LIBERTAD CLABORN v. BOBBY L. CLABORN - Articles

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Posted by: Chandra Williams on Sep 29, 2015

Court: TN Court of Appeals

Attorneys 1:

Lisa Z. Bowman, Chattanooga, Tennessee, for the appellant, Bobby L. Claborn.

Attorneys 2:

Glenna M. Ramer, Chattanooga, Tennessee, for the appellee, Libertad Claborn.

Judge(s): SUSANO

In 2013, Libertad Claborn (Wife) obtained a “default judgment for dissolution of marriage” from a trial court in Illinois. Wife had resided in Illinois since 2011. The Illinois court ordered the sale of the marital residence in Chattanooga and directed Bobby L. Claborn (Husband) to “cooperate fully” in the sale. The Illinois judgment also ordered Husband to pay child support and educational expenses for the parties’ children. Wife properly enrolled the judgment in Tennessee and sought its enforcement. The trial court in Tennessee accorded full faith and credit to the Illinois judgment. Husband appeals, arguing that (1) the Illinois court did not have jurisdiction to order the sale of the marital residence; (2) the foreign judgment contains provisions at odds with Tennessee public policy; (3) the trial court improperly declined to transfer the matter to chancery court; and (4) the trial court entered a “default” judgment without allowing him to present defenses. We affirm.

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