LISA E. BURRIS v. JAMES MORTON BURRIS - Articles

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Posted by: Stacey Shrader Joslin on Sep 21, 2016

Court: TN Court of Appeals

Attorneys 1:

Chelsea Nicholson, Nashville, Tennessee, for the appellant, Lisa E. Burris.

Attorneys 2:

Darrell L. Scarlett, Murfreesboro, Tennessee, for the appellee, James Morton Burris.

Judge(s): STAFFORD

Appellant appeals from the denial of her motion to alter or amend the trial court's judgment finding her guilty of thirty-seven counts of criminal contempt and sentencing her to 403 days incarceration. We affirm the trial court's denial of Appellant's post-trial motion on the ground that the trial court erred in finding her non-payment of child support willful. We also affirm the denial of Appellant's post-trial motion based upon evidence that Appellant obtained a loan to pay her support obligation after the contempt hearing. We vacate the trial court's denial of Appellant's post-trial motion, however, on the ground that trial court failed to consider whether Appellant's sentence was excessive. We therefore remand to the trial court to make appropriate findings of fact and conclusions of law to support its ruling and to consider whether Appellant's sentence is excessive. Affirmed in part; vacated in part and remanded.

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