WENDY A. MCCULLEY v. ROBERT MCCULLEY - Articles

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Posted by: Chandra Williams on Oct 2, 2015

Court: TN Court of Appeals

Attorneys 1:

Robert McCulley, Memphis, Tennessee, appellant, Pro Se.

Attorneys 2:

Lara E. Butler, Memphis, Tennessee, for the appellee, Wendy A. McCulley.

Judge(s): GOLDIN

This is a breach of contract case. In 2012, the parties entered into a contract to resolve an issue of past-due child support owed by Appellant to Appellee. The contract provided that Appellant would grant a remainder interest in his home to Appellee, reserving a life estate interest for himself. In exchange, Appellee agreed to forgive the past-due child support owed to her by Appellant. The contract provided, among other things, that Appellant would pay the taxes on the property during his lifetime and would make monthly payments to Appellee?s attorney to repay Appellee?s attorney?s fees. In 2014, Appellee filed a petition alleging that Appellant breached the contract by, among other things, failing to pay the taxes on the property. After a hearing, the trial court found that Appellant breached the contract and that forfeiture of his life estate in his home was the appropriate remedy. On appeal, Appellant admits that he breached the contract but argues that the trial court erred in holding that forfeiture was an appropriate remedy. Because the trial court failed to provide any reasoning for its decision, we are unable to perform a meaningful review of this issue on appeal. We affirm in part but vacate the trial court?s revocation of Appellant?s life estate and remand for further findings and conclusions on that issue.

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