew R. Lunn, DDS.

Attorneys 2:

Harold L. North, Jr., and Nathaniel S. Goggans, Chattanooga, Tennessee, for the appellee, Carole Michelle Lunn.

Judge(s): FRIERSON

The appeal in this divorce litigation presents issues regarding proper valuation of the parties? business, proper division of marital assets, alimony, child support, attorney?s fees, and court costs. The parties were married for seventeen years, with three children being born of the marriage. The husband is a dentist, who started his own practice during the parties? marriage. Much of the testimony at trial focused upon the proper value to be assigned to this marital asset. The trial court adopted the value assigned by the wife?s expert of $430,376. The trial court then ordered that all of the marital assets be divided equally between the parties. Further, the trial court awarded Wife rehabilitative alimony, transitional alimony, and alimony in solido. The husband has appealed the trial court?s final judgment. We reverse the trial court?s valuation of the dental practice, and we remand this matter to the trial court for a proper determination of the value of such asset. The trial court will also be required to redistribute the parties? marital assets as necessary, in accordance with its redetermined valuation of this asset, in order to effectuate the trial court?s decision to make an equal division of marital property between the parties. We modify the trial court?s award of transitional alimony to an award of alimony in futuro. We also remand, for the trial court?s determination, the issue of a reasonable award of attorney?s fees to Wife incurred in defending this appeal. We affirm the trial court?s judgment in all other respects.