GEORGE THOMAS KIRBY v. MABLE DEAN KIRBY - Articles

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Posted by: Chandra Williams on Jul 26, 2016

Court: TN Court of Appeals

Attorneys 1:

Tarsila Crawford and James Widrig, Nashville, Tennessee, for the appellant, George Thomas Kirby.

Attorneys 2:

Michael K. Williamson and Tracy P. Knight, Clarksville, Tennessee, for the appellee, Mable Dean Kirby.

Judge(s): FRIERSON

In this divorce action, the trial court fashioned a division of the parties? marital property without determining values for several items of personal property and amounts of certain debt and without reference to the statutory factors. The trial court also awarded the wife alimony in futuro in the amount of $1,500 per month and attorney?s fees in the amount of $5,000. The husband has appealed. Due to the lack of factual findings regarding the basis for the trial court?s marital property distribution, we vacate that portion of the judgment and remand the issue to the trial court for entry of appropriate findings of fact and conclusions of law. Because we have vacated the trial court?s distribution of marital property, we must also vacate and remand the issues of alimony and attorney?s fees for reconsideration by the trial court once an equitable distribution of marital property has been fashioned. The wife?s claim seeking attorney?s fees incurred on appeal is denied.

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