JOHN F. MANNING, SR. v. CRYSTAL JOAN MANNING, ET AL. - Articles

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Posted by: Chandra Williams on Jun 30, 2016

Court: TN Court of Appeals

Attorneys 1:

H. Scott Reams, Morristown, Tennessee, for the appellant, John F. Manning, Sr.

Attorneys 2: David H. Stanifer and Neal W. Stanifer, Tazewell, Tennessee, for the appellee, Crystal Joan Manning.

Judge(s): MCCLARTY

This appeal involves the interpretation of a marital dissolution agreement. Pursuant to the agreement, the husband and wife agreed to waive any interest in the other party’s retirement account upon the dissolution of the marriage. The husband failed to effectuate the change to his retirement account. Upon his death, the wife refused to sign documentation waiving her right to the benefits. The administrator of the estate filed suit. The parties filed competing motions for summary judgment. The trial court granted summary judgment to the wife. The administrator appeals. We reverse the judgment of the trial court and direct entry of summary judgment in favor of the administrator.

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